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mekach ta’us?

Question:

I hired a sofer to write a Torah. I ordered based on seeing a sample of his writing. The klaf size I requested was 4cm shorter than his sample size. While I expected there may be a slight drop in quality due to the smaller size, it turns out that there was a very significant drop. The sofer admitted he had a hard time with this size and was well aware of the lower quality but never said a word. This is a very experienced sofer and I’m confident he was capable of writing at a level closer to the approved sample. I don’t think he put in the effort and took the easier way out by falling back on old habits of writing faster and more simple (as he had been doing just a few years earlier.The sofer is agreeable to whatever conclusion I come to and obviously I want to be fair. Frankly, I think I’m entitled to claim mekach ta’us but would suffice with paying a fair market price. Would it be fair to deduct from the final payment so he’ll have been paid a fair market value? (Which is likely around 10000NIS less, a final determination to be made once I consult with a few experienced dealers.)

Answer:

Answer from Horav Y. Fleishman shlit”a

 

If everything you say is true-that sounds good since you are paying what he deserves.

 

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