The Laws [Governing] Measures, Weights, and Charging Excessive Prices

The Rules [Governing] Measures, Weights, and Charging Excessive Prices. (1-21)

1 A person who weighs merchandise for a colleague using a weight that is less than the weight1 sanctioned by the inhabitants of that city, or measures with a measure that is less than the measure sanctioned, violates a negative commandment, as it is written:2 “Do not act deceitfully... with regard to measures of distance, weight, or volume.”

“Measures of distance” refers to the measurement of land3 for partners who seek to divide [land they own jointly]. One should not measure for one in the rainy season and for the other in the summer. For in the rainy season, the measuring rope is moist and it will stretch. In the summer, because it dries, it contracts. [Similarly,] one must be precise with regard to calculating the measurement of land, employing the fundamental principles of the science of geometry. For we consider even a fingerbreadth of land as if it was filled with saffron.4

[The mention of] “weights” indicates that one should not store one’s weights in salt so they will become lighter.5 A mesurah [is used as an example of “measures of volume.” It is] a small measure, one thirty-sixth of a log.6 The Torah warned that one should not pour into [this measure] in a manner that will create froth so that it will appear to be full [when it is not], even though the froth adds only a very small amount and thus [the difference is] far less than a p’rutah’s7 worth. For the Torah showed concern for even the slightest deviation with regard to measures and weights.8

2 Even one who weighs and measures for a gentile with a measure that is [merely] negligibly inaccurate violates [the above-mentioned] negative commandment and is obligated to return [the difference], just as it is forbidden to cause him to err when calculating his account,9 as it is written:10 “You shall reckon with his purchaser.” Such a person is included among those concerning whom it is written:11 “It is an abomination unto G‑d all who perform such acts, all who act corruptly.” [The word “all” implies] the inclusion of one who acts corruptly [even] when dealing with a gentile.

[Using a false weight or measure] is not comparable to taking unfair gain from [a gentile which is allowed]. For in that instance, [the gentile] sees what he is buying and errs on his own with regard to the value of the merchandise. [Taking advantage of a judgment] error [of this type made by a gentile] is permitted, as is [taking possession of] an object he loses.12 [When using a false weight,] by contrast, [the seller] is causing him to err and is actually stealing.13

3 Whoever keeps an inaccurate measure or weight in his home violates a negative commandment, as it is written:14 “You shall not have in your pouch two sets of weights,15 one large and one small,16 nor shall you have in your home two sets of measures,17 one large and one small.” It is even forbidden to use18 an inaccurate measure as a chamber pot,19 lest one who does not know that it is inaccurate come and use it for measurement. If it is local custom to use only measures marked with a known insignia20 and this [inaccurate measure] lacks that insignia, one may keep it in his possession.21

4 A person may make measures of a seah,22 half a seah which is three kabbin, a fourth of a seah, a kab, a half [of a kab], a fourth of a kab,23 a half of a fourth, and an eighth of a fourth.24 He should not make a measure of two kabbin, lest it become confused with a measure of a fourth of a seah which is a kab and a half.25 For it is possible for a person to err with regard to one fourth of any given measure. (For this reason, it is forbidden for a person to maintain possession of any container26 that is one fourth less than any measure.)27

With regard to liquid measures, one may make a hin,28 half a hin, a third of a hin, a fourth of a hin, a log, half a log, a fourth of a log, an eighth of a log, and an eighth of an eighth. The latter is referred to as a kortov. [Our Sages] did not forbid making measures of a third of a hin and a fourth of a hin, even though they could be confused with each other,29 because such measures existed in the Sanctuary from the time of Moshe our teacher [onward].

5 After [the seller poured out the quantity of liquid purchased and] it ceased flowing, he must leave the measure overturned above the purchaser’s container until three drops drip out.30

When does the above apply? With regard to a private person who [only] periodically sells [wine, oil, or the like]. A store-owner, by contrast, is constantly engaged in selling and does not have time to wait.31 [Hence,] our Sages did not require him [to wait until the measure] drips at all. If [a store-keeper] desires to be stringent with himself32 and not benefit from others even though they have waived [their rights],33 he should [make a donation] for [projects of] communal welfare,34 [giving] the proceeds of everything that remains in the barrel beyond the sum of the measures that he dispensed.35 [This is desirable,] because of the small amounts [of liquid] that remain on the sides of each measure [after pouring].

6 It is necessary to measure generously, [giving the purchaser slightly] more than the measure, as it is written:36 “You shall have a perfect and just measure.” What is meant by a “just measure?” That you should justify [the measure] from your own and give it [to the customer].

How much [must be added]? Our Sages made an assessment of 1/100th for liquid measures and 1/400th for dry measures. [A larger amount is given for liquid measures,] because the liquid clings to the sides of the measure and remains the seller’s. Hence, [our Sages] required that a greater amount be added for liquids than for dry measures.

7 One must measure according to local custom, without any deviation. In a place where it is customary to measure using a small measure, e.g., a log, one should not measure using a larger one,37 e.g., a quarter of a hin,38 for this will cause the purchaser a loss [since the seller would be giving him one additional amount39 and not three. On the surface, this is of no consequence,] since the additional amount is a percentage of [the size of] the measure.40 Nevertheless, it is impossible to be exact and it is necessary to measure each individual log generously so that each one will definitely have the required additional measure. [Using the small measure] will certainly provide a purchaser with a greater amount than when [the seller] measures for him in a larger measure and gives him one additional amount that is certainly of the required quantity.41 Conversely, in a place where it is customary to measure with a large measure, the person appointed to check [the accuracy of the weights and measures] by the town should not measure with a small measure because of the loss he causes the sellers.42

In a place where it is customary to give a heaping measure, one should not give a level one,43 even if the purchaser consents because [the seller] lowers the price. And in a place where it is customary to give a level measure, one should not give a heaping measure even if the seller consents, because [the purchaser] offers him a higher price.44 [The rationale is that] the Torah was concerned with the imprecision of measures lest a problem result from an observer noticing that [these individuals] measured in this fashion. He might think that this is the local custom and measure in this manner to another person who also is unaware of the local custom and thus deceive him.45

8 One should not make the leveling rod46 from a gourd, because it is very light. It will not enter the measure as much [as a rod of average weight], and thus will serve the seller unfavorably.47 Nor should it be made of metal, because it will then be [too] heavy and prove unfavorable for the purchaser. Instead, it should be made from wood from nut trees, wild fig trees, or boxwood trees, or the like, which are of average weight.

[The leveling rod] should not be narrow on one side and thick on the other, because the thick side will not enter the grain as much as the narrow side does. We fear that one will level off with the thick side when he purchases and use the narrow side when he sells.48 Instead, he should make both ends either thick or narrow, as per the [local] custom. He should not level [the measure off] a little bit at a time, for then he levels off too much and causes the purchaser a loss. Nor should he level with one fell swoop because that [does not level off enough and] causes a loss to the seller. Instead, he should level with one patient sweep [of the measure].

9 A wholesaler who purchases different types of foods and beverages and resells many products to a storekeeper at one time, must wipe his liquid measure clean once in 30 days,49 because wine and oil collect and coagulate within them, reducing the contents of the measure.

A storekeeper who sells in small amounts, but more frequently than a wholesaler must wipe his measures clean twice a week. [The rationale is that] more liquid will congeal there, since he does not have to let three drops drip [for the purchaser]50 because he sells more frequently. A private individual who sells his own products does not sell as frequently as a wholesaler. Thus the liquid does not stick to his measures and congeal there that much. [Hence,] it is sufficient for him to wipe them clean once in twelve months.

10 Weights should be made in denominations of a litra,51 half a litra, and a fourth of a litra.52 One should not make them a third of a litra, a fifth of a litra, or three fourths of a litra, because errors can be made in such instances.53

11 We should make weights only from flat stone or glass, but not from [different] types of metal.54 There are authorities who explain that the reason is because of corrosion [which would] reduce the weight of the metal over time. According to that view, it would be forbidden [to use metal] for all types of weights.

Others explain that this was forbidden only for a scale used to weigh meat or the like, i.e., materials that are moist and will adhere to the metal, dry upon it, and increase its weight.55 It is, however, permissible to use metal as weights for dry substances. Indeed, this is the [prevailing] custom. Nevertheless, minute weights used to weigh gold and silver that are made from metal must be wrapped in leather or the like, because even if they are only slightly worn away, it could lead to a great loss.56 In contrast, there was no concern over the minor degree of wear that [weights] used for other dry objects might undergo.

12 When a merchant weighs a moist entity, e.g., meat or something similar, he must wipe the scales clean every time he weighs [such materials] because moisture adheres to [the pans] and increases their weight.55 The weights that are used to weigh these moist entities become soiled because of the grime on [the merchant’s] hand or on the scale. [Hence] they must be wiped clean once a week.

A balanced scale.

13 Every type of scale must be balanced, each according to its function. What is implied? [Scales used by] sellers of scrap iron and other heavy objects [must be constructed as follows]:57 They consist of a [vertical,] hollow iron rod58 through which passes the [vertical] pointer59 which is connected to the [horizontal] beam. [The vertical rod] is suspended from the ceiling and must have a [minimum] length of three handbreadths, so that [the midpoint of] the beam will be suspended at least three handbreadths from the ceiling.60 The horizontal beam must be at least twelve handbreadths long. Otherwise, the scales will not tip for a small difference because of the great weight. The strings by which the pans of the scales are suspended from the beam must [also] be [at least] twelve handbreadths long, the pans must be [at least] three handbreadths above the floor.61

The [midpoint of the] scales used by sellers of wool and of glass62 must be suspended [at least] two handbreadths from the ceiling; the pans must be [at least] two handbreadths above the floor; and the length of the beam and of the strings must be nine handbreadths on each side.

The [midpoint of the] scales used by storekeepers and private householders who sell food and drink must be suspended [at least] one handbreadth; [the pans] must be [at least] one handbreadth above the floor; and the length of the beam and of the strings must be six handbreadths on each side.

The [midpoint of the] scales used by dealers in silver, gold, fine purple fabric and other delicate substances must be suspended [at least] three fingerbreadths, and [the pans] must be [at least] three fingerbreadths above the floor. [The Sages] did not specify a length for the beam and the strings, so they may be made [as long] as one desires.

14 In a place where it is customary to weigh objects by balancing them evenly and not to tip the balance at all, one must add one hundredth when dealing with liquids and one four hundredth when dealing with dry substances, as explained with regard to measures,63 as [implied by] the verse:64 “You shall have a perfect and just weight,” i.e., you should justify [the weighing] from your own and give it [to the customer].65

In a place where it is customary to tip the balance,66 one is obligated to tip the balance a handbreadth when weighing foods or liquids. When weighing other items that are valuable, by contrast, it is sufficient to tip the balance even slightly67 (provided [the purchaser will receive an extra] 1/400th). When weighing objects less than a litra, even [while weighing] food and beverages, it is not necessary to tip the balance a handbreadth.68

15 When one weighs out ten litros [of meat], it is not necessary to weigh out each litra individually, tipping [the balance every time]. Instead, it is sufficient to weigh them all together and tip the balance once.69

When one weighs out three fourths of a litra, it is not necessary to weigh out each fourth individually, tipping [the balance every time]. Instead, it is sufficient to place a litra weight on one side of the balance and a fourth of a litra weight together with the meat in the other pan.70 He should not put a half litra weight and a fourth litra weight in one pan, for if this was permitted, there is room for concern that he will deceive [the purchaser] and cause the fourth of a litra weight to drop from the pan without the purchaser seeing [what he has done].71

16 The retribution [given to those who violate the prohibition against dishonest] measures and weights is more severe than that [given to those who violate the prohibitions against] incest and adultery.72 For it is impossible for a person who measures or weighs dishonestly to repent in a complete manner, for he has stolen from many different individuals and he will not know to whom to return the money.73 Even though [a person who used dishonest measures and weights was adviced74 to use the money he improperly received] for projects of communal benefit, this does not represent proper repentance.75

The heads of the community76 are obligated to appoint agents to circulate among the stores.77 [They have the authority to] subject anyone who they discover possessing an imperfect measure or weight or a defective scale to corporal punishment or to fine him as they see fit.78

17 Similarly, [the heads of the community] are obligated to appoint agents to supervise price standards,79 to prevent every one from profiting to the extent that he desires. For it is forbidden for a person to profit more than a sixth from [the sale of] staples,80 e.g., wine, oil, and fine flour. ([The intent of the term “one sixth” is one sixth of the new total] which is one fifth of the original amount.)81 Anyone who raises the price and sells for more is considered as one who lends money at interest,82 for he transgresses the charge:83 “And your brother shall live with you.” [The court’s agents] have the authority to subject him to corporal punishment and penalize him as is appropriate.84

When does the above apply? When one sells his merchandise immediately, without expending effort. [Different principles apply with regard to] a storekeeper who sells his goods little by little. We evaluate his efforts and his costs. He is allowed to profit a sixth beyond that sum.85

When does the above apply? When the market price of the merchandise [he is selling] has not risen from the time he purchased [the merchandise]. If, however, the price rose, he may sell the merchandise according to its [present,] higher price, even though it rose to twice the [original] purchase price.86

All of the above applies with regard to food and drink itself. [Different rules apply] with regard to [condiments that are commonly used in] the preparation of food, e.g., cumin, pepper, and other spices. Similarly, eggs87 may be sold up to — but not at — double their purchase price.88

One may profit as much as one desires, even several times the original cost, from the sale of substances that are not at all commonly used in foods, e.g., costus and frankincense.89

Some authorities maintain that eggs are considered food staples. Nevertheless, since effort is involved in purchasing them — one must buy them in small amounts in the villages90 — it is permitted to profit more than a sixth from their [sale]. The person who purchases [the eggs] from the one who underwent the difficulty in purchasing them, by contrast, may not profit from their sale at all. Instead, he should sell them at cost. [The rationale is that] eggs are not so accessible for sale. Instead, there is one person who travels to the villages and purchases eggs from many individuals one by one and sells them. [Since the cost of his efforts have been added to the price,] if the one who purchases from him would be allowed to reap a profit, their price would inflate considerably. Deference should be given to this position.91

All of the above applies when the heads of the community supervise the prices charged, preventing all the merchants from profiting from any item more than the appropriate measure. If, however, they do not supervise the matter and everyone sells [at the price they choose], profiting however much they desire, those who fear the word of G‑d need not be the only ones to sell at lesser prices than the other sellers, be they Jews or non-Jews. (One should not, however, sell at a higher price than they do, except according to the guidelines that have been explained.)

18 In Eretz Yisrael — and similarly, in every location where the majority [of inhabitants] are Jewish92 — it is forbidden to purchase food staples from the marketplace and store them so that one will be able to sell them when the prices rise.93 [The rationale is that] this causes difficulty for the Jewish people and causes prices to rise. A person who does this is considered as one who lends money at interest, for he transgresses the charge:83 “And your brother shall live with you.” Scripture speaks of such people [in the following manner]:94 “They say, ‘When will the month pass so that we can sell grain and the Sabbatical [year pass] so that we can open the storehouses of grain.’” And [the narrative continues]:95 “G‑d has sworn by the glory of Jacob: ‘I will never forget their deeds.’”96 (Even for the sustenance of one’s own household, it is forbidden to purchase for more than one year.)97

When does the above apply? When one purchases [the commodities] on the free market. One may, however, store the produce that grows in one’s own field for several years, even if one’s intent is later to sell it at a higher price.98 Nevertheless, in a year of drought, one should not hoard more than one’s household needs for one year.99

19 One should not export produce that are staples from Eretz Yisrael to the Diaspora100 or to Syria, nor from the domain of one king in Eretz Yisrael to that of another.101

20 In Eretz Yisrael, it is forbidden to carry out commercial dealings with staples,102 e.g., to purchase from a private individual and then sell in the marketplace. Instead, each person should bring produce from his own granary and sell it, so that it will be sold at a low price.103

In a place where oil is plentiful, it is permitted to profit through [the sale] of oil, to buy from a private individual at a lower price and to sell in the marketplace at a higher price,104 provided he does not hoard it and sell it later, after prices have risen.

21 All of the above applies to food and beverages themselves, but condiments, e.g., cumin, peppers, and the like may be used for commercial dealings, stored for an extended time, and exported from Eretz Yisrael to the Diaspora like all other types of merchandise.105