By Rabbi Yair Hoffman for the Sefas Tamim Foundation QUESTION: Company X owns a competitive website to Company Y. Can company X purchase on GoDaddy (or any other domain platform) an alternative but very similar name to Company Y and redirect it to their own website? For example, if Company Y owned CompanyY.org can Company X buy CompanyY.com? ANSWER: The prohibition of Gneivas Da’as – deceptive behavior – strikes at the very heart of the Torah’s mandate for ethical conduct, and its implications are both profound and far-reaching. The great sage Shmuel’s declaration in Chullin 94a is unequivocal: this prohibition knows no boundaries between Jew and Gentile, establishing a universal ethical standard that speaks to the very essence of human interaction. When we examine the Torah commandment “Midvar Sheker Tirchak” (distance yourself from falsehood), we encounter a fascinating three-way debate among the Rishonim: Some limit it to judicial proceedings Others view it as strong guidance rather than outright prohibition The Chofetz Chaim, whose ruling we follow, sees it as a sweeping prohibition against ALL forms of deception. But here’s what’s absolutely crucial to understand: Gneivas Da’as stands apart as an undisputed prohibition! The debate between the Sefer Yereim and Ritvah (who consider it de’oraisha) and the SMaK (who deems it rabbinical) only serves to highlight its fundamental importance in Jewish law. Most striking of all is the Shaarei Teshuva’s position (3:181): even the normally permissible avenue of lying for peace (Mutar L’shanos Mipnei HaShalom) is completely closed when it comes to Gneivas Da’as. This represents an extraordinary elevation of the requirement of truthfulness and transparency in our dealings with others. The message is clear and powerful: Gneivas Daas – deception, in any form, undermines the very fabric of human relationships and corrupts the neshama itself. We must vigilantly guard against even the slightest breach of it. I checked with three prominent Poskim who all agreed that this is clear Gneivas Daas: Rav Forsheimer in Lakewood, Rav Hershel Ausch in Williamsburg and Rav Shmuel Fuerst from Chicago. The halacha based upon the Rishonim and Achronim (Tosfos, Yad Ramah, Chedvas Yaakov, Bais Efraim) is that it is definitely forbidden to lie in writing as well, and certainly for G’neivas Daas.. Indeed, because it involves an actual “action” many Poskim rule that it is even worse than lying merely with the mouth and certainly for Gneivas Daas too. To subscribe to a weekly parsha sheet on the topic of Integrity and Emes please send the word “subscribe” to yairhoffman2@gmail.com (YWN World Headquarters – NYC)
Recent comments