By Rabbi Yair Hoffman for the Sefas Tamim Foundation
For those who drink, it is a sad reality that the price of both whiskeys and bourbons have shot up significantly – supposedly as a repercussion of the pandemic. The price of grape tomatoes has also doubled, along with rising prices for meat and chicken.
THE PRODUCT
Its origin is in Kilmarnock Ayrshire Scotland, but is the most widely distributed brand of blended Scotch whiskey in the history of mankind. Indeed, it is sold in almost every country in the world, with sales approaching some 150 million bottles each year.
It is known as Johnnie Walker Scotch whiskey, and it comes in many versions.
Red Label is 80 proof and is a blend of 35 grain and malt whiskies. It is intended for making mixed drinks.
Black Label is 80 proof, is a blend of about 40 whiskies, each one of which is aged for at least 12 years.
Blue Label is Johnnie Walker’s premium brand 80–86 proof blend with no age statement. Bottles are numbered serially and sold in a stunning silk-lined box accompanied by a certificate of authenticity. It is one of the most expensive blended Scotch whiskeys on the market, with prices of about $200 to $300 per bottle.
THE PROBLEM
Alas, it seems that some people may have the practice of putting the Red Label in the Blue Label bottle. Even if there is no monetary gain made here whatsoever, from a halachic view, this practice could possibly be as treif as the worm in a margarita.
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THE PROHIBITION
The prohibition is known as Gneivas Daas, fooling or deceiving others in physical practice. The Gemorah in Chullin (94a) cites Shmuel as saying that the prohibition applies to everyone.
The Gemorah in Chulin 94a cites a Braisah which discusses four examples given by Rabbi Meir of things that are forbidden on account of the issue of Gneivas Daas. 1] It is forbidden to repeatedly invite someone to a meal when you know that he will refuse 2] It is forbidden to repeatedly offer gifts when you know that he will refuse 3] It is forbidden to appear to up a new barrel of wine (when one is actually opening it for a previous sale) unless one informs him of the real reason he has opened it [the underlying issue is that the wine will not last as long now that the barrel is open and it is a big favor to the guest, much like opening a brand new bottle of Blue Label would be nowadays] 4] It is forbidden to offer someone oil from an empty flask to anoint oneself when one knows full well that the person will refuse it. If, however, he is offering the oil to show (others – Rashi) his fondness for the person it is permitted.
We see, therefore, that Gneivas Daas is violated even if there is a non-financial deception. This is true in the case of dressing up Red Label in Blue Label packaging at a Kiddush or simcha.
WORSE THAN LYING
In regard to the verse of midvar sheker tirchak stay away from a false matter, there is a three way debate as to how we understand this pasuk. The Chofetz Chaim rules in his Ahavas Chessed that there is an out and out prohibition to lie. This is in accordance with the view of some Rishonim. Other Rishonim hold that the verse is merely good advice, but not halacha. A third opinion holds that it is applicable to judges adjudicating law. Generally speaking, the view of the Chofetz Chaim is normative halacha.
The prohibition of deceiving, however, is a clear out and out prohibition according to all opinions. According to the Sefer Yereim and the Ritvah it is a biblical prohibition. According to the SMaK the prohibition is derabanan. But all hold that it is a full blown prohibition.
SIMILAR CASE OF GNEIVAS DAAS
The Mishna in Bava Metzia (59b) tells us that it is forbidden to mix older produce with newer produce and sell them together as one package. This is a parallel to our case, but our case is worse since in the whiskey only the inferior product is being presented. The Gemorah in Bava Metziah 60b has more cases where a seller makes animals and animal skins look newer through artificial means. These too are forbidden on account of Gneivas Daas. While it is true that these cases in Bava Metziah are dealing with a sale, but if we combine this with the Braisah in Chullin then we have a parallel.
Does everyone agree to this? It would seem that it may well be a debate in the Rishonim. The Rashba in Chullin (94a) and the Rosh (Perek 18) hold that if the item is a matana, a gift – there is no prohibition of Gneivas Daas. Tosfos (Chullin 94b DHM “Amar”) and the Ritva (Chullin 94b “Rav Ashi”) hold that it does apply even by a free gift. How do we understand the distinction between the cases of the braisah and the free gift according to those authorities who hold that it is not considered Gneivas Daas? It would seem that since the deceiver is giving something to the person – that makes up a bit for the deception.
OTHER APPLICATIONS OF GENEIVAS DAAS
There are a number of other contemporary applications of this prohibition that apply according to all Rishonim. These applications apply across the board in numerous industries.
SOCKPUPPETING
In the age of the internet, a number of people adopt other identities. While anonymity is permitted, when it is used to give off the impression that person X is really someone else – this is clear Gneivas Daas. There are magazines and newspapers that do this as a matter of course, where letters to the editor are printed by an author of an article that he himself had penned.
PHONY AMAZON REVIEWS
If a company produces a product they will often be tempted to write their own reviews and post them on Amazon.com. This too would clearly be a case of Gneivas Daas. It falsely gives off the impression that there are more readers as well as falsely inflating up the rate of satisfaction.
FALSELY REPORTING INTERNET HITS
There are websites and papers that falsely report their internet traffic or distribution. This too is Gneivas Daas, deceiving those who think that the site receives more visitors than it actually does, or deceiving its advertisers. Falsely inflating how many issues are printed is also Gneivas Daas.
SERIOUS ISSUE
There is a fascinating Shaarei Teshuva (3:181) which states that the leniency of “Mutar l’shanos mipnei haShalom, sometimes it is permitted to tell a white lie to maintain peace” does not apply to Gneivas Daas. Gneivas Daas is an important and essential value in Torah Judaism. Whether it is pouring Red Label into a Blue Label bottle, or inflating web hits, printing numbers, or using false emails to create wrong impressions, we must realize that it is a serious halachic issue that should not be ignored or trampled upon.
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11 Responses
You left out Green Label.
A related question in my mind involves gneivas daas in retail. Is the store owner responsible for selling items that someone else – say, the manufacturer – has comitted gneivas daas to increase its profits?
There are many examples of manufacturers silently substituting poorer quality materials in well-respected products to save money. Sometimes this occurs after one company buys out another and moves the factory to a different country.
Another is altering the packaging to give the impression there’s more product for the same price.
I’m wondering if this might be so even if the consumer could detect the deception (caveat emptor) by reading the label fine print (product weight or count) and recalling previous values.
How about is it muttar to buy a Scotch that costs $300? Is that what Hashem gave you money for?
Just wondering….
Is Johnnie Walker even kosher?
Hard to see this as Gneivas Daas minute you taste it you can tell it is not Blue Lable. Someone who can’t taste the difference between Red and Blue doesn’t have Daas to be goneiv!
It would probably be more important to discuss the fact that many people do not drink Red Label (maybe the other colors too) because of kashrus concerns.
Johnnie Walker is conspicuously absent from the CRC’s Recommended Liquor List (neither in the Recommended, nor in the Not Recommended section.) Is is listed as Approved on the Star-K list, but some Shuls in Boro Park and Flatbush don’t allow it because it is blended and they are concerned that some of the ingredient scotchs are from Sherry casks.
1. The higher prices have nothing to do with the pandemic, but with overall inflation (caused by governments printing money) and disruption to global grain supply due to the war between two of the leading grain producing countries (Russia and Ukraine).
2. Why patronize a company that does not see fit to get a hecksher, when there are similar products where the company has paid for a reputable hecksher which is prominently displayed on the bottle. Ingredient kashrus (you look at the label, and if you don’t see something treff, treat it as kosher) has been obsolete among frum Yidden since the mid-20th century. Baruch Ha-Shem we live in an era with a large range of manufactured products with reliable, and well advertised, hecksherim.
Is one lying when one pretends to taste the difference between Blue Label and Red Label, when one does not? That is probably a more common lie than pouring Red Label whiskey into the Blue Label bottle?
Rabbi, you have too much time on your hands
Nonsense. There all those 4 examples mentioned are geneivas daas because you are faking giving something to someone, doing him a fake tovah so to speak. He owes you in return. You are pretending like you have sacrificed something for him.
Whereas putting red label in the blue bottle by a simcha, is not doing anything for anyone.
Nobody feels like you sacrificed for them nobody feels like they owe you. The only difference is that YOU feel rich and good that you can afford to shtell expensively. Noone is expected to offer you anything in return.
(Agav. I don’t know why tos. And ritva, are mekel for Geneva’s daas by a matonoh. But I can assure you that it is not because you are getting something in return. That is a very poor sevoroh)
Rabbi Hoffman needs to get out a little more. I haven’t seen Blue Label served at a simcha in a dozen years.