QUESTION: There is a local second-hand shop where the owner and his employee kind of make up prices in, what seems to me, a manner that is based upon their perception of the buyer’s interest. I get the idea that the more they sense I am interested in something, the more they hike the price. Accordingly, may I do the following?
I really need the upright freezer that they are selling, however, if they sense that I really need it, they will hike the price. Therefore, I want to say that I really need a chest freezer which I know they do not sell and hope that they will say, “Oh, we are sorry that we do not have the chest freezer that you want, but we can give you a good deal on this upright freezer that we do carry?”
ANSWER: This is a common negotiating tactic practiced by many. There is a fascinating Midrash Tehillim (Mizmor 12) which may be relevant to the permissibility of this tactic.
“There was an incident with Rabbi Yonasan when, in his time, the price of lentils went up. He had a relative in a certain city and he went to visit him. He told his relative, ‘I am seeking lentils.’ The relative responded, ‘They are available for sale in the city.... for “X” amount and whenever you want, I will get them for you.’
After a few days, Rabbi Yonasan went to the city to the home of his relative and inquired about him [as he was ready to have his relative purchase the lentils for him]. The relative’s wife responded that he was in the fields. He waited for him, but he did not return [from the fields]. [Unwillingly to wait for his relative’s return] he asked one of the residents of the city, ‘Are there lentils available?’ The city resident said, ‘No, but would you like wheat kernels?’ He (Rabbi Yonasan) said, ‘No, it is lentils that I desire.’
[Sensing his desire for lentils]... they raised the price excessively, far beyond the price that his relative had quoted him originally. He purchased the lentils, nonetheless.
His relative then returned from the fields. Rabbi Yonasan said to him, ‘You told me that the price of lentils was X and yet they charged me much more than what you quoted!’ The relative responded, ‘Did you perhaps ask for lentils first? Had you said (first) it is wheat that you desired, they would have offered you lentils, but now that you said that you desired lentils first, they said do you desire wheat (and thus they overcharged you when you said, ‘No’ to the wheat and they saw that you really wanted lentils). It is thus said (Tehillim 12:3), ‘One speaks to another with falseness, smooth talk; they speak with a double heart.’
[In a later incident] Rabbi Chiya of Tziporei wished to purchase wheat from Syria. Rabbi Yonason said to him, ‘When you go to purchase it, say, ‘It is barley I wish to buy. And when you wish to buy barley, say that it is wheat that you wish to buy, in order that they not sell it to you above the market rate.’”
It would seem from this Midrash, that you would be able to pretend that you want a chest freezer, even if you really desire an upright freezer.
However, in the cases cited within the Midrash above, we are dealing with wheat, barley and lentils which are examples of commodities that have an active, formal market associated with them and therefore a reliable market price. Therefore, when there was concern that the seller of such commodities would act unethically and overcharge the buyer, the buyer would be permitted to protect himself and pretend that he was interested in an item that he really wasn’t.
However, in your case, you are buying a second-hand freezer, which there may not be a formal market for. Therefore, when the seller hikes the price after sensing your desire, he may not really be overcharging you as there may not be a formal market for the freezer to benchmark it against. Accordingly, since he is not really overcharging you, you may not have permission to be anything less than honest about the upright freezer that you really need.
Please consult your Rav on how to proceed.
