Geneivat da'at
Encyclopedia
Geneivat da'at or g'neivat daat or genebath da'ath is a concept in Jewish law and ethics
that refers to a kind of dishonest misrepresentation
or deception
. It is applied in a wide spectrum of interpersonal situations, especially in business transactions.
The origin of the term is attributed to the Talmudic sage Samuel of Nehardea
in Talmud Chullin (94a): "It is forbidden to mislead people, even a non-Jew." Indeed, one Midrash
states that geneivat da'at is the worst type of theft
. Geneivat da'at is the worst because it directly harms the person, not merely their money. In rabbinic exegesis
, the law is associated with Gen. 31:26 and II Samuel 15:6.
False impressions are permissible in certain circumstances, for example, in order to honor someone. For instance, one generally should not invite a guest to take from an anointing oil, while knowing that the oil container is empty. Yet, one may offer the empty oil container so as to honor the guest and publicly display one's regard for the guest. By the same token, one may offer fine oil in order to honor a guest, even if the guest is likely to refuse the oil anyway.
Geneivat da'at is transgressed with a statement that is technically accurate but intended to leave a false impression. While such deception often involves commercial transactions, according to rabbinic law, deception is prohibited even if there is no monetary loss at stake. Thus, the rule applies both to business sales as well as gift-giving.
A simple example of geneivat da'at would be to invite someone to dinner, merely to appear hospitable, knowing full well that the recipient would decline due to a prior commitment (a case discussed in the Talmud, Chullin 94a).
The concept is incorporated in three provisions of Meir Tamari
's proposed "Halakhic Corporate Code of Ethics" -- insider trading
(even where permitted by secular law), product information and advertising, and fraudulent financial accounting reports.
In Jewish business ethics
, the prohibition against leaving a false impression is commonly applied to advertising and sales techniques. Geneivat da'at enables ethicists to analyze improper selling technique
s, such as employing a pretext to enter a home in order to make a door-to-door
sales pitch. Claims to sell at a discount may run foul of geneivat da'at, when the catalog is deceptive. Specifically, if there is no suggested retail price
, the catalog should not claim to offer a discount based on the seller's own estimated "standard" price. Likewise, discounts based on misleading pretexts, such as a closing down sale when the store does not close, also transgresses geneivat da'at. Furthermore, the principle has been used to caution against overdone packaging, which leaves the impression of a larger product. Similarly, advertising a luxury item as if it were a necessity, and any claims or even wrapping paper
that leaves a false impression could cross the line set by geneivat da'at rules.
Through this principle, Jewish law has been applied to evaluate secular regulations of advertising. For instance, Levine argues that it is impermissible to advertise a promise not to be undersold, without comparable details of its policy to match prices. He notes approvingly that the Federal Trade Commission
took action against an analogous deceptive advertising in a case against Thompson Medical Company, regarding misleading ads for a product that did not contain any aspirin.
Insider treatment and misleading shareholder information would also be governed by this principle.
In addition, geneivat da'at has been applied to other forms of misrepresentation in contemporary life. For instance, Reform rabbis
have argued that the transfer of assets to children, so as to feign poverty and shield assets from a nursing home, is prohibited by this principle.
Cheating can also be forbidden under the geneivat da'at principle. For instance, Rabbi Moshe Feinstein
wrote, drawing partly on this principle, that yeshiva
s must not allow students to cheat on the annual Regents examinations
and their school should not misrepresent grades. Nor should the yeshiva cheat on government subsidies by misrepresentions, such as inflating the number of its students.
Proper citations are also at stake. An author or speaker who fails to attribute secondary source
s may also violate geneivat da'at. Granted, if the audience does not expect explicit attributions, while it realizes that the speaker relies on secondary sources, then there would be no false impression. Nonetheless, the speaker should not rely on their own intuition about audience expectations, but rather consider only "a small, yet significant statistical probability" (mi'ut ha-matzui). How small? According to Levine, the audience expectation is quantified under halakhah. On the one hand, a speaker would not be required to cite sources merely to disabuse someone's rare, naive expectation that sources are cited. On the other hand, if 10 or 15 percent of the audience do indeed expect attribution, then a failure to identify one's secondary sources would be a violation of geneivat da-at.
Jewish ethics
Jewish ethics stands at the intersection of Judaism and the Western philosophical tradition of ethics. Like other types of religious ethics, the diverse literature of Jewish ethics primarily aims to answer a broad range of moral questions and, hence, may be classified as a normative ethics...
that refers to a kind of dishonest misrepresentation
Misrepresentation
Misrepresentation is a contract law concept. It means a false statement of fact made by one party to another party, which has the effect of inducing that party into the contract. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality...
or deception
Deception
Deception, beguilement, deceit, bluff, mystification, bad faith, and subterfuge are acts to propagate beliefs that are not true, or not the whole truth . Deception can involve dissimulation, propaganda, and sleight of hand. It can employ distraction, camouflage or concealment...
. It is applied in a wide spectrum of interpersonal situations, especially in business transactions.
The origin of the term is attributed to the Talmudic sage Samuel of Nehardea
Samuel of Nehardea
Samuel of Nehardea or Samuel bar Abba was a Jewish Talmudist who lived in Babylonia, known as an Amora of the first generation; son of Abba bar Abba and head of the Yeshiva at Nehardea. He was a teacher of halakha, judge, physician, and astronomer. He was born about 165 at Nehardea, in Babylonia...
in Talmud Chullin (94a): "It is forbidden to mislead people, even a non-Jew." Indeed, one Midrash
Midrash
The Hebrew term Midrash is a homiletic method of biblical exegesis. The term also refers to the whole compilation of homiletic teachings on the Bible....
states that geneivat da'at is the worst type of theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
. Geneivat da'at is the worst because it directly harms the person, not merely their money. In rabbinic exegesis
Midrash
The Hebrew term Midrash is a homiletic method of biblical exegesis. The term also refers to the whole compilation of homiletic teachings on the Bible....
, the law is associated with Gen. 31:26 and II Samuel 15:6.
False impressions are permissible in certain circumstances, for example, in order to honor someone. For instance, one generally should not invite a guest to take from an anointing oil, while knowing that the oil container is empty. Yet, one may offer the empty oil container so as to honor the guest and publicly display one's regard for the guest. By the same token, one may offer fine oil in order to honor a guest, even if the guest is likely to refuse the oil anyway.
Geneivat da'at is transgressed with a statement that is technically accurate but intended to leave a false impression. While such deception often involves commercial transactions, according to rabbinic law, deception is prohibited even if there is no monetary loss at stake. Thus, the rule applies both to business sales as well as gift-giving.
A simple example of geneivat da'at would be to invite someone to dinner, merely to appear hospitable, knowing full well that the recipient would decline due to a prior commitment (a case discussed in the Talmud, Chullin 94a).
The concept is incorporated in three provisions of Meir Tamari
Meir Tamari
Dr. Meir Tamari is an economist and author. He is a seminal figure in the field of Jewish business ethics and was among the first individuals to give university courses, write scholarly works, and establish study centers in this field.-Biography:...
's proposed "Halakhic Corporate Code of Ethics" -- insider trading
Insider trading
Insider trading is the trading of a corporation's stock or other securities by individuals with potential access to non-public information about the company...
(even where permitted by secular law), product information and advertising, and fraudulent financial accounting reports.
Contemporary applications
Writers on Jewish ethics have applied geneivat da'at to a variety of contemporary ethical dilemmas.In Jewish business ethics
Jewish business ethics
Jewish Business Ethics is a form of applied Jewish ethics that examines ethical issues that arise in a business environment.-Textual sources for Jewish business ethics:...
, the prohibition against leaving a false impression is commonly applied to advertising and sales techniques. Geneivat da'at enables ethicists to analyze improper selling technique
Selling technique
Selling technique is the body of methods used in the profession of sales, also often called personal selling.Techniques in use in selling interviews vary from the highly customer centric consultative selling to the heavily pressured "hard close"....
s, such as employing a pretext to enter a home in order to make a door-to-door
Door-to-door
Door-to-door is a sales technique in which a salesperson walks from the door of one house to the door of another trying to sell a product or service to the general public. A variant of this involves cold calling first, when another sales representative attempts to gain agreement that a salesperson...
sales pitch. Claims to sell at a discount may run foul of geneivat da'at, when the catalog is deceptive. Specifically, if there is no suggested retail price
Suggested retail price
The manufacturer's suggested retail price , list price or recommended retail price of a product is the price which the manufacturer recommends that the retailer sell the product. The intention was to help to standardise prices among locations...
, the catalog should not claim to offer a discount based on the seller's own estimated "standard" price. Likewise, discounts based on misleading pretexts, such as a closing down sale when the store does not close, also transgresses geneivat da'at. Furthermore, the principle has been used to caution against overdone packaging, which leaves the impression of a larger product. Similarly, advertising a luxury item as if it were a necessity, and any claims or even wrapping paper
Wrapping Paper
"Wrapping Paper" is a song with music composed by Jack Bruce and lyrics by Pete Brown, performed by Cream and originally released as a single in 1966 with "Cat's Squirrel" as the B side. It is featured on The Very Best of Cream...
that leaves a false impression could cross the line set by geneivat da'at rules.
Through this principle, Jewish law has been applied to evaluate secular regulations of advertising. For instance, Levine argues that it is impermissible to advertise a promise not to be undersold, without comparable details of its policy to match prices. He notes approvingly that the Federal Trade Commission
Federal Trade Commission
The Federal Trade Commission is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act...
took action against an analogous deceptive advertising in a case against Thompson Medical Company, regarding misleading ads for a product that did not contain any aspirin.
Insider treatment and misleading shareholder information would also be governed by this principle.
In addition, geneivat da'at has been applied to other forms of misrepresentation in contemporary life. For instance, Reform rabbis
Reform Judaism
Reform Judaism refers to various beliefs, practices and organizations associated with the Reform Jewish movement in North America, the United Kingdom and elsewhere. In general, it maintains that Judaism and Jewish traditions should be modernized and should be compatible with participation in the...
have argued that the transfer of assets to children, so as to feign poverty and shield assets from a nursing home, is prohibited by this principle.
Cheating can also be forbidden under the geneivat da'at principle. For instance, Rabbi Moshe Feinstein
Moshe Feinstein
Moshe Feinstein was a Lithuanian Orthodox rabbi, scholar and posek , who was world-renowned for his expertise in Halakha and was regarded by many as the de facto supreme halakhic authority for Orthodox Jewry of North America during his lifetime...
wrote, drawing partly on this principle, that yeshiva
Yeshiva
Yeshiva is a Jewish educational institution that focuses on the study of traditional religious texts, primarily the Talmud and Torah study. Study is usually done through daily shiurim and in study pairs called chavrutas...
s must not allow students to cheat on the annual Regents examinations
Regents Examinations
Regents High School examinations, sometimes shortened to the Regents, are mandatory in New York State through the New York State Education Department, designed and administered under the authority of the Board of Regents of the University of the State of New York...
and their school should not misrepresent grades. Nor should the yeshiva cheat on government subsidies by misrepresentions, such as inflating the number of its students.
Proper citations are also at stake. An author or speaker who fails to attribute secondary source
Secondary source
In scholarship, a secondary source is a document or recording that relates or discusses information originally presented elsewhere. A secondary source contrasts with a primary source, which is an original source of the information being discussed; a primary source can be a person with direct...
s may also violate geneivat da'at. Granted, if the audience does not expect explicit attributions, while it realizes that the speaker relies on secondary sources, then there would be no false impression. Nonetheless, the speaker should not rely on their own intuition about audience expectations, but rather consider only "a small, yet significant statistical probability" (mi'ut ha-matzui). How small? According to Levine, the audience expectation is quantified under halakhah. On the one hand, a speaker would not be required to cite sources merely to disabuse someone's rare, naive expectation that sources are cited. On the other hand, if 10 or 15 percent of the audience do indeed expect attribution, then a failure to identify one's secondary sources would be a violation of geneivat da-at.