Siman 231

It is written: "You shall do no unrighteousness in judgment, in length, in weight, or in measure. Just balances, just weights, a just ephah, and a just hin shall you have." And it is written: "You shall not have in your bag diverse weights, a great and a small. You shall not have in your house diverse measures, a great and a small. A perfect and just weight shall you have, a perfect and just measure shall you have, that your days may be lengthened etc. For all who do such things, all who do unrighteously, are an abomination unto the Lord your God." And the Torah called it an abomination like the forbidden unions, as it is written regarding them "abomination." And so said Solomon, peace be upon him: "A false balance is an abomination to the Lord." And our sages, of blessed memory, very greatly emphasized this punishment, until they said: The punishment for measures is more severe than the punishment for forbidden unions, for regarding forbidden unions repentance is possible, but regarding measures it is not possible [Bava Batra 88b], for he has robbed the public, and to whom shall he return it? And they further said there: The robbery of an ordinary person is more severe than the robbery of the Most High. And in the Midrash our sages, of blessed memory, said: If you see a generation whose measures are false, know that the insolent are provoked against it and take what is in their hands; what is the reason? "A false balance is an abomination to the Lord," and what is written after it? "When pride comes, then comes shame" [Yalkut at the end of Parashat Ki Tetze]. And the prophet Micah cried out: "Shall I be pure with wicked balances etc." Is it possible for a generation whose measures are false to be pure? [ibid.] And even our teacher Moses hinted this to Israel: "You shall not have... a weight and a weight, an ephah and an ephah," and adjacent to it: "Remember what Amalek did to you" [ibid.]. And aside from the terrible punishment in the world of truth, his punishment in this world is that he will not succeed and his property will go to waste. And conversely, one who exerts himself in true measures and weights, even if at the moment it appears to him that he suffers a loss, yet in the end blessing rests upon all his handiwork. And thus our sages expounded [Bava Batra 89a]: "You shall not have in your house" [money]; what is the reason? Because of "an ephah and an ephah." "You shall not have in your bag"; what is the reason? Because of "a weight and a weight." But "a perfect and just weight shall you have" [money], "a perfect and just measure shall you have." And it is better for a person to roll in dunghills than to have false measures and weights in his commerce. And it is forbidden to deceive with any deception regarding the matter of measure and weight, whether toward an Israelite or toward a gentile; rather they must be straight and just. And one who measures or weighs, even with a true measure and weight, but weighs deficiently, whether toward an Israelite or toward a gentile, violates the negative commandment of "You shall do no unrighteousness."

And even if he does not measure or weigh with the fraudulent ones, it is forbidden to keep them in his house. And thus our sages, of blessed memory, said [ibid.]: It is forbidden for a person to keep a deficient measure in his house, even if he does not measure with it, and even to use it as a vessel for urine, lest someone who does not know come and measure with it. And if there is a custom in the city that they do not measure with any measure except for a measure marked with an official mark, such as the mark of the government, and this one is not marked, it is permitted to keep it, for it is not a measure at all but merely a vessel. However, if they occasionally measure even with one that is not marked, it is forbidden to keep it.

The beit din is obligated to appoint officials who shall circulate among the shops, and anyone found with a deficient measure, or a deficient weight, or broken scales, they are permitted to strike him and to fine him when they have the authority according to the law of the kingdom.

Our sages, of blessed memory, said that one must make the measures in a manner that they will be recognized by sight, so that they do not err in them by exchanging them. Our sages estimated how to make measures: from a seah and a half-seah, as there is a great difference between them and they will not exchange one for the other. And so they make a quarter-seah, and they make a kav, a half-kav, a quarter-kav, and an eighth of a quarter. But they do not make a measure of two kavs, so that they do not exchange it for a quarter-seah, which is a kav and a half. And in liquid measures, they make a hin, a half-hin, a third, and a fourth of a hin, and a log, a half-log, a quarter, and an eighth of a log, and one-eighth of an eighth. And even though regarding a seah they do not make a third of a seah, which is two kavs, nevertheless in liquid measures it is more recognizable and they will not come to err [Levush]. And in a province that has measures and weights stamped by the law of the monarchy, they are the true measures and weights, and any that is not stamped with its seal is forbidden to measure or weigh with. And weights will be explained in section 9.

The strike that they make for measures to strike the overflow in a place where they sell without an overflow, they do not make it from a gourd or the like because it is light and they cannot strike well with it and it is bad for the seller. And also, they do not make it of metal because it is heavy and strikes with force and it is bad for the buyer. Rather, they make it of nut wood, sycamore, boxwood, and the like from our woods. And they do not make it thick on one side and thin on the other side, because the thin side enters into the grain and strikes a lot, and the thick side does not enter as much and does not strike well, and he can deceive with it, for when he sells he will strike with the thin side and when he buys he will strike with the thick side. Therefore, he shall make both of them short or both of them thick. And he shall not strike little by little because it causes loss to the buyer, and he shall not strike with speed all at once because it diminishes for the seller; rather, he shall strike moderately in one stroke.

When one measures a liquid item, he should not do so in a manner that the foam rises and the measure appears as if it is full, and even if it is very small such that there is not the value of a perutah in the place of the foam. And when he pours a liquid item from his vessels into the vessel of the buyer, then after the liquid has exited the measure in a stream, he must hold it inverted over the vessel of the buyer until three drops drip from it. In what case does this apply? To a homeowner who sells, but a shopkeeper does not need to let it drip, for he does not have the leisure to delay, and the buyers know this and buy from him with this understanding.

The siton, who is a merchant who buys in large quantities and sells to shopkeepers, must wipe the measures with which he measures liquid items once every thirty days, because the liquid adheres to the measure and through this the measure is diminished. A homeowner who does not sell as much, it is sufficient for him to wipe once every twelve months. The shopkeeper, since he is not required to drip the drops and much adheres to it, must wipe twice a week. Regarding weights, the shopkeeper who sells liquid items must wipe them once a week, because one who weighs a liquid item touches them with his soiled hand. The scales in which the liquid item is placed must be wiped every time he weighs with them.

One must not deviate from the custom of measures; that is, in a place where they are accustomed to measure with a small measure like a log, one should not measure with a large one like a kav, and in a place where they are accustomed to measure with a large one, one should not measure with a small one. This is because every measure has a small surplus for the buyer, as it is impossible to be exact, and in one large measure he only has one surplus. Therefore, even if he gives him fewer large measures that contain the same amount as the many small ones, it is ona'ah to the buyer because of the surplus. Consequently, it is good advice for the seller not to measure with small measures in a place of large ones because the surpluses will increase. Similarly, in a place where they are accustomed to give a heaped measure, he must not give it without a heap, for the heap is considered a third; and even if he wishes to give him three leveled measures instead of two heaped ones, it is forbidden. Even though there is no loss to the buyer, nevertheless the Sages, of blessed memory, were concerned that one who sees this will imagine that they sell leveled measures, and the sellers could subsequently deceive the buyers. Consequently, in a place where they are accustomed to level, it is good advice for the seller not to heap. And even in a place where they sell a heaped measure for three dinars and the buyer said to him, "Give me a leveled one for two dinars," it is forbidden for the seller to do so, so that those who see it will not be mistaken.

The weights are made in the size of a litra, a half-litra, and a quarter-litra, but they may not make a third-litra, nor a fifth, nor one of three-quarters of a litra, because the sellers would be able to deceive the buyers by giving three-quarters of a litra instead of a litra, as the difference between them is not so recognizable; and similarly, he might give a third instead of a half-litra, and a fifth instead of a quarter. However, regarding a weight with which they weigh small, expensive items, it is necessary to make small weights according to their value.

One may not make weights from types of metals because they develop rust and diminish over the course of time; rather, they should be made from smooth stone. There is one who says that weights for silver and gold and for dry goods may be made from metal if they wish, and such is the custom. As for that which in our country all weights are of metal, it is because all weights are according to the government, and it is not in our power to change them. Therefore, it is an absolute obligation upon every shopkeeper, when he sees that his weight has diminished even slightly, to break it and take another new one. For a small weight used for weighing silver and gold, one should cover it with leather because even a slight erosion causes great damage. They have not practiced this in our time, and it is possible that because they are very smooth they do not erode, and also because of their smoothness, fat does not stick to them and they are easily wiped clean of fat, and there is no concern that in wiping them they will erode the metal and diminish the weight [see Tosafot Bava Batra 89b, s.v. "v'lo"].

It is forbidden to hide weights in salt because the salt lightens them, and he will sell with them, for it is the nature of salt to draw to itself, and there is nothing in the world that does not have thin spaces filled with air, and the salt draws to itself and lightens it. And some say the opposite, that the salt makes the weight heavier, and when he buys with it, it will be an overcharge to the seller. But the main point is according to the first explanation, and so it is explicit in the Yerushalmi, and so the Rambam wrote in the eighth chapter of Geneiva [and in the Sma, subsection 17, there is a printing error]:

The scales must be leveled, each one according to what it is. How so? Sellers of copper and iron who weigh large pieces of one hundred litrin and the like, [the scales] must be three tefachim high from the ground, and the cord above that the scales are suspended from shall also be three tefachim long, so that there will be three tefachim of space below near the ground and above near the roof. For when the weight is great, it tips significantly; therefore, when it tips upward or downward, it requires three tefachim of space. And the length of the beam at the head of the scales, in the middle of which the tongue is fixed, they estimated that its length must be twelve tefachim, for then it tips here and there with ease; and the length of the cords that the pan is suspended from at the two ends of the beam [shall be] twelve tefachim.

And those of sellers of wool and glass shall be two tefachim high from the ground, and the length of the cord above with which he holds the weight shall be two tefachim, the length of the beam nine tefachim, and likewise the length of the cords. And those of a shopkeeper and of a homeowner, where the weight is small, shall be one tefach high from the ground, and the length of the cord with which he holds it above one tefach, and the length of the beam six tefachim, and likewise the length of the cords. And those of sellers of silver and gold, and of sellers of purple wool and other fine matters, shall be three fingers high from the ground, and the length of the cord above with which he holds it three fingers; and the length of the beam and the cords, our Sages, of blessed memory, did not give a measure for them, for since the tipping of the scale is very light, there is no concern in this. And we have already explained that the measure of a tefach is two vershoks according to the measure of our country, Russia.

It is impossible to be exact in weight, and therefore there are places where they are accustomed to give a tilt, such that the scale containing the food, drink, or merchandise tilts against the weight. There are other places where they are not accustomed to a tilt, where they weigh exactly and add a small amount without a tilt. Our sages of blessed memory said [Bava Batra 89] that in a place where they are accustomed to tilt, one must tilt a handbreadth, so that the weight rises a handbreadth higher against the merchandise. This is specifically for a weight of a litra at least, but for less than this, a tilt of a handbreadth is not required [Sma]. In a place where they weigh exactly, one must add one part in a hundred for a liquid substance and one part in four hundred for a dry substance; because the liquid adheres to the vessel, it requires a greater addition. All of this our sages of blessed memory learned from that which is written: "A perfect and just ephah," and this "and just" is superfluous; rather, it is as if to say: justify from your own and give to him for a tilt or for an addition.

For every weight one gives a single tilt, and therefore if he was weighing ten litra for him, the buyer may not say to him, "Weigh for me each litra individually with a tilt," but rather he weighs all of them at once and there is one tilt for all of them. And even though a tilt of a handbreadth for a heavy load will automatically be more than for a light load, nevertheless, there is more in many tilts. And the buyer cannot say, "Was it not within my power to buy from you ten times, each time a litra, and you would have given me ten tilts?" Nevertheless, it is not according to justice if he does so, to buy in ten times that which he needs for one time. And if he was weighing for him three-quarters of a litra, and such a weight is not found, as I wrote in section 9, the buyer may not say to him, "Weigh for me each quarter individually," or "a half-litra and afterwards a quarter," but rather he shall weigh for him a litra and place a quarter-litra weight with the merchandise. And some say that this is in a place where they do not practice the tilt, for with a tilt there is a loss in this for the seller, as he would need to give a tilt also for the extra quarter. And why should he not weigh the three quarters together by placing a half-litra and a quarter-litra on the scale? Because the sages feared lest the seller drop the quarter weight through craftiness and the buyer will not notice since there is a weight on the scale pan.

The residents of a province who wished to increase the measures or the weights, the sages commanded that they should not increase more than a sixth beyond what was previously established. Thus, if there was a measure of five units and they made it into six units, they have the authority to do so, but they may not make it more than six. The reason is because we find in Yechezkel that they added a sixth to the sela and no more. There is another reason for this: since generally when they increase the measure, it is not known to those far away for some duration of time, and when they bring grain they will come to a loss, as they will sell by the large measure at the price they should have sold by the small measure. Regarding a sixth, they were not so concerned, because in any event they will not have a loss of the principal since they profit a sixth, as will be explained. And even though a merchant who does not profit is automatically at a loss, nevertheless, over the course of time they will become aware of this; but regarding more than a sixth, where there would be a loss of the principal, they were concerned even for a short time.

In the measurement of land between brothers or partners, one must be precise in the calculation of its measurement according to the principles explained in the writings of geometry, which is the science of measurement. And one should not say, "What is this small amount of land?" for even a finger's breadth of land must be viewed as if it were full of saffron, which is a precious thing. However, regarding the four amot adjacent to the trench of a water channel, one may be lenient in their measurement and one is not precise in it, because they do not sow them; and those adjacent to the riverbank are not measured at all, because they belong to the people of the public domain.

One who measures land should not measure for one in the summer days and for another in the rainy days with that same rope, because the rope shortens in the summer days. Therefore, if he measured with a rod or with a chain, it is of no consequence. The Semag [Prohibitions 152] in the name of Rabbeinu Chananel explained that the land itself contracts in the rainy days and expands in the summer days, and according to this, there is no difference in what he measures it with. However, all the poskim did not bring this opinion at all, and it was also not mentioned in the Shulchan Aruch. And there are those who say that in the summer days the rope lengthens.

The punishment for measures and weights is very severe, and furthermore, it is impossible to repent since one does not know from whom he stole or how much he stole. And even though our sages, of blessed memory, said that he should use them for public needs, nevertheless, this is not a proper repentance when he does not return it to the robbed parties themselves. And our sages, of blessed memory, further said that he is like one who denies the exodus from Egypt, because this seller hides his way from Hashem as if, as it were, He does not supervise his actions, and as if, as it were, it is not within His power, may He be blessed, to provide for him through permissible means; and in the exodus from Egypt, the greatness of His providence over us was clarified.

Just as the beit din is obligated to appoint an overseer for measures and weights when they have the ability to do so, as I wrote in section 3, so too are they obligated to appoint overseers over prices so that they do not rise excessively. A person should not profit on items that are essential for life, such as wines, oils, and fine flours, and certainly bread and meat and the like, more than a sixth. In what case does this apply? To a merchant who sells a large amount of his merchandise together without exertion. However, for a shopkeeper who sells little by little, they appraise for him his expenses for the shop and also the wage for his exertion, and in addition to this, he may profit a sixth. In what case does this apply? When the market price has not risen; but if the market price has risen, he may sell according to the high price, even if he has merchandise ready from the time it was cheap. All of this is only when the beit din has the power to compel all the sellers in the city to sell thus. But when there are sellers who will not obey this and there is no power to compel them, they do not compel even the individuals who listen, for why should they cause them to lose for nothing? However, if the beit din knows that through this the others will also be compelled to sell like them, they should compel those who listen [it appears to me]. And now in our country, one must cry out for the opposite regarding the shopkeepers who devalue the prices in all types of merchandise, and through this, the ruin of commerce and poverty has increased. Behold, our sages of blessed memory permitted profiting a sixth even in essential food items, and certainly in other types of merchandise where they must profit much more, and now they devalue the prices without knowledge and without understanding. And there is one who divided all merchandise into three parts: that in essential food items they may profit up to a sixth and no more; and in those that are not essential food items at all, they may profit even double; and in the facilitators of essential food items, such as spices and the like, they may profit one for one and no more [Sma].

Anyone who manipulates prices by selling and profiting excessively, the beit din is permitted to punish him as they see fit, when they had the power in their hands in former days.

Our sages, of blessed memory, said that one may not profit twice from eggs; rather, the first merchant sells them for a profit, and the one who buys from him sells them at cost alone. The reason is that with eggs, the first buyer must go around to every house and buy them one by one and sell them, and if the one who buys from him also profits, the price will rise significantly. Similarly, there is one who says there that it is permitted to profit from eggs up to double and no more; for even though they permitted in this case to profit more than a sixth because there is great toil for the poor person who goes around the villages to buy them, nevertheless, he should only profit up to nearly one for one. Also, with eggs from his own hen, he should not profit very much [Tosafot Bava Batra 91a]. In our times, when they bring them to the market like all other merchandise, their law is like all other food items [it appears to me].

It is forbidden to engage in commerce in Eretz Yisrael with items that are essential for life; rather, this one brings from his threshing floor and sells, and that one brings from his threshing floor and sells, so that they will sell at a low price. In a place where oil is abundant, it is permitted to profit from oil, as it is very common and it is not its way to become expensive. The reason is that every homeowner can bring to the market the grain that grew from his fields and sell them. Therefore, if one buys wheat from a homeowner and makes bread from them, he may profit, for the owner of the grain does not desire to grind them and bake them [Rashbam ibid.]. The same applies to buying wheat and grinding them and selling flour; it appears also that it is permitted for this reason. In the diaspora, it is permitted even in a place where the majority are Jews [Sma] [for in the diaspora there is much land and much grain, they did not fear that it would become expensive because of this].

One may not hoard produce that is a necessity of life in Eretz Yisrael or in any place where the majority are Israel, because through this, high prices will develop [and in a place where the majority are Akum, since they will not listen to us, we do not have to forbid the Israelite alone]. In what case does this apply? Regarding one who buys from the market, it is forbidden to buy and to hoard; but to hoard that which grew in his own fields is permitted. And similarly, to hoard what he needs for his household to eat is permitted, even to buy from the market [Rashbam]. And in a year of famine, he may not hoard from the market more than what he needs for his household for a year, for for a year he must of necessity buy, but not more. And in normal years, he is permitted to hoard what he needs for his household even for several years.

Anyone who manipulates prices by raising the costs to buy at a high price, or who hoarded produce in the Land of Israel or in a place where the majority are Israel, behold, he violates "and your brother shall live with you," and his sin is as great as one who lends with interest.

One may not export produce that is essential for life from Eretz Yisrael to outside the Land or to Syria, nor from the domain of one ruler to the domain of another ruler within Eretz Yisrael [for there, in all its surroundings, there is sufficient grain and produce for the residents, and why should they cause high prices].

The residents of a city are permitted to fix a price for anything they desire and to stipulate among themselves that anyone who violates it shall be fined such and such. They may also establish a fixed rate for the wages of laborers, that it shall be such and such [Levush]. Similarly, craftsmen are permitted to establish regulations for themselves regarding their craft, such as ruling among themselves that one shall not work on a day that his fellow works, or in a place where his fellow works, and the like, and anyone who violates this shall be punished such and such. This is specifically when all the craftsmen together establish such a regulation, but two or three of them is of no effect. When all the practitioners of that craft are together, the majority can compel the minority. Likewise, regarding the regulations of the city, the majority has the power to compel the minority, and one who did not attend the assembly, his opinion is nullified. In a place where there is a regulation of the kingdom, the law of the kingdom is the law.

In what case are these words said? In a city that does not have a prominent sage appointed over the public, such as the city rabbi. However, if there is one, the condition of the craftsmen or of the city residents is not effective without the consent of the sage. For since there is some loss to individuals in the regulation, it requires the agreement of the city sage, who will understand that it is proper to do so for the benefit of the collective. Therefore, if there is no loss to any person in this, the craftsmen may regulate among themselves whatever they wish when they all agree to it. And see what I wrote in siman 2, 156, and 163. And the regulations that the government makes, one is obligated to fulfill, for the law of the kingdom is the law.