Yehuda purchased a new laptop from a computer store known for good prices and excellent service. After a short time, the screen began to malfunction. Yehuda brought the laptop back to the store. The technician found the screen was defective, and replaced it.
“We replaced the screen,” the store’s proprietor, Mr. Cahane, told Yehuda. “The computer should work fine.”
Yehuda returned home hopeful. A month later, however, the computer began to flicker on and off. Yehuda brought it back to the store. Upon examination, there proved to be a problem with the power supply. That was also replaced.
“This is very unusual,” Mr. Cahane acknowledged. “We almost never have numerous problems with the same computer. Everything should be fine now.”
Yehuda used the computer for a while, but problems continued to pop up. Yehuda brought it back to the store. The technician examined the computer thoroughly and determined there was a problem with the motherboard.
Mr. Cahane called Yehuda to notify him that they had identified the problem. “The motherboard is still under warranty, so we’ll replace it,” he said. “With that, the problems should be solved. All the other components were checked and are intact.”
“I think three strikes and you’re out,” replied Yehuda. “I’m not interested in having the motherboard replaced. I ask that you give me a brand new computer or refund my money.”
“That’s not our policy,” said Mr. Cahane. “Each of the components comes with its warranty period. If we replace the defective part, the computer should be good as new.”
“I don’t care,” said Yehuda. “This computer was defective. I bought a new computer, and expect it to work like a new one, not like a refurbished one.”
“We provided you excellent service, so that you would be pleased with your computer,” said Mr. Cahane, “but no one has ever asked to return the computer half a year later.”
“No one has had so many problems, either,” replied Yehuda.
The two decided to bring the issue before Rabbi Dayan.
“There are differences between the halachic concept of mekach taus, or mum b’mekach, and that of a warranty,” answered Rabbi Dayan. “The halachic concept of mekach taus relates to a defect that was present at the time of the sale. In this case, the sale is completely voided and the customer has the right to return the item and demand a refund. The seller cannot insist that he will repair the item and uphold the sale.” (C.M. 232:3)
“On the other hand, the warranty we commonly encounter nowadays has a dual purpose,” continued Rabbi Dayan. “It guarantees the purchased item against defects and also provides coverage for failures that arise during the warranty period. This is a kind of ‘insurance’ provided by the manufacturer. The terms of the warranty generally allow the manufacturer the option of replacing the item or repairing it.”
“Is there any concept in halacha of repairing a defective item?” asked Mr. Cahane.
“Halacha also distinguishes between a mum over, a temporary defect, and a permanent one,” explained Rabbi Dayan. “The Rosh [Responsa 96:6] was asked about a case of someone who sold a house in another city but, before the sale was completed, gentiles removed some windows and doors and dirtied the walls. He ruled that the sale remains intact, since the defect is proportionally minor and transitory. It is still called a house and can be restored, so that the seller should refund the differential necessary to restore the house to its former state.”
“However, if one of the walls was defective, the Rama writes that the customer can void the sale,” continued Rabbi Dayan. “The seller cannot insist on rebuilding the wall, since this would be panim chadashot and it is not the house that was sold. Thus, replacing an integral part of the computer would be considered mekach taus. Furthermore, someone who buys a new item expects it to be brand new, not refurbished.” (See C.M. 232:5; Nesivos, Chiddushim 232:7; Pischei Choshen, 13:3-7[7])