Monday, February 5, 2018

Caveat emptor

In Shulchan Aruch,(CH. M.   232:19 ) it states 
Minhag is Mevatel (nullifies) the Halacha ( מקח טעות)
Today we can't claim   מקח טעות
(The buyer is stuck with the spoiled eggs and can't claim מקח טעות  )
Harav Elyashiv ruled this Halacha/Minhag is only applicable when 
someone sells  for profit since the Minhag in the business world
it is acceptable to claim a final sale - Caveat emptor.
However a woman borrowing eggs since there is no profit, then 
the original Halacha of מקח טעות kicks in and it is applicable.
Therefore she hasn't acquired the egg and is not responsible 
to pay for it*. 

The Shevet Halevi (10:133) writes "A woman who borrowed a dozen
eggs and two of them had bloodspots, She might not be
allowed to return a dozen eggs because there might be
a problem with Ribis (D'Rabonon)


*She is also not responsible for destroying the egg since it has no value

1 comment:

  1. Our eggs today are mutar to eat even if a bloodspot is found. That is the haskama of most poskim even though most throw them. rav Scheinberg held it was bal tashchis to toss these eggs. According to this I would think that the woman is responsible to return all the eggs.

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