February 13, 2012 Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away Danielle Kurtzleben: The Peace Process is over. Finally Susan Johnston: The Myth of Economic Inequality Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market The Kosher Gourmet by Diane Rossen Worthington: Farro Salad: An ancient grain is now new again as the base of a tasty tangle of flavorsome vegetables, chickpeas and salami February 10, 2012 Rabbi Nathan Lopes Cardozo: The biblical case against small-mindedness involved diminishing His precious prophet Caroline B. Glick: The Peace Process is over. Finally Lisa M. Krieger: Man with defibrillator demands access to his own heart's information David G. 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May: CAIR's Crusade against The Third Jihad Melissa Healy: Study finds jolt to the brain boosts memory Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation Emily Brandon: 10 Necessities for a Great Retirement Spot The Kosher Gourmet by Diane Rossen Worthington: Winter Squash and Red Swiss Chard Risotto is Colorful Cozy Cold Weather Fare (includes detailed dos and don'ts) February 8, 2012 Rivy Poupko Kletenik: Tree hostility: The auspicious history of the evolution of Tu B'Shevat Steven Emerson: Planting Trees is Racist?! Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups Anne Applebaum: Russia's Potemkin democracy Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs Emily Brandon: 10 Necessities for a Great Retirement Spot The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets) February 7, 2012 Kathleen Hennessey and Christi Parsons: Obama not worried that birth-control move will hurt his re-election chances with Catholics, other faithful Caroline B. Glick: Obama's rhetorical storm Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one Suzanne Bohan: Leaping lizards! 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Glick: Fool me twice Jonathan Tobin : Adelsonphobia Strikes in Nevada Caucus Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US Kimberly Palmer : 8 Ways to Get Ready for Retirement Now Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling The Kosher Gourmet by Faith Durand: A quick cookie recipe: Hazelnut and Olive Oil Shortbread: Sweet, Nutty, and Savory February 2, 2012 Rabbi Yaakov Rosenblatt : Welcome Home, Governor Perry Jim Carney: Wrong number call may have saved her life Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran Kelsey Sheehy : 5 Tips for Choosing an M.B.A. Concentration Rachel Koning Beals : Investors Increasingly Tap Social Media for Stock Tips Tina Susman: For woodchuck rescuer, every day is Groundhog Day The Kosher Gourmet by Leela Cyd Ross : Savory vegetable pie is a taste of European bistro with minimal effort and maximal flavor February 1, 2012 Nara Schoenberg: What to do when you've been dissed Michelle Malkin: First, They Came for the Catholics Brian Bennett: US officials see increasing threat of domestic attack from Iran Lisa M. 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Jewish World Review June 8, 2009 / 16 Sivan 5769 Merchant must take responsibility for careless shopper? By Rabbi Dr. Asher Meir http://www.JewishWorldReview.com | Q. My store sells fresh produce in transparent boxes. In order to make the fruit more attractive I always put the nicest ones on top; the less attractive ones are on the bottom where everyone can see them but they have to look. A. Your situation touches on a number of guidelines presented in the Mishna and Talmud for ethical selling practices. These are discussed in the Mishna at the end of the fourth chapter of tractate Bava Metzia. One may not mix produce with produce…In a place where it is customary to mix water into wine it is permissible…A reseller may take from five barns and put them in one container, from five vineyards and put in one container, as long as he does not intend to mix. When a seller represents produce as coming from his own field, he may not mix it with produce from another field of lower quality. Everyone understands that a reseller purchases produce from a variety of growers, but he still may not "game the system" by purposely buying only low-quality produce. So the very fact that you mix high- and low-quality produce in the same container is not a problem. Everyone understands that you have a variety of produce, and when produce is packaged it is common to mix qualities so that each customer gets his fair share of the better and worse produce. The Mishna continues: He may not sort the beans, according to Abba Shaul; but the Sages permit it. And they agree that he may not sort them [only] on top of the bin, for it is only to steal the eye. And it is forbidden to decorate people, animals or utensils. The sage Abba Shaul was against "convenience packaging", which in his opinion raised prices. But the Sages saw nothing wrong with this; if the customer is willing to pay more for convenience packaging then it is permissible. However, if only the beans on top of the display are cleaned from debris, then the customer will likely assume that all of the produce is clean, and be misled into paying a higher price for the inferior produce. The Talmud explains further that decorating utensils is forbidden only if it is used to make old utensils appear new. But decorating any utensil to make it more attractive is permissible. Your question is intermediate between the cases in the Mishna. On the one hand, you are putting the best produce on top; this is similar to putting the cleaned beans on top of the bin to "steal the eye". On the other hand, since the box is transparent any person can see the "bottom of the barrel produce" underneath; perhaps this is like decorating the produce, making it more attractive rather than trying to mislead the customer. The answer to your question ultimately depends not on you but on your customers. If almost all your customers are sophisticated shoppers who are well aware that they have to peek on the bottom of the box, and the way you package makes it easy for them to do so, then you are just making your produce attractive. This would be especially true if all merchants adopt this practice, as the previous Mishna mentions that mixing is permissible where it is customary. But if there is a significant minority who are misled into thinking that they are obtaining a uniform container of produce like what they see on top, then this is a case of "stealing the eye," as the Mishna explains. I have often suspected that this is a deceptive practice, meant to deceive the careless shopper. But perhaps I am just an unusually careless shopper. The way to find out is to take a little survey of your customers and see how many peek at the produce on the bottom of the box. If you see one who doesn't, remind him to look so he can be sure he is satisfied with what he is getting. Based on your survey, you can decide for yourself if your practice involves misrepresenting your produce or merely making it more attractive. ARCHIVES Every weekday JewishWorldReview.com publishes inspiring articles. Sign up for our daily update. It's free. Just click here. JWR contributor Rabbi Dr. Asher Meir, formerly of the Council of Economic Advisers in the Reagan administration, is Research Director of the Business Ethics Center of Jerusalem, Jerusalem College of Technology. To comment or pose a question, please click here. THE JEWISH ETHICIST, NOW IN BOOK FORM You've enjoyed his columns on JWR for years. Now the Jewish Ethicist has culled his most intriguing — and controversial — offerings in book form. HARDCOVER PAPERBACK Sales help fund JWR. © 2009, The Jewish Ethicist is produced by the JCT Center for Business Ethics