Using Replaced Washing Machine Under Warranty

I had my old washing machine replaced with a new one because it was under guarantee. However the new one did not have a specification which we asked for explicitly and which was on the old one. It took them two weeks to replace. They were willing to exchange (mekach ta’us). However, they can only deliver it next week. We asked them if we could use the one delivered meantime since we have an enornous heap of laundry, they said no. May we use it? Using it does not affect it’s value since it was used once already and is no longer intact. (not Jewish.)

Answer:

If the company doesn’t allow you to use the machine, it is not permitted to make use of it.

Although there is a dispute concerning the question of shoel she-lo mi-daas with regard to a non-Jew, this will not apply here, where the company told you explicitly that they don’t permit you to use the machine. In any case, as you rightly mentioned, this will involve a safek de-oraisa.

However, if the legal aspects of the guarantee are such that the company is obligated to provide you with the machine by a certain date, this might give you permission to use the machine, and it is possible that the company doesn’t have the right to refuse this.

Sources:

Concerning the question of usage, see Avnei Nezer, Orach Chaim 44; Darchei Choshen 260:1; Pischei Choshen, Geneivah 1:3; however, where permission is explicitly refused, there is certainly no permission to do so.

Best wishes [Good to hear from you, and sorry for delay in replying. Y.]