Jewish Law

Lesson # 561 Not to possess and/or use dishonest weights and measures

In previous lessons we discussed rules specifying that one may not deceive another person as to discrepancies in price or quality of an object. In the case of discrepancy in price, the remedy depends upon the amount of the discrepancy. In the case of adulteration of the produce, the remedy depends upon the percentage of adulteration. In this lesson the deceit arises from dishonest weights, dishonest measures, and erroneous counting of the cash paid or cash given in change, for example, the buyer giving the seller $12 instead of $11. In Shulhan Aruch there is a chapter entitled “One may not deceive in measures and weights” - The title of the chapter also includes the obligation to appoint officers to supervise measurements and prices.
There are two distinct commandments regarding possessing dishonest weights and measures. There is a positive commandment to possess honest weights and measures; and there is a negative commandment not to possess false weights and measures. The positive commandment appears in Rambam’s Sefer HaMitzvot, Positive mitzva 208, and the prohibition is Lav (Lo Taaseh) 272. The reason that a short weight or measure must not be in possession of a merchant is that someone else in his store might use it not knowing that it is not accurate. The community laws are often controlling when it comes to weights and measures. The prohibition applies if one short-weighs, short measures or short counts any person, Jew or Gentile. The violation of possessing accurate weights and measures applies even if the community has inspectors and they have overlooked any dishonest scales and measuring devices, whether intentionally or unintentionally. However Hashem knows who is honest and who is not.
If the seller has made an error, whether deliberately or unintentionally, in weighing, measuring or counting out the thing sold, the buyer may request Beit Din to have the seller make restitution of the amount short-weighted, short measured or short-counted. For example, the buyer orders from the seller 50 pencils and receives only 48; or he orders 50 pounds of apples and receives only 48 pounds, or he orders 50 feet of silk material and receives only 48 feet. In these cases the seller must make good the shortage by delivering to the buyer, in these examples, two pencils, two pounds of apples or two feet of silk. The laws apply whether the error is large or small. The sale remains in effect and may not be rescinded by the buyer. Similarly, if the buyer pays by count- ing out the money and he erroneously counts out more than the price, the seller must return such surplus to the buyer. All that has been said about the seller returning such surplus to the buyer also applies in the event the buyer has received any over-counting, over-measuring or over-weighing, or has under-counted the payment in cash or received an over-counting in change. There is no time limit to such return whether the wronged party is the buyer or the seller.

• Other Jewish Law
• Lesson # 582 Persons Ineligible to Participate in a Sale
• Lesson # 579 Going Out of Business Sale
• Lesson # 578 Pit Damage (cont.)