For Shavu'ot and Shabbat many of the members of the Israel Center and the Young Israel attended our annual retreat. I thank all those who participated in giving shiurim, in reading the Torah, in leading the services, and all of the friends who attended. One of the highlights each year is the Motza’ei Shabbat entertainment that includes a monologue by our good friend Yisroel Goldstein. In his monologue he included the following:
"Anyhow, I was innocently minding my own business, watching the women do the soap detergent dance (you know, "Ring around the Kallah), when I felt a hand in my pocket. I couldn't believe it. Someone was trying to lift my wallet. I turned around and sure enough, I saw a well-dressed gentleman trying to steal my wallet. "Hey" I yelled, "what do you think you are doing?" "Take it easy" he said. I am just following Rabbi Quint's advice. "What" I cried." Have you taken leave of your senses?" "Not at all" he replied. It was in Torah Tidbits a while back, Parshat Miketz. He wrote that "the best way to acquire personal property is by lifting."

These lessons are obviously intended for law abiding citizens!!! Previous lessons discuss the rules specifying that one may not deceive another person as to discrepancies in price or quality of an object. In the case of a discrepancy in price, the remedy, whether rescission or restitution of the discrepancy, depends upon the amount of the discrepancy. In the case of adulteration of the produce, the remedy depends upon the percentage of adulteration. Also discussed is the law that a person may not deceive another with words, even in noncommercial transactions. In this lesson, the deceit arises from dishonest weights, dishonest measures, and erroneous counting of the cash paid or cash change given. For example, the buyer giving the seller $12 instead of the correct price of $11.

This lesson discusses the prohibitions of both possessing and using dishonest weights and measures. As seen below, there are two Torah commandments transgressed in possessing dishonest weights and measures, one a positive commandment and one a negative commandment. There is another prohibition transgressed in using dishonest weights and measures. I have accordingly divided the topics between (1) possessing dishonest weights and measures; and (2) using dishonest weights and measures. The Beth Din has the obligation to see that the Torah commandments are carried out. Most communities now have special laws and departments dealing with proper weights and measures. Thus, many of the functions of the Beth Din in enforcing these laws is often done by the secular departments.

Electronic instruments are usually used in weighing, measuring, and testing scales and measurements. The halachah in Shulhan Aruch describes the types of weights and measures that the community should establish. Each community now- adays has its own standards, such as grams and meters in Europe, Asia, Africa, and parts of North and South America; and pounds and feet in the United States; the materials to be used in making measuring devices so that there should not be an expansion of the measuring device in certain seasons and a contraction in other seasons; how to measure liquid measures so that there is no foam or froth on the top to make the container look full when in reality it is not full; how not to institute new systems of weights and measures that vary by more than one-sixth from the existing system; how a merchant should take care of and clean his measuring devices so that they remain accurate; the community practice to be followed if the merchants give the customers a little more of a measure than the amount actually paid for, such as heaping up sugar sold by volume; how land should be measured in the wintertime and how in the summertime so that it is the same, taking into account which measuring materials may expand or contract in various seasons of the year.

There are two distinct commandments regarding possessing dishonest weights and measures: (1) There is a positive commandment to possess honest weights and measures; and (2) there is a negative commandment not to possess dishonest weights and measures.

The violation of possessing and using accurate weights and measures applies even if the community has inspectors and they have overlooked any dishonest scales and measuring devices, whether intention- ally or unintentionally. However, God knows who is honest and who is not honest.
Regarding the prohibition of using dishonest weights and measures, The pro- hibition applies if one short-weighs, short-measures, or short-counts any person, Jew or Gentile.

If the seller has made an error, whether deliberately or unintentionally, in weighing, measuring, or counting out the thing sold, the buyer may request Beth Din to have the seller make restitution of the amount of goods short-weighed, short- measured, or short-counted. For example, the buyer orders from the seller fifty pencils and receives only forty-eight; or he orders fifty pounds of apples and receives only forty-eight pounds; or he orders fifty feet of silk material and receives only forty-eight feet. In these cases, the seller must make good the shortage by delivering to the buyer, in these examples, two pencils, two pounds of apples, or two feet of silk. The laws apply whether the error is large or small.

The sale remains in effect and may not be rescinded by the buyer. Similarly, if the buyer pays by counting out money, and he erroneously counts out more than the price, the seller must return such surplus to the buyer.
All that has been said about the seller returning such surplus to the buyer also applies in the event that the buyer has received an over-counting, over-measuring, or overweighing or has undercounted the payment in cash or received an over- counting in change.

There is no time limit to such return of the under- or over-counting, under-or over- weighing, or under- or over- measuring, whether the wronged party is the buyer or the seller.

Regarding over- or under- counting, the same laws apply to moneys loaned, repayment of loans, or any other cash transaction.

In the event the party who has been overpaid discovers the overpayment, he must return it, even if the wronged party does not make demand or does not realize that he has overpaid.

The Beth Din in each community has the obligation and responsibility to appoint officers to visit commercial establishments, stores, factories, and every place where sales take place to inspect the weights and measurements used by the sellers. If any establishment is found to possess and/or use short weights, short measures, or inaccurate scales, the officers shall bring such persons before the Beth Din. Beth Din may impose fines and/ or flog the guilty person. Most of these functions are now carried out by the secular authorities in each community, which establish rules and regulations for weights and measures and send out inspectors to see that the laws and rules are complied with; violators are usually subject to fines and other penalties.

Just as personal property that is sold by weights and measure must be accurate, so must the sale of real estate be by accurate measure. The halachah recommends using reliable surveyors, who must use the most reliable measuring devices. This applies both to sales and to heirs or partners dividing land. The beth din officers must also see that the price structures are not violated in those instances that prices are regulated.

The subject matter of this lesson is more fully presented in Volume VII Chapters 231 of"A Restatement of Rabbinic Civil Law" by E. Quint, published by Jason Aronson, Inc. and on sale at local Judaica bookstores. • Questions to quint@inter.net.il

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