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Case: The plaintiff (=pl) bought a wig from the defendant (=def) at the price of 10,500 shekels, with several checks dated for different times starting with May 2015. Def delivered the wig in July, soon before pl traveled abroad for several weeks. Upon returning, pl gave back the wig to def, due to a defect that both agree makes it unusable. Def promised to have the wig producer fix it before the chagim of Tishrei, and while def did not return the uncashed checks, she said she would not cash anymore of them. When the chagim passed and the wig was not yet fixed, pl demanded her money back (def had actually cashed almost all the checks). Def refused, claiming that the defect was done by the wig manufacturer, whom she already paid. Since they refuse to return the money to def but only to repair it, pl must keep to her agreement with def and wait for the fixed wig.
Ruling: Def admits that she never presented herself as a representative of the wig producer and in fact also sells wigs from other companies. Therefore, she is the one who sold the defective wig, irrespective of whose fault it was that there was a blemish.
The question is whether the blemish justifies nullifying the sale, or whether the seller has the right to fix it instead. The Shulchan Aruch (Choshen Mishpat 332:3,4,7) rules that a buyer can demand a return of the sale even after a long time if it turned out that it was seriously blemished from the outset and the buyer just found out. The seller cannot force him to keep the object according to its value as a blemished item. The Rama (ad loc. 5) does say that at times the seller is allowed to fix the blemish and uphold the sale. However, that is only when the blemish is either external or not very significant, and neither of those is the case here (see also Netivot Hamishpat ad loc.).
There are times when the buyer waives his rights to nullify the sale, especially when the buyer continued using the object after finding out about the flaw (Shulchan Aruch, ibid. 3). However, this is only when this is an indication that he actually waived his right. However, here, pl expressed lack of willingness to keep the object as is and just agreed for def to try to fix it; that is not considered mechilla. Even if one wanted to claim that she agreed to have it fixed, that was on two conditions that were discussed: that it would be fixed before the chagim; that pl would not cash any more checks before it was fixed. Since def did not keep these conditions, pl no longer has to allow her the opportunity to fix the wig.
Therefore, def has to return the entire amount that was paid for the wig, and def of course can negotiate with the producer. Although there is some logic to obligate def to pay the entire beit din fee, since it was evident to beit din that def believed she was correct in her claims, she had a right to hear what beit din had to say. Therefore, the two sides will share the costs.
P'ninat Mishpat (829)
Various Rabbis
459 - New Buildings Blocking View – part III
460 - Too Late to Fix a Wig?
461 - Responsibility for Car Engine’s Damage
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P'ninat Mishpat P'ninat Mishpat: Agricultural Water Rights – part II
based on ruling 84122 of the Eretz Hemdah-Gazit Rabbinical Courts
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: Unsuccessful Transfer of Yeshiva – part V
based on appeal ruling 82138 of the Eretz Hemdah-Gazit Rabbinical Courts
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
Rabbis in Midrash
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Kuzari -Rabbi Ari Shvat Kuzari class 9 - "Seeing is Believing" (parag. 21-30)
These paragraphs elaborate on the theme that seeing and knowing is better than any attempt to prove logically, and begins explaining the difference between Israel and gentiles.
Ein Aya Various Universal Stages of the Geula Process
Rav Kook examines the various stages of redemption, explaining how (in addition to the obvious oft-mentioned stages of ingathering the exiles, reviving the Hebrew language, army, state etc.) the messianic dream of world prosperity, the State of Israel and world unity can and are realistically and logically gradually coming true.
Kuzari -Rabbi Ari Shvat Kuzari class 8- "Answering Questions on the Kuzari's Proof from Mass Revelation
How do we know that the "claim" of mass revelation to 2,000,000 witnesses at Mt. Sinai is really true? This important class answers all of the questions skeptics ask about this claim of the Kuzari.
Ein Aya Armies Still Necessary for Balance & the War Against Wars
Rav Kook explains why the world was originally divided into the various seemingly contradicting ideologies and cultures, in order to develop each one respectively. Swords or armies symbolize how each respective ideology defends themselves, as well as deters their opposing ideologies and cultures. On the other hand, the messianic era will be one of peace, and Rav Kook explains the transition to that stage, which mankind is already undergoing.
The Land of Israel LGBT'S IN ISRAEL
The question was asked, how can one make Aliyah with the LGBT parades?
Kuzari -Rabbi Ari Shvat Kuzari class 7 - Five Accumulative Proofs of G-d
As a preparation for the Kuzari's classic proof of G-d from the mass-revelation at Sinai, we start here with 5 other directions to strengthen our belief which also contribute to what the Kuzari will present as well.
Ein Aya Muscle & Meaning: The Dual Nature of Gevurah (Physical Strength)
Is physical strength and fitness a necessity or an ideal? Although it if often totally overlooked among topics of Judaism, Rav Kook writes that it clearly is also a necessity to deter the many enemies of Israel, but even in Y'mot HaMashiach, in the Messianic era, to a certain extent, it's ideal continues even after our enemies will have been finished off.
