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“What about the fridge that’s still in our house?” asked Mr. Haber.

Pischei Teshuvah [207:5] writes that the Rama’s distinction is not definitive,” replied Rabbi Dayan. “It is also not clear that the Shulchan Aruch accepts it. Therefore, in the usual case where the customer in already in possession of the item, the seller cannot reclaim it from him. However, regarding the fridge, where you are still in possession you can maintain it.”


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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].