Buyer beware TB Ketubot 58

As previously explained, back during Talmudic times a year separated betrothal and marriage in the case of a virgin bride. According to the Torah the groom is obligated to provide sustenance for the bride from the time of betrothal even though she remained in her father’s house. However, the rabbis instituted that the husband was only obligated to begin providing this substance at the time of marriage. What happens after the year has elapsed, but the groom has not married the bride yet? Is he still liable for her sustenance?  The answer is generally yes. The Gemara sharpens the question by investigating a case when the bride is an Israelite betrothed to a kohen and the marriage is delayed? May she eat teruma? The rabbis ordained that even though the year has elapsed, she still may not eat teruma.

“Rav Shmuel bar Rav Yehuda said: The reason for the rabbinic decree is due to abrogation [simfon], cancellation of the contract. It may become known after the betrothal that she has blemishes that can retroactively annul the betrothal, and it would then become apparent that she had partaken of teruma unlawfully.” (Sefaria.org translation)A non-kohen absolutely under no conditions may eat teruma and the penalty for this transgression is death by the hands of heaven.

Today’s daf TB Ketubot 58 discusses that simfon simply does not apply when purchasing a Canaanite slave. “The Gemara answers: There is no abrogation with regard to slaves, since no type of defect could cause the cancellation of the transaction. The reason for this is that if the defect is external, then he sees it at the point of sale and accepts it. And if the defect is internal, since he needs him for labor, concealed defects do not concern him. With regard to other types of defects, e.g., if he was discovered to be a thief or a gambler [kuvyustus], it has come to him, meaning that the seller has caught the buyer in a binding transaction, and he cannot annul the sale due to this kind of defect, as these characteristics are common in slaves.” (Sefaria.org translation) Although I am absolutely not promoting slavery of any kind, the underlying concept of this sugiyah is caveat emptor or buyer beware. When purchasing anything, the buyer must do his due diligence to ensure that there is no blemish or defect in the item.

“The doctrine of caveat emptor means "buyer beware." It basically conveys the message that the buyer must protect his or her own interests when making a purchase or transaction. The phrase is often used in real estate transactions, but it can apply to other goods and some services as well.

What is the Doctrine of Caveat Emptor?

“In general terms, the amount of available information among a buyer and seller of any item or property has always leaned more to the seller's side. After all, they know much more about the item's history, condition, and suitable purposes than the buyer.

“The doctrine of caveat emptor was created to resolve issues between sellers and buyers in instances where a buyer was not happy with the item's condition after purchasing it. Thus, under caveat emptor, the buyer in an agreement for the sale of a particular item agrees to buy it at their own risk regarding the condition or quality of the item. This excludes instances of fraud, or when a relative condition is determined in the contract itself.

“In other words, the buyer cannot make a claim against the seller if the item is revealed to be defective or unsuitable for the intended purposes, or if the buyer mistakenly evaluates the condition of the item.

“It is the buyer's responsibility to examine the item or property and evaluate the condition or quality of it. At the time of the transaction, the buyer must ensure that the item is suitable for their needs. In general, items are purchased once the buyer confirms their quality and purpose. Therefore, the buyer purchases at their own risk and to their best judgment. Ultimately, if the items are not sufficient for the buyer's needs, there is nobody else to blame. The buyer must deal with the consequences of their selection.” (https://www.upcounsel.com/the-doctrine-of-caveat-emptor-means)

What was true back in the Gemara remains true for us today! Buyer beware!