Using a Website Against Payment Rules
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Question
I posted a property on a site that mediates between guests and hosts, and also provides insurance services for the property. The commission is 10% of the transaction for the guest and 3% for the host. The site is apparently owned by a non-Jew. Many users contact me and ask to communicate outside the site. Part of the site's terms prohibits bypassing it. Is it permissible for me to contact them and close a deal outside the site? And is it permissible for me to contact them outside the site and close the deal through the site? And is it permissible to declare on the site that the deal is for a lower amount and actually pay more in cash (which is also against the site's terms)? And can someone who wants to rent for a month use the site's services for a one-day rental, and after the transaction, when they already have contact details, close a 30-day deal outside the site? I should note that I have been using the site for 3 weeks, and many users send contact details or request them (and the site automatically detects that this is a problematic message and asks to report it), so it seems quite open to abuse.
Answer
Hello,
It is forbidden to use the site and violate the rules you agreed to.
If the site is owned by a Jew, the prohibition of theft is from the Torah. However, even if the site is owned by a non-Jew, theft from a non-Jew is forbidden.
Additionally, this certainly involves a desecration of God's name, as they can easily check if deals are closed against their rules.
Source
Shulchan Aruch, Choshen Mishpat, Laws of Theft, Siman 348, Se'if 2
Anyone who steals even the value of a perutah transgresses the prohibition of "You shall not steal" (Leviticus 19:11) and is obligated to repay, whether stealing from a Jew or a non-Jew.
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