Rabbi Goldstein Daily Halacha shulchanaruchharav.com
Mekach Ta’us in Halacha: When Can a Buyer Cancel a Sale and Receive a Refund?
Nov 4, 2026 · 10 min · 6 segments
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Rabbi Goldstein Daily Halacha shulchanaruchharav.com
Nov 4, 2026 · 10 min · 6 segments
Although it's clear ruling in the Shulchan Aruch, in chapter 189 in Cheshen Mishpat, that once a Kenyan has been made on a product, no party can retract from the sale.
In the event of a Mekachtos, one may do so.
as stated in the Rambam Hilchas Mechira chapter 15 and the Mechabrin L'shochanochei Shunishba chapter 232.
There is no statute of limitations on making a claim on Mekachtos, and hence, even if discovered many years later, one can still ask for a full refund.
So writes the Mechad ben Cheshon Mishpah 2.32 Elocha 1 and 3.
One is entitled to ask for a full refund and not simply for a lower price.
Meaning the seller can't say, okay, I'll take off $10 or $100 because of the defect.
You have a right to ask for the full money back.
With that said, you have a right to demand cash versus store credit.
And he can't just say, I'll give you credit to the store for the purchase value.
Now, what is the definition of a defect? So, a defect is defined according to the agreement between the parties and accepted commercial practice.
So is evident from a number of halachas, including in the Mechab in the Shulchan Aruch, chapter 232, halacha 6-7.
We follow that location and mark it for determining what is sufficient grounds for returning the item.
A purely personal objection that ordinary rabbis would find insignificant.
does not invalidate the sale.
And the fact that the buyer was unaware is his problem.
Now, what if the seller was unaware? He himself got gypped by the supplier.
He didn't know it had a defect.
Can he tell the buyer, go speak to my supplier who also did a mechachtos on me? The answer is no.
It's explicit ruling in the Shulchan Aruch chapter 232, halacha 3, that even when a supplier supplied the product that has a defect that can be returned to Tomek Akhtos, the seller must provide a refund, and he can then take it up with his supplier.
And you cannot push the buyer to take it up with the supplier directly.
Regarding proof of defect, as all laws in Cheshon Mishpat, the burden of proof to extract a refund is on the buyer.
He must prove that the defect existed when the sale took place.
If it's possible it took place afterwards and he cannot prove it, he cannot demand a refund for the defected product.
Although it's clear ruling in the Shulchan Aruch, in chapter 189 in Cheshen Mishpat, that once a Kenyan has been made on a product, no party can retract from the sale.
In the event of a Mekachtos, one may do so.
as stated in the Rambam Hilchas Mechira chapter 15 and the Mechabrin L'shochanochei Shunishba chapter 232.
There is no statute of limitations on making a claim on Mekachtos, and hence, even if discovered many years later, one can still ask for a full refund.
So writes the Mechad ben Cheshon Mishpah 2.32 Elocha 1 and 3.
One is entitled to ask for a full refund and not simply for a lower price.
Meaning the seller can't say, okay, I'll take off $10 or $100 because of the defect.
You have a right to ask for the full money back.
With that said, you have a right to demand cash versus store credit.
And he can't just say, I'll give you credit to the store for the purchase value.
Now, what is the definition of a defect? So, a defect is defined according to the agreement between the parties and accepted commercial practice.
So is evident from a number of halachas, including in the Mechab in the Shulchan Aruch, chapter 232, halacha 6-7.
We follow that location and mark it for determining what is sufficient grounds for returning the item.
A purely personal objection that ordinary rabbis would find insignificant.
does not invalidate the sale.
And the fact that the buyer was unaware is his problem.
Now, what if the seller was unaware? He himself got gypped by the supplier.
He didn't know it had a defect.
Can he tell the buyer, go speak to my supplier who also did a mechachtos on me? The answer is no.
It's explicit ruling in the Shulchan Aruch chapter 232, halacha 3, that even when a supplier supplied the product that has a defect that can be returned to Tomek Akhtos, the seller must provide a refund, and he can then take it up with his supplier.
And you cannot push the buyer to take it up with the supplier directly.
Regarding proof of defect, as all laws in Cheshon Mishpat, the burden of proof to extract a refund is on the buyer.
He must prove that the defect existed when the sale took place.
If it's possible it took place afterwards and he cannot prove it, he cannot demand a refund for the defected product.
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