Aharon and Ayelet were getting married the night after Chanukah. The preparations were completed, and the couple waited excitedly for their wedding.
The day before the wedding, Aharon asked his father: “What about bentchers?”
“I wondered about that,” said his father. “We can still order them today.”
“It would be nice,” said Aharon. “This way, we have a reminder every Shabbos of our anniversary!”
“Then order 100 bentchers,” said Aharon’s father. “Speak with the printer quickly, because we must pick them up tomorrow morning.”
Aharon spoke with the printer. “We are getting married tomorrow,” he said. “Can we have a rush order of 100 bentchers with our names and the date on them? We need them tomorrow morning!”
“We can do a rush job,” the printer said. “Send me the details.”
Aharon sent the printer their names and the date: Thursday, January 2; 3 Teves 5785.
The printer was puzzled. “This year, Thursday, January 2 is 2 Teves,” he mused.
He tried calling to clarify, but Aharon did not answer. It was already late afternoon, and the bentchers had to be printed. The printer changed the date, and printed 2 Teves 5785.
The following morning, Aharon’s picked up the bentchers. “2 Teves?!” he exclaimed. “I told you 3 Teves!”
“But today is 2 Teves,” said the printer. “I tried reaching you yesterday, but you were unavailable. Because it was a rush job, I corrected the Hebrew date.”
“But we’re getting married at night, so the Hebrew date is 3 Teves,” explained Aharon. “Now the date is wrong!”
“I’m very sorry,” said the printer, “but it’s too late now to print new bentchers. Decide whether you want them or not.”
“I’ll take them,” said Aharon. “It’s better than nothing. We’ll talk about payment later.”
Aharon called Rabbi Dayan and asked, “Can I demand a partial refund since they printed the date wrong?”
“The Mishna (B.K. 100b) addresses the case of a worker who did inferior work, or changed it in a detrimental manner, such as a wool-dyer who dyed the wool with poor-quality dye or the wrong color,” replied Rabbi Dayan. “According to Rabi Yehuda, the employer who gave him the wool pays a lesser price, but cannot demand that the worker keep the improperly dyed wool and return fresh wool instead (C.M. 306:3).
This applies, though, when the employer provides the base material, which is meant to be returned, and the worker is paid primarily for his labor or improvement of the base material. However, when the worker provides all the material, such as when someone who ordered wool of a certain color, the worker is essentially selling the finished product to the employer, so that the issue is not one of inferior labor, but rather one of defective merchandise or mekach ta’us (erroneous purchase) (Pischei Choshen, Sechirus 13:[44]).
In a case of defective or erroneous merchandise, the customer can refuse to accept the merchandise altogether, and return it for a full refund (C.M. 232:3).
However, if the customer wants to keep the defective merchandise despite the defect, he cannot demand that the seller reduce the price on account of it. The seller can insist that the customer either accept the item as is or return it for a full refund (C.M. 232:4).
Therefore, in this case, you may refuse to accept the bentchers, but if you choose to keep them, despite the wrong date, you may not insist that you pay less. Of course, you can reach an arrangement with the printer, who likely will agree to reduce the price because of his error.
Normally, the printer requires approval of the proof. If the customer OK’d the proof, even if he overlooked an error, he would have to accept the item, because then the printing was done according to his approval.
“I will say, though,” concluded Rabbi Dayan with a grin, “that while the printer confused his beis and gimmel, there’s no doubt that you’re a couple that is alef, alef, alef!”
Verdict: When a worker does defective labor, the employer may demand to pay a lesser fee. However, when something specific was ordered, the customer may choose whether to accept the defective item or not, but may not demand to pay a lesser price for it, other than by voluntary agreement.
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This article is intended for learning purposes and cannot be used for final halachic decision. There are also issues of dina d’malchusa to consider in actual cases.
