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Beit Midrash
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- Chemdat Yamim
- P'ninat Mishpat
Ruling: [In the last issue, we saw that the tables were flawed but that the time for complaining about that situation had already passed. Now we will focus on the sources regarding how long one has to complain about flawed merchandise.]
When the complaint one has with a purchase is that the price is significantly too high, the buyer can return it only within the amount of time it takes to show the merchandise to someone who understands such an object’s price (Bava Metzia 49b). However, in regard to a flaw in the merchandise, the rule is different. The Rambam (Mechira 15:2) says that one can return it even after years but not if he used the object after he discovered the flaw, for the use of the object is considered mechilla (relinquishing of rights) of the ability to return it. The Maggid Mishneh (ad loc.) cites an opinion that if the object is something that can be tested out for the flaw and he did not bother to do it, he can no longer return the object. The Mishneh Lamelech and others understood that the Rambam and the Rif do not agree with this opinion and that even if it was possible to test the purchased item, if he did not previously discover the problem, he can return it when he finds out.
There are different opinions in the Acharonim as to whether we accept the Maggid Mishneh’s opinion. The S’ma (332:10) does cite it. The Netivot seems to accept the opinion, just that he adds that this is only if he used it after the time he could have discovered the flaw. Yehuda Yaaleh (II:223) says that if there are concrete grounds for concern that there are flaws and he did not check, then all should agree that there was mechilla of the possibility to return.
According to the Maggid Mishneh’s opinion, there is no question that pl cannot demand return of the tables. Even according to those who argue, it is still clear that pl must have been aware of the problem, in which case, their lack of filing a formal complaint in a timely manner indicates mechilla.
P'ninat Mishpat (832)
Various Rabbis
229 - Unfair Competition?
230 - Late Return of Flawed Furniture
231 - Disqualifying Judges
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Various Rabbis
Various Rabbis including those of of Yeshivat Bet El, such as Rabbi Chaim Katz, Rabbi Binyamin Bamberger and Rabbi Yitzchak Greenblat and others.
Moreshet Shaul Moreshet Shaul: A Crown and its Scepter – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 294-5
P'ninat Mishpat P'ninat Mishpat: Sharing in Plumbing Expenses – part I
based on ruling 85013 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Undoing a Problematic Partnership – part III
based on ruling 84061 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
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