QUESTION: I am a lice-checker, and I had just finished doing a lice-checking in a school. My next stop was to the Sheitel Macher (wig seller) to pick out a Sheitel. I spotted a new Sheitel that was gorgeous and sparkly. Realizing that a Sheitel is not usually sparkly, I took a closer look. Wouldn’t you know, the “sparkle,” was in reality, white lice nits (eggs) – the Sheitel was infested! Even worse, the Sheitel was already marked “Sold.” Do I need to inform the Shaitel Macher about what I saw and insist that she tells the customer who was about to pick it up?
ANSWER: You are obligated to inform the Sheitel Macher about what you saw and tell her to inform her customer accordingly. If you do not take action, there are a number of prohibitions that you would be committing if you remain silent.
1. There is the Mitzvah of, “Love your brother, like you love yourself.” This prohibition would apply because if you were the customer, you would want the Shaitel Macher to inform you. Accordingly, you should want the same for your friend and should therefore insist that the Shaitel Macher tells her customer.
2. There is a Mitzvah found in the verse in Parshas Ki Taytzai (Devarim 22:2) which discusses the Mitzvah of “HaShavas Aveida” - returning a lost object, with the words “VaHashaivoso Lo” – and you shall return it to him. The Gemorah in Sanhedrin (73A), includes within its understanding of these words, the obligation of returning “his own life to him as well (or saving him from danger or damage).” Accordingly, it you do not do your part to prevent the customer from damage (in this case, from buying an infested Sheitel), you would be transgressing this prohibition.
3. There is a Mitzvah of, “Lo Suchal LeHisalaym” – a negative commandment associated with the positive commandment of Hashavas Aveida referenced above, and that is “You cannot shut your eyes to it (his danger or damage).” Accordingly, if you fail to say something, you have “shut your eyes,” to the customer’s damages and transgressed this prohibition.
4. And finally, “Lo Saamod Al Dam Rayacha” – Do not stand idly by your brother’s blood. Applied here, you are not allowed to stand idly by while the customer walks out with an infested Sheitel.
If after the Sheitel Macher tells the customer, and the customer wishes to negate the sale, she may do so because of the Halachic concept of “Mekach Ta’us” – an erroneous sale.
A related question, would the Sheitel Macher be allowed to delouse the Sheitel without telling the customer about the lice? The answer to that question is “No,” as delousing shampoo when applied to dead wig hair, may lessen the life-span of the Sheitel and reduce its value. If the customer was not informed, this would be tantamount to selling a used Sheitel as if it was new, which of course is not permitted.
