Discounted advance payment for a product that does not yet exist
Question
I want to publish a book and advertise on the website that whoever pays now (before the book is released) will receive the book at a cheaper price. Is this permitted?
Answer
Shalom u’vracha.
It is prohibited. However, if the book already exists (or lacks only two stages of work, such as the final layout and printing), it is permitted, provided that it is not explicitly stated that he is receiving the book at a cheaper price.
Source
Siman 173, se’if 7: the ruling regarding giving a discount, that is, fixing two prices such that if he pays before delivery of the product he pays less than if he pays at the time of delivery. It is explained there in the Shulchan Aruch that if he already has the product, it is permitted (and according to the rules of “yesh lo” in siman 175, se’if 4, when it lacks only two stages of work it is considered “he has it”), and the Rema requires, in addition to “yesh lo”, that one not spell out the two different prices.
