Question: [Monday, 23rd Sivan 5780]
May I inquire from a business as to their prices of their products if I have no intent in purchasing it and am doing so simply for competition purposes in my own business? This is known as opposition research.
Answer:
Indeed, there is a prohibition of Ona’s Devarim to fool a seller into believing that you are interested in buying his product when indeed you have no intent to do so. However, there are several cases in which this can be permitted, including:
- If the seller is a gentile
- If one tells the seller that he has no intent to buy the product and he simply wants to know the price.
- According to Admur, there is possible implication that if the seller has no idea that one is trying to fool him, and he rather believes that he is asking to see if he can afford it, then it is permitted even if in truth the asker has no intent to buy it.
- Some suggest that a quick question of price without going into details and taking much of his time is permitted.
- If one is asking a non-commission-based worker of the store.
Practically, in your case I would suggest you verify whether any of these options are applicable and do accordingly.
Sources: See Mishneh Bava Metzia 58b; Michaber C.M. 28:4; Admur Hilchos Onah Vegineivas Daas 28 [implies that only applies if the seller will know that he is fooling him and not intending to buy and implies that prohibition only applies to Jewish seller]; Imrei Yaakov on Admur ibid in Biurim p. 43-44 [makes above inference from Admur and defends it, and suggests that no Issur when simply ask price without taking much time]; Pischei Choshen 15:5 footnote 15; Hilchos Onah Harei Halachos p. 378-380 [Makes inference from Admur, and allows if tell seller, and if is non- commissioned based worker, and if is gentile]
