Mrs. Steiner had purchased a new dress for Yom Tov.
“How about accessories to wear with the dress?” suggested the saleswoman. “The dress has a matching belt that is priced separately, and we have a large selection of hats or kerchiefs that you can choose from.”
“I would be happy to get matching items,” said Mrs. Steiner, “rather than trying to find something at home that can match.”
She opted for the matching belt and chose a hat and shoes that complemented the dress nicely.
When Mrs. Steiner returned home, she removed all the labels. On Yom Tov she wore the dress, with the matching items, but there was a problem. It did not seem to fit properly.
She examined the dress after Yom Tov and saw that there was an imperfection in the fabric – clearly a defect in the manufacture.
Mrs. Steiner returned to the store. “I bought this dress before Yom Tov,” she said, “but I noticed over Yom Tov that it is defective and there is an imperfection in the fabric.”
The saleswoman looked at the dress. “You are right; the dress is defective,” she said. “We don’t have another dress of this kind, so we will grant you a refund.”
“It’s not just the dress,” said Mrs. Steiner. “I also purchased a matching belt, a hat, and shoes!”
“Was there a problem with them?” asked the saleswoman.
“No,” replied Mrs. Steiner, “but I bought them to wear with the dress.”
“You can always wear them with other dresses,” said the saleswoman. “Since they were worn, they cannot be returned unless they were defective.”
“But I don’t need them for other dresses,” argued Mrs. Steiner.
“I’m willing to check with Rabbi Dayan,” said the saleswoman.
She called Rabbi Dayan and asked, “Is Mrs. Steiner also entitled to a refund for the accessories?”
“Shulchan Aruch (C.M. 232:4) rules that when merchandise is defective, the sale can be voided entirely,” replied Rabbi Dayan. “Even if the depreciation is small and the seller is willing to refund the differential, the buyer can return the item and claim that he wants an intact item.
“Based on this, Shevus Yaakov (3:169) rules that if a person bought a bundle of 50 cloths and two proved defective, the seller can insist that he return the entire bundle, since it was purchased as a single sale (Pischei Teshuva C.M. 232:2).
“The poskim, however, point to the case of a person who sold land with palm trees, and it turned out that he did not have trees (B.B. 69b). Rambam seemingly rules that it is one sale, so the buyer can also retract from the land, whereas Rashbam seemingly rules that the two items are separate, so the sale of the land remains valid (C.M. and Rema 216:5; Sma 216:14; Taz 216:8).
“Nesivos (182:8/15) addresses at length when a sale of several items together can be upheld partially. Among other distinctions, he writes that if each item was priced separately, they are considered two separate sales and one does not affect the other.
“Mishpat Shalom (182:8) also addresses this and concludes that whether the sale can be upheld partially depends on whether the items are independent or inherently connected, and certainly if one is primary vis-à-vis the other. [Even he seemingly agrees that if the items are priced separately, they are two sales, unless evident that a person would not buy one item without the other.]
“Aruch HaShulchan (232:9) also rules that if a person bought several items and one is defective, if the items do not require each other, nor does the customer need them all, or he can readily replace the defective one – the sale of the other items remains valid. [He does not explicitly differentiate between a single price and separate pricing.]
“Nonetheless, Pischei Choshen (Ona’ah 13:10[14]) concludes that if items are from a set, such as a set of sefarim and one piece is damaged, the buyer can void the entire sale, unless the seller can replace that particular piece.
“Thus,” concluded Rabbi Dayan, “whether the accessories that are priced separately can also be returned depends on how much they are specific to the dress.”
Verdict: When several items are purchased together and one proves defective, if they are priced separately, each item is generally considered a separate sale, unless evident that the items would not be bought without each other.
