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Returning shmitta produce to non-Jewish store

Question:

A Gutten,

Could I trouble you please to give me clarity in this inyan.

Currently Tesco UK are selling Israeli Shmitta Avocados, which means that buying them would be ossur due to the איסור of סחורה.

If I make an order to the house or do a click and collect, I have the option of returning an item to the driver when he delivers or at the click and collect point.
If I order avocados and if they are Israeli I’d return them to the driver, is that considered as doing double סחורה, i.e. 1 from the store, then 1 selling back to the store, or have I prevented the איסור סחורה from taking place altogether ?

Regarding the card payment, the credit card is charged at the time that the order is packed in store and checked out – at the time that the order cannot be amended any more. However on the credit card statement, it shows that the payment is pending and only goes out of my account on the next day.

Does this have a bearing on the halocha, meaning that as long as the payment hasn’t gone through, I have not yet bought the item, in which case I could prevent the issur from taking place. Or does the fact that Tesco will charge the full price of the order and in a separate transaction refund the return, indicate that the sale is to take place even if I return the avocado before the payment goes though ?

If one can return it before the payment goes through, would this allow me to return it even in store ?
Thank you

 

Answer:

Returning the merchandise can indeed be considered doing business with the avacados that you bought from them. Even though you technically can get your money back, however regarding the issur sechora, a transaction was done. Therefore, the safest thing to just leave it at home and let it rot. In truth there is room to say that it is a mekach taus, however this will depend on a number of factors. The degree that we don’t consider heter mechira? Are the avocadoes considered shamor vne’evad? Is shamor vneved assur to eat? Is it already after the zman of biur?

Since it is so complicated, your best off not selling it back, and just leave it.

Best wishes

 

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