Yeshiva
Beit Midrash
- Sections
- Chemdat Yamim
- P'ninat Mishpat
Case: The plaintiff (=pl) bought adjoining sofas from the defendant (=def) for 4,650 shekels. They asked for armrests, which needed to be added to the standard model on display. The sofa arrived without the armrests, and also with wooden rather than plastic legs, as pl had been promised. Def wanted to solve the complaint by giving a discount and afterward offered to make the necessary changes, but pl wanted to back out of the purchase. In an interim ruling, beit din said that pl should allowdef to fix the sofa within 21 days (based on Shulchan Aruch, Choshen Mishpat 232:5, that a seller should have the opportunity to fix the sales item rather than have the sale undone). After def returned the sofa, plwas unhappy with several things. 1) The stitching in one place is unaesthetic. 2) The shade and texture where a change was made do not match the rest of the sofa. 3) The armrests were attached in a manner that the sofas no longer adjoin nicely. 4) Def had promised to switch the legs according to pl’s request; pl requested metal legs, and def provided plastic. [Beit din visited pl’s home (in the presence of all the parties) to make determinations.]
Ruling: The stitching is indeed imperfect in one area. Regarding the difference in fabric, the differences in texture and shade are slight. Def’s claim that it is the identical product, just that there can be slight differences based on different production lines from the same producer, is logical. The differences are only noticeable for one whose is looking for them and from close range. There is indeed a small separation when one tries to connect the sofas. Regarding the legs, def explained to plthat the metal does not fit in well with the sofa, and therefore it is hard or impossible to find metal legs that are appropriate for this sofa (placcepted this explanation).
The main question is whether the imperfections justify a cancellation of the sale. The rule is that blemishes must be such that average people in one’s place would agree that cancellation of the sale is called for (Shulchan Aruch, CM 232:6). It does not make a difference if a certain buyer is more particular than others. In beit din’s view, the imperfections are minor, and general society would not think it justifies cancellation of the sale.
P'ninat Mishpat (835)
Various Rabbis
376 - A Loan or a Gift? – part IV
377 - Blemished Sofa
378 - Eating before Kiddush
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P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat P'ninat Mishpat: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
P'ninat Mishpat P'ninat Mishpat: Multiple Agreements and Parties – part II
based on ruling 80082 of the Eretz Hemdah-Gazit Rabbinical Courts
Rabbis in Midrash
Lessons
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Various Events FOR WHOM NOT TO VOTE
Rav Zvi Yehuda Kook stressed that Israeli politics is G-dly, so I have no problem answering this common question on a Torani blog. Also, Free-Will is a G-d-given right and obligation, to "destine one's fate" (R. Soloveichik, Kol Dodi Dofek, 67), so I obviously don't tell others how to vote. But once not a few (especially young) have already asked, a couple of personal words from experience and thoughts from chazal & Rav Kook which may be of help to others, mainly for whom NOT to vote.
P'ninat Mishpat Fallout from Failure to Install Elevator – part II
based on ruling 85007 of the Eretz Hemdah-Gazit Rabbinical Courts
