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An ethical bargain? Print E-mail
Written by Rabbi Dr. Jonathan Romain   
Monday, 06 August 2007

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Rabbi Dr. Jonathan Romain, Chairman of the Assembly of Rabbis and Rabbi of Maidenhead Synagogue is a respected writer and broadcaster, frequently asked to comment on news issues on radio and television. In this fortnightly feature he addresses your concerns, giving responses to modern issues and queries.

This week's question: : A colleague at work found out about a programming mistake in a leading supermarket's website that allowed one to purchase £60 worth of goods for £17. I was invited to join in his 'good luck' and immediately wanted to get in on the act myself, but after about three minutes it left me with an uncomfortable feeling. Was I right not to take advantage of their slip, which would have been perfectly legal, while I reckon that companies like them have been ripping the consumers off for years?

I think you already know that you were right not to take advantage of their mistake. Perhaps the real question is why that is the case and what led to instinct not to do so. I deliberately used the word 'instinct' rather than 'conscience" because there could have been
some less than noble reasons behind your thinking - that they would certainly realise their error at a later date and charge you the full amount and so you would end up paying in full for something you may not have wanted had it not been available at a bargain price. Alternatively you might have feared that they might even have tried to press charges for theft, as you would have been knowingly cheating them of their goods. Even if you reckoned the purchase was totally legitimate and that they could not have any legal redress, you may not have wanted to carry the sense of guilt around with you and felt that you were better off without a bargain but with your integrity intact.

To argue the case on more ethical grounds, the purchase may not technically have breached the command "You shall not steal" (Exodus 20. 13) but morally it would have done so. Certainly it would have broken the command "You shall not curse the deaf or put a stumbling block in
front of the blind" (Leviticus 19. 14) which has been interpreted by the rabbis as a general injunction against taking advantage of anyone who is vulnerable or not aware of the full circumstances. Moreover, the verse continues "but you shall fear your God" - implying that even if
your victim does not appreciate what is happening, God does. Thus one should always act as if God is present, looking over your shoulder or standing in the corner of the room. With that image in mind, we would refrain from a large percentage of the curses we utter or deceits we commit.

Of course, there is always the law about "You shall love your neighbour as yourself" (Leviticus 19. 19) and a person with whom you trade is as much a neighbour as the person next to whom you live, as we all interact with each other. I assume you would not want anyone to take advantage of a mistake you made in business, so that is the best guide to how you should behave to others. The fact that the supermarket is part of a corporate chain does not make it 'less human', as any losses it sustains will be paid for by staff redundancies or higher prices for shoppers.

As for the idea that the supermarket may have been making extortionate rates of profits from its customers, then that is a reason for not patronising it, or for publicly exposing faults such as over-pricing, false advertising or unfair competition, but not of deliberately cheating it yourself.

Rabbi Dr Jonathan Romain
Chairman, Assembly of Rabbis

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