Common Practice on Unresolved Halachic Issues
Q. Can minhag hamedinah be utilized to resolve questionable halachic issues?
A: There is a halachic dispute whether a customer can make a claim of defective merchandise for damage that is readily noticeable.
Maggid Mishneh (Hil. Mechirah 15:3) rules that the customer forfeits his claim in such a situation, since he didn’t bother to check; other Poskim disagree. This dispute is not fully resolved among the Poskim (see Sma 232:10; Pischei Teshuvah 232:10).
Nonetheless, several Acharonim write that in places where the civil law is that the customer cannot claim defective merchandise under such circumstances, or if there is a time limit for claims of defective merchandise, and most of the city people follow the civil law, this establishes a valid dina d’malchusa or minhag hamedinah. Thus, even if the halachah is not according to the Maggid Mishneh, it is like people accepted upon themselves to follow this opinion (Maharsham 3:128; Maharshdam Y.D. 101, 182; Chazon Ish, Likutim C.M. 16:1).
