“Would you like to use our bungalow for Shabbos?” Jack asked his neighbor, Ben. “We have a simcha in two weeks and won’t be at our bungalow.”

“That would be great!” exclaimed Ben. “Is it hot there?”

“It might be,” replied Jack. “I installed air conditioners, but have to return them this week.”

“Oh, really?” asked Ben. “You borrowed air conditioners?”

“No,” said Jack, “I bought them at Walmart, but intend to return them and get my money back.”

“They let you return the air conditioners after using them for the summer?” asked Ben, astonished.

“They have a ‘no-questions-asked’ return policy,” explained Jack. “However, they have a 30-day limit on air conditioners instead of the usual 90 days, so I can’t keep the air conditioners for the full summer.”

“This whole idea sounds dishonest,” said Ben. “If you know that you don’t intend to keep the air conditioners, it’s not fair to the store if you buy and return them.”

“That’s what the refund policy is all about,” said Jack.

“Not really,” said Ben. “The point of a return policy is for consumer satisfaction. If a product is defective, the customer can return it. Return policies expand this if the customer was not satisfied with the purchase in any way, such as if it wasn’t as powerful, versatile or useful as he expected. But to buy something that you know ahead of time you don’t want, just to get free use of it, seems like cheating.”

“Why?” said Jack. “They can refuse to accept the return; if they choose to accept it, that’s their business. What’s wrong?”

“You are misleading them,” said Ben. “When you purchase the item, they think you are intending to keep it, or at least give it a fair trial. You are also causing them a loss, since they will not be able to sell it new again.”

“They probably return it to the manufacturer,” said Jack.

“And what about the chilul Hashem involved?” said Ben.

“Where is there chilul Hashem?” asked Jack. “I’m not doing anything illegal.”

“Chilul Hashem does not only mean doing something illegal,” said Ben. “It also means doing something that is of questionable moral or ethical character. You would do well to discuss with Rabbi Dayan whether it’s acceptable to buy something and then return it like you plan to do.”

Jack called Rabbi Dayan. “May I buy air conditioners with intention to use and return them according to the store’s return policy?”

“Even though the store takes into account in its return policy that some people might do this,” answered Rabbi Dayan, “it is clearly wrong for a number of reasons. First of all, there is a serious issue of geneivas da’as (misleading) in doing this. When you buy an item, you give the seller the impression that you are interested in buying it, at least on a trial basis, whereas you intend ahead of time simply to use and return it. This misrepresentation causes the seller a financial loss, so that it is a severe form of geneivas da’as.”

“Does geneivas da’as apply also to a non-Jewish seller?” asked Jack.

“Yes,” replied the rav. “Stealing from a non-Jew is prohibited, so misleading him to gain a benefit, especially when there are monetary ramifications, is also prohibited (C.M.  348:2; 228:6).”

“Secondly, this ‘ploy’ may well be considered a form of damage,” continued Rabbi Dayan. “You took a new item from the store and made it a used one, which the store or manufacturer will no longer be able to sell without remanufacturing (C.M. 378:1; Pischei Choshen, Nezikin 1:1).

“Thirdly, the concern of chilul Hashem is a most serious one,” added Rabbi Dayan. “The Mishna in Pirkei Avos talks of the severity of chilul Hashem, even if done unintentionally (Avos 4:4). Chilul Hashem is a sin for which even repentance, Yom Kippur and affliction do not completely atone for, until death. Questionable business behavior that raises eyebrows, even if completely legal, is a form of chilul Hashem (Yoma 86a). Conversely, integrity in business dealings is a source of Kiddush Hashem.”

“Are there additional issues if the store is Jewish-owned?” ask Jack.

“Since the Torah prohibits charging a fellow Jew interest, there is an additional problem of ribbis – gaining free usage of the item in return for allowing the store use of the money for the month – and also ona’as devarim (Y.D. 174:1; Bris Yehuda 28:4-5),” concluded Rabbi Dayan. “From any store, though, it is deceitful and wrong.”