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Jewish World Review Oct. 30, 2006 / 8 Mar-Cheshvan, 5767 The whole truth By Rabbi Dr. Asher Meir Even in the marketplace? http://www.JewishWorldReview.com | Q: The policy at our store is to tell the truth and nothing but the truth, but not necessarily the whole truth. We tell customers when an article isn't suitable for their needs, and avoid encouraging them to spend beyond their means. But we never tell them that they could get something more suitable, or less expensive, at a competitor. Can I follow this policy? A: In order to answer your question, we have to clarify a key distinction in Jewish business ethics: the difference between a seller and an adviser. When you are a seller, everyone understands that your interest is to show the customer the ways in which your product can benefit him. That doesn't mean that anything goes; Jewish law categorically rejects the idea of caveat emptor, or "buyer beware." The seller is obligated to inform the shopper of any defects in the merchandise, and his answers to shopper questions must be truthful. It is forbidden to mislead even in a passive way — for example, to take advantage of a customer's error in understanding what a product can do for him even if you didn't create the false impression yourself. (1) However, there is no presumption that the seller is any way impartial or unbiased. The seller's job is to be an advocate for his product. Just like the other kind of advocate, a lawyer, he has to be honest but not impartial. It is the judge, in this case the customer, who is charged with making a wise and impartial assessment of the evidence. This compares starkly with an adviser. When your job is to give advice, it is completely forbidden to show partiality to one side. The Torah commands, "Don't place an obstacle before the blind" (Leviticus 19:14). Rashi's commentary explains: don't give inappropriate advice to a blind — that is, unknowing — inquirer. "Don't tell him, 'Sell your field and buy a donkey,' when you are scheming to purchase it from him." Rashi gives a specific example of bad advice, namely a conflict of interest. But any time advice is not truly impartial he violates this prohibition. It follows that the policy you describe is a perfectly ethical one. But one pitfall must be avoided: salespeople must never give the impression that they are indeed acting as impartial advisers, rather than as interested advocates. Some salespeople adopt subtle ways of trying to convince the customer they are interested only in the customer's best interest. Using words like "I recommend" or "trust me" are danger signs. A salesperson is allowed to make pertinent and verifiable comparisons between his service and a competing one (more horsepower, longer warranty, etc.), but vague declarations of the superiority of your product or of the inferiority of the competitor, belong in the realm of judgment and are appropriate only for an adviser. Being friendly is certainly in order, but crass attempts at ingratiating yourself with the customer, emphasizing that you went to the same college, belonged to the same fraternity, attend the same house of worship, etc. are often meant to hint that you are "on the customer's side." This would obligate you to act in an impartial way — a virtual impossibility for a salesperson. Of course the worst infractions come when the "adviser" masquerade is not even so subtle. A few years ago there was a scandalous situation where some banks in Israel had a person whose official title was "investment adviser," but in fact the job was to try and promote the bank's own products. (This practice has now been outlawed and abandoned.) So as long as your store has some product which meets the customer's needs, your salespeople are justified in explaining how your merchandise can help the customer. You have no obligation to point out that you are not offering the best deal. You just must be careful not to give the impression that you are being impartial and advising, for example by telling the customer that you are giving him "the best deal." If your store is unable to provide anything to help a customer, it is my opinion that it is both good ethics and good business to steer him to another store, even a competing one, which can help him. SOURCES: (1) Shulchan Aruch, Choshen Mishpat 228 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. Previously: Judaism and the afterlife: Reincarnation, heaven and hell The Jewish belief in resurrection of the dead affects how will live in the here and now Ethical guidelines on what to say and what's proper to keep to yourself Is it wrong to get credit for something you didn't do? Ethics and sportsmanship The ethics of forwarding email Must a supplier honor a discount offered by a rogue sales representative? Should I boycott my daughter's fashion show? Should you respond to all those annoying email pop-up requests? Do I have to reimburse someone who tried to do me a favor? Seeking credit card debt settlement Can I threaten to spread the word about someone who cheated me? How can the terminally ill tap into their life insurance? Is there value in an unhappy marriage? Where does the Almighty fit into your corporation's mission statement? Does an expert witness have to be impartial? Should I give recognition to a modest man who did a great deed? In representing my firm, can I tell a white lie? Defrauding insurance to save a life Can top level management unilaterally give away money to corporate dollars to charity? Loans to Family Members How much worker supervision is too much? Should I turn in a colleague for inappropriate acts? Priority in charitable giving Trolls and ogres How many hours of work is too many? Can I promote my product by having it unobtrusively written into a story? He's not heavy he's my brother All's fair in war?, II All's fair in war? Girth vs. worth Is it proper to tax bequests? Ethics of Being Overweight Penalized for working swiftly When is it a bluff? 'Rate and switch' My paycheck is late! Should schools cater to an elite? All's fair in love? Comfort and Competition Do I need the caller's permission to put a call on the speakerphone? Overtime for lost time Is it unethical to play suppliers against each other to get the lowest bid possible? Do family members have precedence in charity allotments? What the world of business can teach us about our annual process of repentance and renewal Are religious leaders subject to criticism? Vindictive Vendor: How can I punish an abusive competitor? Blogging Ethics: Is the blogger responsible for defamatory posts? © 2005, The Jewish Ethicist is produced by the JCT Center for Business Ethics