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February 13, 2012
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David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
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Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
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February 7, 2012
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! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
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
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
Oct. 29, 2007
/ 17 Mar-Cheshvan 5768
Smart and Rich
By
Rabbi Dr. Asher Meir
It's okay to profit from superior knowledge if it was fairly obtained
http://www.JewishWorldReview.com |
Q: Stock picking means finding and buying undervalued shares. Isn't this taking advantage of the buyers' ignorance?
A: While Jewish law does include many regulations ensuring fair prices, the overall approach is that commerce is not a "zero sum" game. In a good exchange both sides benefit, and the fact that the buyer wins doesn't mean the seller loses.
One fascinating expression of this approach is found in the laws of vows. The Mishnah states that if a person has vowed (perhaps in a fit of pique) not to obtain any benefit from another person, then he is forbidden both to sell to and also to buy from that person. (1) The assumption is that in a normal transaction, both sides benefit. (In the language of economists, there is both consumer surplus and producer surplus.)
In this case, the buyer finds the sale advantageous because based on the information he has obtained he thinks the stock is undervalued, and the seller finds it advantageous based on his own knowledge. This situation is unfair only if the buyer's information advantage is itself obtained unfairly. For example, if the buyer is a company insider who has special knowledge of the company's prospects, this information really belongs to the owners, or shareholders, and not to the insiders who have this knowledge only because of their work on behalf of the owners. It's obvious that company managers are not getting paid to obtain information that they then conceal from the owners themselves in order to obtain a bargaining advantage. That's why securities regulations make insider trading a severe transgression.
Another example of an unfair advantage is if the knowledge of the stock's value is widely known but this particular owner is unaware of it. The Torah tells us, "When you sell to your fellow or buy from the hand of your fellow, don't oppress each man his brother" (Leviticus 25:14). From this the Talmud learns that it is forbidden charge a price significantly different than the accepted market price. (2) So if the stock is "undervalued" because you are making a private sale for less than the exchange price, because the exchange price is unknown to the seller, then your information advantage would be considered unfair.
While your question relates specifically to buying an undervalued item, both considerations apply equally to selling an item for more than its value, as the verse states, "When you sell to your fellow or buy". So selling a stock based on inside information that it is about to decline in price or because the buyer is ignorant of the market price is also unethical.
But superior information obtained because of your special knowledge or study belongs to you, and you have the right to benefit from it. We find an example of this in a ruling cited in the Shulchan Aruch (authoritative Code of Jewish Law). A person knows of a special bargain and asks someone else to buy the merchandise on his behalf. If the agent reneges and buys for himself, this is considered unethical dealing. (3) We see that the intended buyer is ethically entitled to benefit from his special knowledge, vis a vis the agent and the seller alike.
SOURCES: (1) Mishnah, Nedarim 4:6 (2) Babylonian Talmud, Bava Metzia 47b. (3) Shulchan Aruchn, Choshen Mishpat 183:4 in Rema glosses
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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.
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