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Ruling: [In the ruling, which we featured on this past Parashat Emor, there were three different analyses of the dayanim, but the majority agreed that pl had too much access to information prior to the purchase to nullify it. Now we see the judgment of the appeal panel.]
The first question requested to be reconsidered is about the difference between the way def told pl about the problem with the car and the actuality. The gemara (Bava Batra 83b) says that if one bought an object with the understanding it was of poor quality and it was of poor quality, he may not back out of the sale. The Ran (accepted by the S’ma 233:4) asks that this is obvious and therefore says that the gemara is referring to a case where it is of an even lower quality than he understood, and still the sale is valid. Arguably, that is the case here. However, we believe that an engine that is likely to stop working in a relatively short amount of time is of a different category of problem. Shut Maharil Diskin (166) applied the same idea to a horse suffering from a worse disease than the buyer told about.
Since pl chose to not just describe the symptoms but cite an expert (mech2), it was wrong to not cite mech1. This is strengthened by the fact that def followed mech1’s advice (to sell the car) and by the fact that def did not cooperate with the appeal panel’s request to provide information for beit din’s expert to give a third opinion.
Def claimed that he suspects that pl did not add as much oil as he was told to, which caused the engine to be ruined. Considering that the sale was nullified, it turns out that pl became a "watchman" over it, and def claims that he was negligent as such. According to Torah law, he would have to swear that he added as much oil as he should have, and in lieu of that, and in consideration of the fact that pl ended up using a car that was not his, we will reduce 4,000 NIS from what pl should get. Def should now pay 20,000 NIS.
P'ninat Mishpat (832)
Beit Din Eretz Hemda - Gazit
813 - P'ninat Mishpat: Using Car that Was Supposed to be Returned
814 - P'ninat Mishpat: A Used Car with a Tendency Toward Engine Problems
815 - P'ninat Mishpat: Benefit from Unsolicited Efforts of the Plaintiff
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