DailyHalacha.com for Mobile Devices Now Available

Halacha is For Refuah Shelemah for
 Moshe ben Beila Rachel

Dedicated By
George & Beverly Schwarz

Click Here to Sponsor Daily Halacha
      
(File size: 744 KB)
Giving Preference When Choosing From Whom to Buy

**Please visit www.learntorah.com for our on-line Chinese Auction benefiting the continuing services provided by Torah Learning Resources**


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.

 


Recent Daily Halachot...
Succot- The Mitzvah of Building the Succah
Succot- The Proper Way To Shake The Lulav in Halel
The Proper Time To Say Selichot
Customs of Elul
The Shofar as an Alarm Clock
Hatarat Nedarim – Annulling Vows Before Rosh Hashanah and Yom Kippur
Reciting Tehillim During the Month of Elul and During the Ten Days of Repentance
Some Laws and Customs for the Month of Elul
The Proper Procedure for Reciting Selihot Without a Minyan
Selihot – The Recitation of the “Yag Middot”
Selichot and Tikun Hasot
Reciting the “Yag Midot” Without a Minyan
Performing Teshuva Each Day; Repenting for Negative Character Traits
Can a Man Represent His Wife in Hatarat Nedarim?
The Structure of the Selihot Service; Health as a Reward for Charity
Page of 239
3585 Halachot found