There are people who donate sets of Seforim (Jewish books) to Shul libraries for public use. In many of these Shul libraries, the bookcases are filled to capacity with Seforim. Consequently, the Gabbaim (Shul assistants) will at times give away extra Seforim – even entire sets of Seforim. “Reuvain” took one of the give-away sets with the blessing of the Gabbaim. Let’s assume that this particular set had six volumes in it and now the publisher has just come out with a seventh volume. May Reuvain write a letter to the publisher that says as follows:
“Our Shul has received a donated set of your six volume Sefarim set. I noticed that your publishing firm has just released a seventh volume to the set. Would you be so kind as to forward that volume to our Shul as well?”
Reuvain’s reason for writing to the publisher is that he knows that when the Shul Gabbaim receive the seventh volume from the publisher, the Gabbaim will likely forward it to him to complete the set that they gave him originally. Is Revain permitted to write to the publisher in this manner?
ANSWER: This question was posed to Rav Chaim Kanievsky ZT”L by a friend of this author (the assistant mayor of Kiryat Sefer). Rav Chaim ruled that it is Genaivas Daas (the prohibition of deceiving another) and is completely forbidden. Subsequently, he published the ruling in volume seven of his work, “VaYishma Moshe” (p. 638).
Rav Chaim explained the Genaivas Daas as follows: The publisher has been deceived into thinking that the new, seventh volume is going to a Shul. Publishers donate Seforim to a Shul so the Shul attendees might see the Seforim and go out and buy a set for themselves. If the publisher knew that it was ultimately going to be forwarded by the Shul to a private person, the publisher would never have provided it as there would not be ample opportunity for others to see it and buy a copy for themselves.
