The Egg With The Bloodspot

Thank you to http://somehowfrum.blogspot.com/  for pointing out the shevet levi Terutz 

There is one of 2 reasons why Rochel would have had to pay

for the egg.

a.       She acquired the egg from neighbor. Same as if she

bought the egg.

a.       She didn’t acquire the egg. (Mekach Ta’ous) She destroyed

property (egg) belonging to the neighbour . (by throwing it out)

Harav Y.S. Elyashuv zt”l Paskened both reasons are not applicable.

                     Rochel needs not to pay back the egg.

a.       Rochel didn’t acquire the egg because it was a Mekach Ta’ous

(nullified sale- she expected a good egg)

b.      There is no payment for damaging worthless property

(Bloodspot egg has no value)

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 Taous,(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)

R, Elyashuv claims this Halacha/Minhag, applies only when eggs were

sold for a profit and not in our case (egg is sold for egg)