A sale is made by count: 100 nuts for one dinar. It is later discovered that only 99 nuts were given. What is the remedy and when must it be claimed?
Unlike price-based ona'ah, measurement/count errors have no minimum threshold and no time limit. Even the smallest shortfall must be corrected, even years later — such a kinyan was made in error.
Question 2
A buyer discovers a hidden defect in an item he purchased. He uses the item for several days after seeing the defect, then seeks to return it. May he return it?
Continuing to use an item after discovering a defect constitutes waiver (mechilah). The right to return exists only as long as the buyer has not used the item after discovering the blemish.
Question 3
A seller lists four defects his cow has — blindness, lameness, biting, crouching. The cow is only lame and biting (not blind). Is this mekach ta'ut?
If the seller listed defects the cow DOES have and some happened to be absent, this is not mekach ta'ut. However, if the seller listed defects the cow does NOT have — creating false confidence — and a different unlisted defect exists, that IS mekach ta'ut.
Question 4
A purchased servant is discovered to have a foul odor from his mouth. Can the buyer return him on these grounds?
Foul breath is classified as a simpon — a defect that does not prevent the servant from working. Since servants are purchased to perform labor, not for personal intimacy, non-work-impairing defects do not justify return.
Question 5
A servant is discovered to be an armed robber. Can the buyer return him?
Being an armed robber is a disqualifying defect because the ruling authorities will seize and execute him — his entire value is destroyed. This is clearly beyond normal servant vices which are assumed to exist in all servants.