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Medical frontiers in Jewish law : essays and responsa / edited by Walter Jacob
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Changing Views of Health Care Delivery Io

accepted, so Maimonides (1135-1204),(Yad, Hil. Mekhirah 14.1), and Karo (1488-1575); S.A. Hoshen Mishpat 231.20) limited the profits to 1/6th as we have previously stated. All also prohibited hoarding which was already done by R. Samuel(B.B. 90a).

11. Profit margins, which had been set in the 4" century as by R. Samuel with a markup of 1/6th; this remained enforced through the centuries(B.B. 90a; Ahai Gaon , Sheiltot 32; Yad Hilhot Mekhirah 14:1; Shulhan Arukh Hoshen Mishpat 231:20)). The effect of lowering the price was taken into consideration before such action was taken would it help the consumer or destroy the market place?(B.B. 91a). When price fixing occurred it needed the approval of communal officials (Tosefta B.M. 11:23).

Some legislation was local, but in other areas national synods passed legislation that dealt with profit margins, tax rates, and appointed officers to supervise and deal with problems(Louis Finkelstein , The Synod of Frankfort, 1603, 257 ff.- as an example). Some fakkanot as those of Italy (1416-1418) dealt with copyright(ibid., 304 ff.), and others placed limits on monopolies

12. The Shulhan Arukh stipulated(Hoshen Mishpat 231.28) that crafts and merchants could reach such an agreement; however, if it affected a large

community the communal leader had to approve it. This continued to be followed later, and there were numerous prohibitions against selling at exorbitant prices. Such agreements were restricted(Meir, Bet Habehirah to B.B. 9a) and had to be approved by adistinguished person(Ramban, Hidushei Ritbah to B.B. 9a).

When the entire community was affected, such legislation was permitted. (Isaac B. Jacob Alfasi(Algeria 1013-1103) Responsa 13(ed. Leiter), Solomon Adret (Spain 1235-1310) vol 2#279; Vol. 5#126, 270,242). Levine p. 99). Such legislation with citations from the traditional literature has been passed by the State of Israel through the years including aConsumer Protection Law in 1980-1981.