[Avodah] Shayala of Onaah

[Micha Berger]

Someone who used to be active on Avodah (BCC-ed) did the logical
thing, and emailed Business Halacha Institute, asking them what they
thought. Here is their reply.

:-)BBii!
-Micha

PS to the curious newbie: that emoticon was an invention of my son Eli,
back when he was young enough that it indicated (in his father's eyes,
at least) precocious creativity. It adds up to happy + two challos +
2 candles. IOW, it's a [pre-]Shabbos greeting.

--- Forwarded message from Gershon Schaffel <gershons at businesshalacha.com> ---
Date: Fri, 17 Aug 2012 12:56:06 -0400
From: Gershon Schaffel <gershons at businesshalacha.com>
Subject: RE: Sha'ailah

Thank you so much for contacting us and I apologize for the delayed
response. Below is a copy of the response of HaRav Chaim Kohn about
the matter.

Is It Permitted to Use A Mispriced El Al Ticket? 
By Harav Chaim Kohn 

Q.   The recent technical glitch in El Al's network that resulted in
thousands of tickets being sold for the unheard-of bargain price of $338
has resulted in passengers dealing with different emotions. Obviously,
many people were thrilled by their stroke of good fortune, and look
forward to enjoying the "luxury" of a trip to Israel at a cost that
usually covers taxes and surcharges.

Others, however, felt guilty, and called their Rav to ask the important
question: Halachically, do I have the right to fly with this ticket,
when it obviously represents a mistake beyond the control of the company
that was exacerbated by today's hi-tech instantaneous sharing with family
and friends in a close-knit community that is always anxious to go to
Israel ? The momentary pleasure of saving such a bundle of money is
overshadowed by the concern that these gains may not be "kosher." El Al
officials took some time before they made a decision to honor the tickets.

A.   Had such a glitch occurred in any unregulated industry, it would be a
classic case of Onaa'h and Mekach Ta'us. Besides for the fact that the
quoted price does not reflect the correct market value of the merchandise,
it is also clear that the seller never intended to sell for this price
and the merchant could render the sale null and void. On the other hand,
if the merchant wishes to honor the sale, he may obviously do so. As
such, in the case of a sale where the merchant will find out his error
before the execution of the sale and the buyer took advantage of the
mistake hoping that the merchant would honor the sale -- although he is
not obligated to -- he may halachically do so, since his action has no
legal bearing on the merchant.

Similarly, had El Al decided to honor the sale for charitable or
public-relations motives, the whole matter would be a non-issue. However,
the airline industry is tightly regulated in all areas of operation,
including sales. It is for this reason that El Al didn't have much of
an option and did not revoke the sales. This raises the question from a
halachic perspective. If the validation of the sale is forced upon the
airline by the authorities, the above arguments do not apply and the
sale would seem to be halachically void.

However, the sale is in fact halachically valid. The airline has agreed
to operate all areas of its business in accordance with the regulations
set by the authorities, including the conditions regulating sales and
sale prices. As such, the sale is halachically valid.

Even if the sale is valid, was it incorrect to purchase a ticket that
forced the airline to honor the sale? In reality, as explained earlier,
the issue in question is not about a forced regulation but the result of a
voluntary acceptance to do business in accordance with those regulations.
As such, there was no halachic prohibition against taking advantage of
this glitch and purchasing tickets for a cheaper price.

Have a good Shabbos and a good Chodesh

--

Gershon Schaffel 
Business Halacha Institute

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