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Some Lomdishe Acronyms For This Thread (Feel free to update the wiki as needed.)

AYLR – Ask Your Local Rabbi
KHLH – כל המקיל לא הפסיד
IMHnrO - In My Humble non-rabbinic Opinion
MB – Mishna Berura
MM - Mar'eh Makom
MMR – Machlokes Mechaber & Rema
NM - Nafka Minah
S – Siman
SF – Se’if
SHUA – Shulchan Aruch
SK – Se’if Katan
WTM – What’s The Mekor (?)
YMMV – Your Minhag May Vary


Author Topic: All Halocha Shailos and Tiffeh Questions  (Read 1172495 times)

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Re: All Halocha Shailos and teiffa Questions
« Reply #3880 on: September 25, 2019, 04:07:11 PM »
It's like ordering a burger and they mistakenly forget to put the inside , meaning the lettuce and tomato, dressing and all. So yes you got the Berger but boy was it nasty eating it plain, same over here I enjoy ordering chicken and a side and use the side together with the main, like ketchup and french fries is ainoy domeh to fries and ketchup with fries and w/o ketchup.

 So kind of hard to make up a price.

 But I'm asking this question, primarily because I felt a bit guilty eating a meal and getting a refund for it.
The fact is that you ate the chicken. If they have a price for buying a container of rice that size then the remainder is attributable to the chicken which you did eat and should have all of the ramifications of having eaten it.
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Offline myi

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Re: All Halocha Shailos and teiffa Questions
« Reply #3881 on: September 25, 2019, 04:21:49 PM »
The fact is that you ate the chicken. If they have a price for buying a container of rice that size then the remainder is attributable to the chicken which you did eat and should have all of the ramifications of having eaten it.
Agree no less, will see what they be price a bucket of rice for.
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Re: All Halocha Shailos and teiffa Questions
« Reply #3882 on: September 25, 2019, 04:49:14 PM »
Agree no less, will see what they be price a bucket of rice for.

Learn C”M siman רל״ג especially the Rama there and the achronim. Not always are you entitled to return a product substitution if it is essentially a similar מין.

Here is a shiur on the subject especially from the 45 minute mark and on.
https://torahdownloads.com/player.html?ShiurID=1010533

Offline mmgfarb

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Re: All Halocha Shailos and teiffa Questions
« Reply #3883 on: September 25, 2019, 05:05:28 PM »
Learn C”M siman רל״ג especially the Rama there and the achronim. Not always are you entitled to return a product substitution if it is essentially a similar מין.

Here is a shiur on the subject especially from the 45 minute mark and on.
https://torahdownloads.com/player.html?ShiurID=1010533
Why is white rice and fried rice a similar מין?
I would understand if you ordered short grain white rice and they gave you long grain but this is a different dish entirely.
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Re: All Halocha Shailos and teiffa Questions
« Reply #3884 on: September 25, 2019, 05:13:04 PM »
Why is white rice and fried rice a similar מין?
I would understand if you ordered short grain white rice and they gave you long grain but this is a different dish entirely.

 It’s possible. It may depend on what the average person would accept  begrudgingly.

Offline mmgfarb

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Re: All Halocha Shailos and teiffa Questions
« Reply #3885 on: September 25, 2019, 05:20:58 PM »


People often fail to recognize the gravity of  choshen mishpat shaalos and figure that they can just wing it. They will call the rabbi to ask if they have a heter to eat on tisha bi’av due to illness, or if they can stay on a bus after shkia when they are stuck in a storm late on a winter Friday, not realizing that the $18 choshen mishpat shaalah may be more serious than the either of the above.

.
This is very true unfortunately, learning כ"מ gives you an appreciation for how careful you have to be with other people's money.

"JS [is] a fetid cesspool of unvarnished linguistic manure, with lots of useless drivel and post-padding." -Moishebatchy

Offline yitzgar

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Re: All Halocha Shailos and teiffa Questions
« Reply #3886 on: September 25, 2019, 06:51:17 PM »
so how about when I ordered a dessert on Uber eats and got a burger. Uber eats asked me if I want to wait for the new dessert and I didn’t want to wait another hour so I said no. They gave me the refund. I left the burger in the fridge and ate it the next day. You’re telling me I have to pay them for it even though I didn’t order that. (This time the mistake was by the delivery guy who probably gave me someone else’s order)
I think in that case you should probably call and ask if you can eat it. If not, yes, you may very well be liable to pay for it. You essentially are storing their burger, now that you were refunded.

Offline shaulyaakov

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Re: All Halocha Shailos and teiffa Questions
« Reply #3887 on: September 25, 2019, 06:53:51 PM »
I think in that case you should probably call and ask if you can eat it. If not, yes, you may very well be liable to pay for it. You essentially are storing their burger, now that you were refunded.
But there's no way they could take back perishable food anyway.

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Re: All Halocha Shailos and teiffa Questions
« Reply #3888 on: September 25, 2019, 07:38:28 PM »
Agree no less, will see what they be price a bucket of rice for.
Is the value the same when it is part of the package? What about chicken without rice? How much less would they charge for the chicken if they weren't sending rice with it? Maybe that is the amount you should pay them?

Bottom line is that it makes no sense for you to be making this up as you go along like you are currently doing. Just go AYLOR!
Feelings don't care about your facts

Offline yitzgar

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Re: All Halocha Shailos and teiffa Questions
« Reply #3889 on: September 25, 2019, 08:00:28 PM »
But there's no way they could take back perishable food anyway.
You mean no way they could resell it. It belongs to them

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Re: All Halocha Shailos and teiffa Questions
« Reply #3890 on: September 25, 2019, 08:15:32 PM »
I think in that case you should probably call and ask if you can eat it. If not, yes, you may very well be liable to pay for it. You essentially are storing their burger, now that you were refunded.

Actually, if the store refunded you, and is aware that the burger is in your house and makes no move to pick it up, and in fact every indication is that it is not worth their effort to pick it up so they will never do so(the finder of an aveida has no chiyuv to bring it to the owner, merely to let the owner know where he can claim it) it may very well be Aveida midaas and muttar to eat.

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Re: All Halocha Shailos and teiffa Questions
« Reply #3891 on: September 25, 2019, 10:28:29 PM »
Actually, if the store refunded you, and is aware that the burger is in your house and makes no move to pick it up, and in fact every indication is that it is not worth their effort to pick it up so they will never do so(the finder of an aveida has no chiyuv to bring it to the owner, merely to let the owner know where he can claim it) it may very well be Aveida midaas and muttar to eat.
I hear the tzad. But I wouldn't assume that it's muttar. At the very least, ask a shaila

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Re: All Halocha Shailos and teiffa Questions
« Reply #3892 on: September 25, 2019, 10:29:35 PM »
I hear the tzad. But I wouldn't assume that it's muttar. At the very least, ask a shaila
+1
Bottom line is that it makes no sense for you to be making this up as you go along like you are currently doing. Just go AYLOR!
Feelings don't care about your facts

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Re: All Halocha Shailos and teiffa Questions
« Reply #3893 on: September 25, 2019, 10:40:04 PM »
I hear the tzad. But I wouldn't assume that it's muttar. At the very least, ask a shaila

If you think there is a possibility that it is still assur you may as well pick up the phone and call the store and ask if they want it or if you can eat it rather than calling the Rav.

Offline yitzgar

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Re: All Halocha Shailos and teiffa Questions
« Reply #3894 on: September 25, 2019, 11:04:12 PM »
If you think there is a possibility that it is still assur you may as well pick up the phone and call the store and ask if they want it or if you can eat it rather than calling the Rav.
That was actually what I said earlier. I was responding to someone saying it's an aveida midaas

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Re: All Halocha Shailos and teiffa Questions
« Reply #3895 on: September 29, 2019, 09:08:18 AM »
Is there supposed to be a yartzeit licht on at home over Rosh Hashana ?

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Re: All Halocha Shailos and teiffa Questions
« Reply #3896 on: September 29, 2019, 10:07:31 AM »
Is there supposed to be a yartzeit licht on at home over Rosh Hashana ?
It's just a convenience for lighting from an existing flame. If your stove is on anyway, there's no need.
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Re: All Halocha Shailos and teiffa Questions
« Reply #3897 on: September 29, 2019, 12:32:46 PM »
It's just a convenience for lighting from an existing flame. If your stove is on anyway, there's no need.
Just be careful about dripping wax all over your stove. It can be a big pain and will smoke up.
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Re: All Halocha Shailos and teiffa Questions
« Reply #3898 on: September 29, 2019, 12:49:28 PM »
Always wondered about thel 11 total. For everything else you  need 10 in the room. But that's for a different thread

They are dayanim. You cant have the defendant as part of the judges.
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Re: All Halocha Shailos and teiffa Questions
« Reply #3899 on: September 29, 2019, 04:22:28 PM »
Is there a inyan to use the knife over Yom Tov or just to buy it ?