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 Fellow Weekly -  Issue 147

WHAT'S THE LAW  

  

 

 

 

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CASE 263: The Right Meat, The Wrong Supervision
                                   

Living[1] out of town offered Mrs. Berman wonderful opportunities to introduce her neighbors to the beauty of Jewish living. When Mrs. Berman first moved to Anytime USA, most of her friends were unaccustomed to dining in the succah.

 

Mrs. Berman pleasantly changed that. She invited the entire community for Kiddush on the first day of Succoth to her red wooden Succah. The tables were typically laden with mouth-watering home-baked cookies, cakes and pastries, meat platters, kugel, chulent and rolls for those who wished to wash.

 

Time has a way of passing on. More and more succahs soon bejeweled the neighborhood backyards. Yes; gone were Mrs. Berman's heavy red succah boards. Many a local day-school grad by now would return as a yeshiva boy for the festival. The seven-year-old cookie gougers were now grown adults drinking whisky. Olive oil began substituting for margarine, but the piping hot chulent and Addie's Jelly roll kept inviting the aging community back to the Berman Succah Bash.

 

Anytown USA did not boast a kosher butcher. Instead, twice a year, Mrs. Berman would order half a cow from a particular butcher shop in the nearest large Jewish city. She liked the shops packaging and cuts, and their variety allowed her to choose meat from the rabbinical supervision of her preference.

 

Two and a half weeks before Succoth, she received her order. Mrs. Berman eagerly opened the first box and was rather chagrined, as she received the right cuts of meat from an unfamiliar kashrut supervision.



[1] Dedicated in loving memory of my saintly grandmother Mrs. Ruth Seidemann a'h of Columbus, Ohio

 
1. Does anyone have recourse on the sale?
 
 
 
What's the Law?

  

Please email us with your comments, questions, and answers at weekly@projectfellow.org.

  

 

 

 

  

CASE 262: THE STERLING CHARACTER
                                   
Horrified, dejected, rejected and cheated: some sentiments she experienced during her engagement, of which she thought she'd never forget...
 
800 instead of 925! - while Avital's future husband Asher's personality was sterling, the candlesticks her future mother-in-law presented to her; were not.
 
1. May Asher's mother compel the seller to annul the sale?
 
 
 
What's the Law?

  

Please email us with your comments, questions, and answers at weekly@projectfellow.org.

  

 

 

 

The Answer

 

We present you here with a concise ruling. For a more intricate elucidation, please see the detailed explanation below.  

Yes

  

  

  

Detailed Explanation    

 

 Sterling Character invokes the following laws.  

 

1. If a buyer intended to purchase Product 1 and received Product 2, both the seller and the buyer have a right to void the sale [Choshen Mishpat 233: 1].

 

2. If a buyer intended to purchase Grade A and instead received Grade C, the buyer may void the sale, while the seller may not void the sale [ibid].

 

3. If the seller intended to sell Grade C and instead inadvertently delivered Grade A, the seller may void the sale, while the buyer may not [ibid].

 

4. If the difference in intended quality is nominal or can be effectively rectified, no one may void the sale. (The cost of rectifying the issue lies upon the seller.) 

 

However, when appropriate, price adjustments are necessary even when the difference is less than a sixth of the market value [ibid, Pischei Teshuva 2].

 

 

Application:

The 800 stamp on silver means 800 parts of silver per 1000, or 80% silver, 20% other metal. Sterling silver is 925/1000 or 92.5% silver. 800 silver is not sterling quality.

 

An 800 silver bullion can be purified and brought to sterling quality. Had Avital's mother in-law intended to purchase a sterling silver bullion and received an 800 instead, she could compel the seller to pay for its purification and adjust the price accordingly but could not void the sale. [ibid].

 

There are those who maintain that the buyer has the right to void the sale because he received a lower grade quality merchandise which at its present state cannot function like Grade A.

 

Due to this difference of opinion, we would apply the dictum of hamotzi mechaveiro alav haraya and leave the money in its status quo [ibid, Shach].

 

 

Avital's mother -in-law however, intended on purchasing sterling silver candle sticks. A candle stick made from 80% silver is considered a poorer quality product than one from 925 silver. We would not require the buyer to accept the sale and have the seller rectify it by purifying it and redesigning the candlestick. As such, Avital's mother in law may void the sale.

 

Nonetheless, as both an 800 and 925 are silver candlesticks, we would not deem them as a completely different product, rather two different qualities. As such, only the buyer may void the sale; not the seller.

 

Note:
 
Although we aim to present the correct ruling, varying details are always important and decisively influence every individual case. Our readers are thus encouraged to present their personal cases to a competent authority and not solely rely on the information provided.
 

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