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The following case might perhaps be too localized however I'm asking it as a theoretical question in order to understand these laws in Choshen Mishpat and Evan HaEzer better.

A Kallah (bride) went to a Jewelry Store to have her finger sized and pick out a ring that the Chosson (bridegroom) would buy in order to use to be m'kadesh her (effect Kiddushin, the first stage of halachic marriage). She went and picked out a ring that was size 8 (for example). When the Chosson came to purchase the ring, the store owner made a mistake and gave him a ring that was a size smaller (7 in the example). He was m'kadesh his Kallah with this ring, which she later noticed was not the ring she had picked out because it was too small. Is there any problem with the Kiddushin since this in fact is not the ring that the Chosson had intended on buying or wanted to buy? Was there any halachic problem with the sale that would tell me that the ring in fact didn't belong to the Chosson and thus there would be a problem with the Kedushin? (See Evan HaEzer Siman 28 and 29.)

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  • So the groom bought a ring (that wasn't the right size) and said, "With this ring, you're m'kadesh to me." Correct? I guess the issue you're asking about is returning the ring? Otherwise, what's the problem?
    – Charles Koppelman
    Dec 17, 2012 at 15:22
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    @CharlesKoppelman Perhaps the groom never really owned it (if the sale is retroactively nullified). Perhaps her acceptance of the ring doesn't count because she thought she was accepting something else.
    – Double AA ♦
    Dec 18, 2012 at 0:08
  • Since Devorim Sheb'Lev don't count (so who cares what she thought/assumed), and Mekach To'us isn't automatic (i.e. the buyer/seller have to invoke it) so I don't see a problem. BUT: If they return the ring for a refund/replacement then I wonder if Mekach Tous is retroactive and then he was Mekadesh with a ring that wasn't his. Great question.
    – Danny Schoemann
    Jul 18, 2018 at 10:17
  • @DannySchoemann If it wasn't for Kiddushin he could always return it claiming it's מקח טעות as it IS a different size, and if so it was never truly owned. It might be a serious problem then.
    – Al Berko
    Sep 13, 2018 at 17:00

1 Answer 1

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I found a similar question here, a bit more complicated situation.

Anyway, as @danny-schoemann wrote - Mekach To'us isn't automatic, so as long the buyer don't ask to replace it there is no problem because the ring is still Shave Prutah.

Check that link for a solution in case he does want to replace it.

P.S. That is my first time I'm trying to write דברי תורה in english, wow it's hard
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