For years, Mrs. Lieber had been buying Super Kosher Chickens. The quality was good, the kashrus supervision reliable, and the price reasonable.
This past Shabbos, Mrs. Lieber decided to roast the chicken whole. She put it in a roaster and popped it in the oven. She checked it before Shabbos. “Looks perfect!” she declared. “Can’t wait to taste it!”
On Friday night, Mrs. Lieber opened the roaster. She took out the carving knife and began to cut the chicken into quarters. “Something is strange,” she remarked. “The inside isn’t cleaned out properly.”
In the hollow of the chicken were different organs. “This looks like the liver!” Mrs. Lieber exclaimed. “And this like the heart!” She called over her husband.
Mr. Lieber looked at the pieces. “I’m afraid you’re right,” he said. “The chicken was salted and then roasted with the liver and heart still intact inside. We can’t eat the chicken; it’s treif!”
“How can the store sell such chicken?” she asked.
“There must have been a fluke in the production line,” said Mr. Lieber. “These cases are rare, but can happen.”
“I can handle the lost chicken; we have enough other food,” said Mrs. Lieber. “I’m worried mostly about the roaster. It is expensive and difficult to replace.”
“From what I learned, whether the roaster became treif and whether it can be kashered depends on a few factors,” replied Mr. Lieber. “Among them: whether the chicken was roasted with liquid; whether there was more than one chicken in the roaster; what the roaster was made from. I’ll have to ask the rabbi about it.”
“The store should reimburse us for the chicken,” said Mrs. Lieber. “Also the roaster, if it can’t be kashered.”
“There is a shiur tonight with Rabbi Dayan,” said Mr. Lieber. “I can ask him that.”
After the shiur, Mr. Lieber approached Rabbi Dayan and related what happened. “Is the store liable for the chicken, and the roaster if it can’t be kashered?” he asked.
“The store owes you a refund for the chicken,” answered Rabbi Dayan. “However, it is not liable for the roaster.”
“Why is that?” asked Mr. Lieber.
“An improperly salted chicken is defective merchandise,” explained Rabbi Dayan. “You were sold something unkosher, so the store owes you a refund.” (C.M. 232:11)
“It’s not really their fault, though, that the chicken was defective,” noted Mr. Lieber. “It’s the slaughterhouse’s fault.”
“Even so, since the store sold you the chicken they are liable,” replied Rabbi Dayan. “They have a claim, in turn, to the supplier of the chicken.” (Rama C.M. 232:18)
“If so, why is the store not liable for the roaster?” asked Lieber. “They caused it to become treif!”
“That damage is indirect, grama, for which one is not halachically liable,” replied Rabbi Dayan. “For example, someone who sold seeds that turned out defective does not have to pay the customer for the incurred labor costs in planting them. When the damage was unintentional, as here, there isn’t even a moral obligation.” (Sma 232:46; Pischei Choshen, Ona’ah 13:23-26)
“Furthermore, the damage is not necessarily related to them, since sometimes the roaster does not become treif or can be kashered,” added Rabbi Dayan. “In addition, some people use disposable aluminum roasters and the chicken could have been cut before cooking.”
“However, if the seller knew the merchandise was defective and that the buyer would incur additional costs, many say he is liable as garmi – directly caused damage – ” concluded Rabbi Dayan. “For example, someone sold merchandise knowing the buyer would transport it. If the seller knew the merchandise was defective and nonetheless sold it, he is liable also for the wasted transportation costs. If the seller was not aware that it was defective, though, he is not liable for the additional costs, as we mentioned.” (C.M. 232:21; Gra 232:35)