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Torah & Horaah — Fleischman-Ha'azinu - Bought a used appliance that does not work-Part 2 5784

Выпуск: Torah & Horaah — Fleischman-Ha'azinu - Bought a used appliance that does not work-Part 2 5784. Темы: не определены автоматически. The Institute for Dayanim And under the auspices of Beis Horaah in memory of Baruch and Bracha Gross Ha'azinu 5784 255 c Question in Choshen Mishpot d By Rabbi Yosef Fleischman Bought a used appliance that does not work-Part 2 Question I run an institution and we needed to buy a large electric frying pan. We deduced from Tosafos and the SA sale is not classified a mekach to'us since you that therefore the sale was conditioned on the 1 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org appliance being in working order. The Rosh was argument is that since the new wall was not asked to rule in the case of Reuvain who sold included in the original sale the seller cannot a house to Shimon with the stipulation that force the receiver to accept the house with a Shimon will take possession after three months. that Reuvain sold Shimon a specific house, There are commentaries (e.g., the Ohr Someach, and even in its damaged state the property is Mechiro 17, 9) who disagree with the Ramo and classified as a house, Reuvain did not violate maintain that the Rosh and Ri Migash disagree. The Minchas Pitim, however, comments that The second source is a responsum of the Ri the Ri Migash does not seem to differentiate if Migash (res 51) that is cited by the Beis Yosef the damage is easy to repair or not, but rather and Darkei Moshe in their notes on the Tur if something new that is critical needs to be (CM 232). Shimon wanted to void The Aruch Hashulchan (232, 10) also the exchange since the house he received was reconciles the rulings of the Rosh and the Ri 2 Questions in all areas of halacha can be submitted to the rabbanim of our Beis Horaah at www.dinonline.org Migash. Therefore, we should classified a mekach to'us, since the part is assume that if the renter wants to cancel the inexpensive and people normally replace the rental it is not because it was not checked but part and the seller just said he is selling you for some other reason that is not a legitimate a frying pan, according to most opinions the reason for canceling (e.g., he found something seller could have forced you to allow him to cheaper). the Gemoro's ruling and brings an opinion that However, we clarified last tim

Издание

Torah & Horaah

Дата

22 сентября 2023 г.

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4