By Rabbi Yair Hoffman for 5tjt.com The following is a true incident.  The names and genders may have been changed to protect the innocent. Regardless, there is much halacha that may be learned here.  Remember:  The aim of the yavanim was lehashkicham Torasecha – to cause us to forget Torah.  We should, therefore, always look at the world through Torah eyes. THE BIRTH OF THE JELLY DONUT The dough is made and then put in the machine.  The machine spits out identical balls of dough, the same size and weight.  The baker puts the balls of dough on wooden pallets and places them in the proofer.  From the proofer, the semi-baked doughnuts are then put in the fryer.  The baker then injects the jelly into the side or top of the donut. This is how it happens in its ideal form – in a perfect world.  Sometimes, but very rarely something else happens.  Sometimes, he will miss one of the donuts in the column or row.  It will not get the injection of jelly. WHAT HAPPENS WHEN YOU PURCHASED IT? When one purchases this rare, unjellied jelly donut it is known as a mekach ta’us – an erroneous transaction. This means that the person who buys an item, any item has a legitimate right to expect that the item should be free of any significant blemish or defect. Since this is true, the buyer has the right to declare the sale to be null and void.  He also has the option to retain the validity of the sale.  All this is found in the Rambam, Hilchos Mechira 15:6, and in the Chosahin Mishpat section of the Shulchan Aruch (232:7). Since the buyer is requesting a refund, the seller should refund the donut cost because it was a faulty sale. ** There is a Yesoma who boruch Hashem just got engaged.  If anyone would like to assist in making her chasuna please donate here or contact the author.** PROTOCOLS OF THE REFUND Now let us say that you entered into the bakery and purchased that jelly donut for Chanukah.  The donut is defective – it is missing the jelly.  You decide to send in your son, who just got his driver’s license. The woman behind the counter says to him, “I am sorry, but you must bring in the plain donut first in order to get a refund.” Your son argues, “Look, you should have checked it out before you put it in the display as a jelly donut.  And what do you want me to do?  I should bring in a half-eaten donut that is missing its jelly?” She responds, “Yes – bring it in.” Who is correct?  With whom does the Halacha lie? ANSWER MAY BE IN A MISHNA It seems that the Mishna in Bava Basra (92a) may indicate the answer.  The Mishna tells us that if one sells produce to someone else and it is planted but they do not grow, the seller is not responsible to refund the money.  Rabbi Shimon Ben Gamliel says that if one sold inedible planting seeds and they do not grow, the seller is responsible for them. ISN’T THIS OBVIOUS? The Shita Mekubetzes quotes the Ran who asks:  Isn’t this patently obvious?  Why would anyone assume otherwise, it is clearly a case of […]

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