In issue #34 of Business Weekly, there was a question from a woman who purchased a sheitel at a sale. After having it cut by a sheitel macher, she received a call from the seller that the wig, which should have been sold at full price, was erroneously sold as a sale item. The article dealt with the issue of whether the customer is obligated to pay the full value of the sheitel. Your ruling was that this was a mistaken transaction (mekach taus) and the sheitel can be returned for a refund.

Q: I have a follow-up question: is the seller obligated to reimburse the money that the customer spent on the cut?

A: Thank you so much for the feedback. That article generated a stronger response than any other article we have published, and most of the responses related to the question you have raised.

Shulchan Aruch (232:21) discusses the case of one who sold damaged merchandise to someone who transported it to another location. After the goods were transported, it was discovered that the merchandise was damaged. Shulchan Aruch rules that if the merchant was aware of the damage when he sold the goods, he is obligated to pay. He is exempt from liability if he was unaware of the damage at the time of the sale (see Mishpat Shalom 232:20 and Imrei Binah Hilchos Dayanim 21, who quote opinions that even if the seller was aware of the defect, he is exempt from liability).

The rationale behind these rulings is that the expenses incurred by the customer transporting the merchandise are categorized as garmi – indirect damage. If one intentionally causes damage that is categorized as garmi, he is liable, but if one unintentionally caused damage categorized as garmi, he is not liable.

Accordingly, if the seller knew she was selling a sheitel that was actually not on sale, she would be liable to reimburse the customer for the expense of cutting the sheitel. If, however, the seller did not realize she was selling the wrong wig, she would not liable to reimburse the customer for the expense of cutting it.

An additional factor must be considered. Shulchan Aruch (232:14) rules that if someone purchased merchandise and improved it – thereby increasing its value – before the defect was discovered, the customer must be reimbursed for increasing the value of the merchandise (see Sema 32 for how this is calculated). Accordingly, if the customer increased the value of the sheitel by having it cut, she receives reimbursement for increasing the value of the sheitel.