Monday, February 5, 2018

ואלה המשפטים

ואלה המשפטים                      
Rochel borrowed an egg from her neighbor. She cracked it
open and found a blood spot, so she threw it out.
Does Rochel have to repay an egg to her neighbor?

Shulchan Aruch Choshen Mishpat  232:19
“If someone sells eggs to his friend and it was found to be
spoiled and inedible, It is considered a Mekach Ta'ous,(mistaken sale)
and the money must be returned. Today we don’t rule
like this. And a Minhag is Mevatel (nullifies) a Halacha”
(The buyer is stuck with the spoiled eggs)
This is the Halacha in Shulchan Aruch that we follow the Minhag instead of the Halacha.

Accordingly, we would think, the same rule applies to Rochel.
She is stuck with this egg and has to repay an egg to her
neighbor.
R.Y.S. Elyashuv zt”l ruled, Rochel doesn’t have to pay back
the egg.

WHY NOT ???

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