“Where someone sold non-kosher food, a distinction is made whether the prohibition was biblical or rabbinic,” answered Rabbi Dayan. “There, at least, the customer had the benefit of eating the food. However, in our case the usage of the esrog was to fulfill the mitzvah. Even if the disqualification is rabbinic, Mr. Hadar could not fulfill his mitzvah properly. Therefore, the sale is faulty and he is entitled to a refund.”
About the Author: Rabbi Meir Orlian is a faculty member of the Business Halacha Institute, headed by HaRav Chaim Kohn, a noted dayan. To receive BHI’s free newsletter, Business Weekly, send an e-mail to firstname.lastname@example.org. For questions regarding business halacha issues, or to bring a BHI lecturer to your business or shul, call the confidential hotline at 877-845-8455 or e-mail email@example.com.
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