Photo Credit: Jewish Press

“But our warranty policy specifies replacing the defective part,” argued Mr. Cahane.

“The overriding principle in commerce is hakol keminhag hamedina, everything is accordance with the local commercial practice,” replied Rabbi Dayan. “While halacha provides default rules in the absence of a common practice, people conduct business with the understanding of the common practice. (See Maharsham 3:28)

Advertisement




“Thus, in a regular commercial setting, such as when buying a computer from a store that operates with normal warranty policy, the policy is binding,” concluded Rabbi Dayan. “In an informal setting, such as if one had bought the computer second-hand from his friend, we would apply the halachic rulings, since here the common commercial practice is not applicable.”


Share this article on WhatsApp:
Advertisement

1
2
SHARE
Previous articleConference of Presidents, B’nai B’rith, American Hellenic Leaders to Visit Israel, Greece, Cyprus
Next articleIn Heated Shabbat Law Debate MK Zohar Questions Left’s ‘Enlightened socialism’
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 [email protected]. 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 protected].