ויקרא יד : וְכִי־תִמְכְרוּ מִמְכָּר לַעֲמִיתֶךָ אוֹ קָּנֹה מִיַד עֲמִיתֶךָ אַל־תּוֹנוּ אִישׁ אֶת־אָּחִיו
The Gemara (Bava Metziah 49b) explains this verse refers to a prohibition against the seller to (substantially) overcharge the purchaser for his merchandise (unbeknownst to the purchaser); and against the buyer to substantially under pay for the merchandise (unbeknownst to the seller). Substantial in this context means more or less than a sixth of the market (retail) price.
Berachos 13a: “To your friend” עֲמִיתֶךָ you are to return any onaah (over or under payment) but you are not to return such payment to an idol worshipper.
Torah Temimah: It is a clear understanding that when the Gemara refers to idol worshippers in the early historical period that they did not believe in the unity of the Divinity. Those people caused division and destruction of civilized life of their days. However, all the legal references by the Gemara to idol worshippers does not apply to the civilized non-Jews that are found in our countries today.
In regards to the law of this verse, that you are to treat your fellow that is like you in establishment and support of the proper legal systems between people and you should not attempt to cheat them. This excludes those uncivilized peoples that do not support proper legal systems that have existed in the past. This standard is expressed by many Rishonim including the Rambam (Perush to Mishnayos 17th chapter, Mishha 2 of Kailim).
Many recent Rabbis have spoken out on this subject most notably one special Gaon, Rabbi Moshe Rivkash, the author of the Be’er haGolah (Choshen Mishpat beginning of siman 348). Even greater are his words when one understands what occurred to this Gaon.
During the horrible massacres of the Gzeiras Tach V’Tat, the Beer HaGolah wrote the introduction to his classical commentary on Choshen Mishpat of Shulchan Aruch. He described how he left his home with his family and thousands of other Jews and walked to nowhere with nothing but the shirt on his back and a small pocket calendar. He writes of the atrocities of the goyim and their hatred toward Jews and how in his generation there was no peace between Jew and Gentile. Yet in Choshen Mishpat 348;5 he writes: “I write this for the generations, I have seen people become wealthy by taos akum, tricking a gentile. In the end they lost their money and left no bracha after them. I have also seen many people that have made a kiddush Hashem and have dealt honestly with goyim even at great expense. They have always succeeded financially and have been able to leave large amounts to their children.” (see biography on the other side)
G-d’s Acquisitions
(Abstract from Lekutei Sichos) The concept of serving G-d is expressed in the idea of “acquisition.” When an individual serves G-d, he transfers ownership of himself and all that he has to the Almighty, through his service of Him. When all his expressions—whether they be in thought, speech or action—are in accordance with G-d’s will, it is recognizable that he and all that belong to him are in reality, under G-d’s jurisdiction.
This is articulated in the following statement of the Mishna (Kiddushim 82a): “I was created to serve my Possessor.” When describing G-d, instead of the Mishna using the word “Creator,” or other term to describe the Almighty, it instead identifies G-d as “my Possessor.” The reason that this expression is used as opposed to any other, is because at the crux of all service of G-d, is the objective to reveal that G-d is the true owner over all that exists and that the entire world and all that is in it, is in truth, under G-d’s dominion.
Concerning the way in which an individual becomes acquired by G-d and becomes His possession, there are two different manners:
- The acquisition of the article: This is when the person’s essential identity becomes acquired by G-d, in which his body, soul and all its characteristics—its intellectual and emotional attributes, as well as its thought, speech and action—are “in the possession” of the Almighty and expressive of His dominion. This is the Tzadik.
- The acquisition of the produce: This is when the person himself does not become an article that is expressive of G-dliness, rather, only his “produce” is communicative of the Almighty. This means to say, that although the essence of the individual is not G-dly, the thought, speech and action that “grow” from his heart and mind are expressive of G-dliness. This is the service of a beinoni.
