QUESTION: Company X owns and operates a website and is a competitor of Company Y. Can Company X purchase and operate an alternative website with a very similar name to Company Y, and then redirect those who click on the similar website name to their own website? For example, if Company Y purchased and operated “CompanyY.org”, can Company X buy and operate “CompanyY.com” and have those that click on this website thinking it is Company Y’s website, redirected to Company X’s website instead?
ANSWER: The prohibition of Geneivas Da'as - deceptive behavior - strikes at the very heart of the Torah’s mandate for ethical conduct, and its implications are both profound and far-reaching. The great sage Shmuel declares in Gemorah Chullin 94a unequivocally, that this prohibition knows no boundaries between Jew and Gentile. This prohibition establishes a universal ethical standard that speaks to the very essence of human interaction.
Let’s contrast the prohibition of deception with the telling of a falsehood. When we examine the Torah commandment, "Midvar Sheker Tirchak" (distance yourself from falsehood), we encounter a fascinating three-way debate among the Rishonim (Halachic authorities that lived between the 11th and 15th centuries):
- Some Rishonim limit the prohibition of telling a falsehood to apply only in the context of judicial proceedings (e.g. giving false testimony).
- Others view the Torah’s charge of not telling a lie as good advice, rather than an outright prohibition.
- The Chofetz Chaim, whose ruling we follow, sees the Torah’s charge of not to lie, as a sweeping prohibition in all cases (and not just in the context of judicial proceedings).
However, unlike the differing opinions regarding the Torah’s charge not to tell a lie, in regards to the prohibition of Geneivas Da’as, there is no dispute – all agree that it is prohibited!
Most striking of all, is that the Shaarei Teshuva says that even the normally permissible exception of lying to keep the peace (Mutar L'Shanos Mipnei HaShalom) is not permitted when it comes to Geneivas Da'as.
The message is clear and powerful: Gneivas Da’as, is something that we must vigorously guard against in any form.
Just to be certain, I posed your website question to three prominent Poskim (Halachic authorities) who all agreed that this is clear Gneivas Da’as and therefore not permitted: Rav Forsheimer Shlita in Lakewood, Rav Hershel Ausch Shlita in Williamsburg and Rav Shmuel Fuerst Shlita from Chicago.
