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Giving Preference When Choosing From Whom to Buy

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Halacha establishes a number of guidelines for determining from whom to purchase an item that is sold by different people. First, one should give preference to a Jewish seller over a non-Jewish seller. The Sages extracted this requirement from the verse in the Book of Vayikra (25:14), "O Kano Mi’yad Amitecha" – "or if you purchase from your fellow." The Torah here alludes to the fact that when one makes a purchase, he should buy from his "fellow," meaning, another Jew.

This applies even if the Jew sells the item in question for a slightly higher price than the gentile. Despite the added expense, one should give preference to the Jewish proprietor. However, if the Jew sells the item for a substantially higher price, then one may buy from the gentile. Furthermore, this discussion assumes that both sell items of the same quality. If the gentile sells higher quality merchandise, then one is not required to compromise his standards for the purpose of giving preference to the Jewish retailer.

Even among Jews, there are preferences when determining from whom to buy. The Hafetz Haim (Rabbi Yisrael Meir Kagan, 1839-1933) writes that if two Jews sell the same item and one of them is a Torah scholar, one should give preference to the Torah scholar, even if the other seller is a Kohen. This is similar to the case of two Jews who come to a lender in need of a loan, where Halacha requires the lender to give preference to a Torah scholar over others. Furthermore, the Hafetz Haim cites Rabbi Akiva Eger (1761-1837) as requiring giving preference to one’s relative over others when making a purchase. If a family relative sells an item that one needs to purchase, he should buy the item from the relative instead of somebody else. If both sellers are family relatives, then one gives preference to the closer relative. According to some authorities, one gives preference to a family relative even over Torah scholars.

It must be emphasized that this discussion applies only if both proprietors sell merchandise of the same quality, and neither charges a substantially higher price than the other.

Summary: In a case where one wishes to buy an item that two people sell at the same standard of quality, and neither charges a significantly higher price than the other, one must give preference to a Jewish seller over a non-Jewish seller. If both sellers are Jews, one gives preference to a Torah scholar over the other. If one seller is the buyer’s relative, the buyer should give him preference, and according to some authorities the relative takes precedence over a Torah scholar. If both sellers are relatives, then the closer relative should be given precedence. As mentioned, these laws apply only if both sellers sell items of the same quality, and neither charges a significantly higher price than the other.

 


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