Many people are aware of the dangers of poorly manufactured Chanukah glass. Truthfully, they are not made of glass but rather a type of plastic. They are dangerous and, in this author’s opinion, should not be used on account of the danger associated with using them. If one does use them, they should be watched carefully and after the 30 minutes they should be extinguished.

This article deals with a different issue—that of possibly being allowed to return them to the store in which they were purchased.

The Shulchan Aruch (Choshain Mishpat 232:3) clearly states:

One who sells his friend land, an animal or other portable goods, and a deficiency is found in the item purchased that the purchaser was unaware of, he may return it even after many years. For this is considered a mekach ta’us, a faulty transaction. This is on condition that he did not use the item after he became aware of the deficiency. But if he used it after he observed the deficiency, he has forgiven it and he may not return it [for a refund].

The owner of the Chanukah glass, a certain Yehudah Hirsch from Jerusalem, however, claims that it was his own fault and it is probably not subject to mekach ta’us.

How so?

The instructions stated to use the metal clasp to hold the wick up higher above the middle glass. He did not do so. Instead, he inserted the wick in the glass tube itself which caused the greater intensity in heat. He claims that since he did not follow the instructions, he may not avail himself of the strict ruling of the Shulchan Aruch.

But is Hirsch correct? It seems that there were insufficient warning labels regarding this matter. It would seem that this is a common type of mistake and such a deficiency should not happen even if there is a warning sign placed. Just because there is fine print doesn’t mean that the mekach ta’us issue has been addressed.

The author can be reached at [email protected].