336. Fair is Fair: The obligation to uphold business law

We are not allowed to cheat one another in business, as we will see in the next mitzvah. In the case of a complaint, the courts had an obligation to uphold the Torah’s laws of buying and selling. They were empowered to void any sale that violated the proper protocols of business transactions, such as by overcharging. Another example of a sale that might be voided is if one of the parties lacks the mental faculties to properly engage in such a transaction. And what if someone reneges on an agreement?

The reason for this mitzvah is that justice is the basis of civilization. Without it, we have anarchy. The courts enforce fair business practices because doing so enables our society to function.

This mitzvah applies in all times and places but it applies specifically to the courts, who are charged with upholding or voiding sales as necessary. Its applications are found all over the Talmud: the first chapter of Kiddushin; the fourth, eighth and ninth chapters of Baba Metzia; the third through seventh chapters of Baba Basra; and more. It is codified in the Shulchan Aruch in Choshen Mishpat 189-226. This mitzvah is #245 of the 248 positive mitzvos in the Rambam’s Sefer HaMitzvos and #67 of the 77 positive mitzvos that can be observed today in the Chofetz Chaim’s Sefer HaMitzvos HaKatzar.