Question:
I bought an ice maker, went through the whole process of selling it to a goy and borrowing it back to avoid tevilas keilim. When I bought the item, I also got a warranty in case it broke. It ended up breaking, and I applied for the warranty. The way it works is that if they have more in stock, they send another one, but if not, they give me a refund. They gave me a refund. My questions are:
1) Was I able to use the warranty after I sold it to the goy?
2) Now that they gave me the money back, who is entitled to the refund, me or the goy?
3) Am I a shoel who would be patur if the item breaks under normal usage, and is the goy still connected to it now?
4) Would there have been a difference if they had given me a new item instead of the refund?
5) Can you please explain how the whole goy thing works in general on a simple level?
Answer:
Hello,
The refund or exchange is yours, not the goy’s. You sold him the ice maker, not the warranty for the ice maker; therefore, those rights are yours.
Regarding the shoel aspect, since it is “lent to you to use as long as you want and in any condition that the item will be in,” you don’t have to worry about it breaking.
The idea of selling the appliance to a goy is because we are afraid to actually tovel the appliance, which has a digital chip that can break. One solution to this issue is that the obligation to tovel a utensil applies only if it is now under the ownership of a Jew, but not if it is owned by a gentile. Therefore, some poskim suggest that we sell it to the gentile for a few cents and “borrow” it for long-term use.
Best wishes
