QUESTION: Parking lots in Manhattan are very overpriced. For example, they charge ten dollars more for a minivan to be parked than a conventional car. I know that there is no rationale for this other than to make more money for the lot owners. When I park my minivan, may I tell “Dave” my passenger to say to me: "You should not have to pay more just because you are parking a minivan." And then tell the parking attendant, "Dave said that I should not have to pay more just because I am parking a minivan.” A few minutes later, I will let the attendant in on the joke and tell him that in reality, Dave is not a person of authority, but just an ordinary passenger of mine. Appreciating the humor in my little joke, the parking attendant may forgo the extra fee.
Am I permitted to deceive the parking attendant temporarily into thinking that Dave is an authoritative person who should be listened to, or would this be Genaivas Daas (deception) and be prohibited?
ANSWER:It seems that this is not a violation of Genaivas Daas since the deception was temporary and you let the parking attendant in on your joke before the transaction was completed (i.e. before the parking fee was assessed and paid). Similarly, the responsum Levush Mordechai #24 permits a job applicant to have a gentile dye his hair to make him look younger and make a positive first impression, if the applicant tells the employer his true age when he later fills out the job application. This supports the idea that temporary Genaivas Daas such as making oneself look younger and then telling one’s true age later would be permitted (assuming it is before the transaction is completed – in this case, before one is hired).
One further important note. To be permitted, in addition to the above, according to most Halachic authorities, one’s objective may not be accomplished through the actual deception even if that deception was temporary and even if the deception was revealed prior to the consummation of the transaction. In your case above, the parking attendant waived the extra fee not because of the deception, but because of the appreciation of the humor involved. Accordingly, because the deception was temporary and revealed prior to payment and because the ruse worked not because of the deception, but because of an appreciation of the humor involved, you are permitted to engage in your ruse as you have described.
