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Beit Midrash
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Ruling: The artistic pieces were brought to beit din. Even to a non-expert’s eye, it was clear that the strips of which the forms were made were not of uniform width, which caused the lack of a smooth look, and had scratches and other imperfections. The fact that they were to be used for fine art was well known to pl, and they were not of that quality. Much of what was given could not have been fixed, but would have to have been replaced. Based on the context of the order, the average person would have rejected the brass strips, which provide the grounds for mekach taut (voiding the sale).
Does def’s delay in complaining about the imperfections preclude mekach taut? One must also consider that as opposed to a regular case of mekach taut where the object can be returned, since they have been firmly glued to the glass, they effectively cannot be returned. The Shulchan Aruch (Choshen Mishpat 232:18) rules that in such a case, if the bought object was used in a normal manner before the blemish was discovered, it can still be returned for full value. Def explained how due to the flimsiness of brass strips, the extent of the problem could not be appreciated until the art work was put up.
The question of whether def should have been expected to check the quality of the strips before connecting them to the glass relates to a Maggid Mishneh (Mechira 15:3), who brings two opinions on this fundamental point. Many poskim (see Pitchei Choshen, Ona’ah 13:9) point out that the requirement to check applies only when it can be done easily, which is not the case here. Therefore, def has to pay pl only for the part that was used, based on which, beit din estimates that pl needs to return 2,800 NIS to def.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
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630 - Unartistic Material for Artistic Work – part I
631 - Operating a Preschool in a Private Building – part I
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Beit Din Eretz Hemda - Gazit
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Rabbis in Midrash
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