Misva #602: Not to Have Inaccurate Weights or Measures in One’s Possession

The Torah in Parashat Ki-Teseh (Debarim 25:13-16) forbids having in one’s possession inaccurate weights and measures, meaning, instruments which give incorrect readings of weight, volume or size, and could thus cheat either the seller or the buyer. Using such instruments, the Torah states, is considered “To’abat Hashem” – “an abomination to G-d.” The Torah here forbids having inaccurate weights and measures in one’s possession even if they are not being used. The Sefer Ha’hinuch explains that possessing such instruments is forbidden “Pen Yiheyeh Le’mokesh” – “lest it becomes a trap,” meaning, because it might lead to sinful conduct. The Rambam writes that other people, who do not realize that the instrument is not accurate, might innocently use it, and will unknowingly end up stealing, by overcharging or underpaying for merchandise. From the Sefer Ha’hinuch’s formulation, however, it appears that he understood the concern to be for the person himself. Even though he knows that the instrument is imprecise, he might nevertheless be tempted to use it in order to steal. The Gemara in Masechet Baba Batra (89) establishes that this prohibition applies even if it can be assumed that the instrument will never be used. For example, if the instrument had been used as a bedpan, for urine, such that we cannot conceive of people using it later to measure food or beverages, nevertheless, one may not keep it in his home. The Torah speaks of the various instruments in this context with repetitive phrases – “Eben Va’aben”; “Efa Ve’efa.” The Rambam writes that although the Torah repeats these phrases, this command is to be listed as a single Biblical prohibition, and not as two prohibitions. One might have assumed that the extra words imply additional commands, such that one who transgresses this prohibition is actually guilty of multiple violations. The Rambam writes that this is not the case, as the Torah occasionally repeats itself for emphasis, and thus one violates only a single prohibition by having inaccurate weights or measures in his possession. This prohibition applies in all times and places, and is binding upon both men and women. One who keeps a faulty scale or measuring device in his home violates this command, but is not liable to Malkut. The Sefer Ha’hinuch gives two reasons why one is not liable to Malkut for this violation. Firstly, and more obviously, this falls under the category of “Lav She’en Bo Ma’aseh” – a prohibition which one transgresses passively, without performing a forbidden act. One violates this command simply by keeping the forbidden instrument in his home, and failing to bring it out of his home. As no action is performed, the violator is not liable to Malkut. The Sefer Ha’hinuch then adds a second reason, explaining that this prohibition falls under the category of “Lav Ha’nitan Le’tashlumin” – a violation which one can rectify by paying money. If one uses an inaccurate instrument to weigh or measure merchandise, and thereby steals, he corrects his misconduct by repaying the person from whom he stole. Malkut are not administered for a violation that can be rectified, and so one is not subject to Malkut for violating the prohibition against faulty weights and measures. Later writers raised the question of how the Sefer Ha’hinuch could apply the rule of “Lav Ha’nitan Le’tashlumin” to the prohibition against possessing faulty weights or measures. As explained earlier, this command forbids not only using these instruments, but even just having them in one’s home. This violation thus does not entail any theft, and, as such, it cannot be rectified through payment. How, then, does the Sefer Ha’hinuch classify this prohibition under the category of “Lav Ha’nitan Le’tashlumin”? The Minhat Hinuch (Rav Yosef Babad, 1801-1874) and the Or Same’ah (Rav Meir Simcha Ha’kohen of Dvinsk, 1843-1926) answer this question based on the aforementioned explanation of the command not to even possess faulty weights and measures. As we saw, the Torah issued this command in order to prevent the use of these instruments, which entails theft. Now if somebody actually uses inaccurate weights and measures, to the detriment of the other party to the transaction, then he is not liable to Malkut, because he repays the amount that he stole from his fellow. It stands to reason that if this violation is not punishable by Malkut, then the possession of faulty weights and measures, which is forbidden only as a safeguard against the actual use of such devices, cannot be punishable by Malkut. The prohibition enacted as a safeguard against theft cannot be treated more seriously than theft itself. Therefore, since one does not receive Malkut for using inaccurate instruments, one does not receive Malkut for having them in his possession, either. This prohibition should remind us of the importance of exercising caution with regard to what we allow into our possession. If the Torah forbids keeping in storage an old, broken scale, as it may possibly lead to forbidden activity, then certainly we must ensure not to allow in our homes things that people use and which could lead to misconduct. We must be careful with regard to the literature that enters our home, and also not allow unfiltered internet access, which poses far greater spiritual danger than an old scale in the basement. The Torah’s command teaches us of the diligence required when building and maintaining a Torah home, that we must not keep in the home anything which could cause people to stumble and act improperly.