By Rabbi Yair Hoffman for 5tjt.com
Many people are aware of some the dangers of poorly manufactured Chanukah glass. Truthfully, they are not made of glass but rather a type of plastic. They are dangerous and, in this author’s opinion, should not be used on account of the danger associated with using them. If one does use them, they should be watched carefully and after the thirty minutes they should be extinguished.
This article deals with a different issue – that of possibly being allowed to return them to the store in which they were purchased.
The Shulchan Aruch (Choshain Mishpat 232:3) clearly states:
One who sells his friend land.. or an animal, or other portable goods, and a deficiency is found in the item purchased that the purchaser was unaware of, he may return it even after many years. For this is considered a Mekach Ta’us – a faulty transaction. This is on condition that he did not use the item after he became aware of the deficiency. But if he used it after he observed the deficiency, he has forgiven it and he may not return it [for a refund].
The owner of the Chanukah glass, Yehudah Hirsch from Jerusalem, however, claims that it was his own fault and it is probably not subject to Mekach Ta’us.
How so?
The instructions stated to use the metal clasp to hold the wick up higher above the middle glass. He did not do so. Instead, he inserted the wick in the glass tube itself which caused the greater intensity in heat.
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But is Yehudah Hirsch correct? What if there were not sufficient warning labels? It would seem that this is a common type of mistake and such a deficiency should not happen even if there was a warning sign placed.
The author can be reached at [email protected]
** There is a Yesoma who, boruch Hashem, just got engaged. If anyone would like to assist in making her chasuna please donate here or contact the author.**
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9 Responses
BTW I read on Facebook that the woman who’s pladtic Menorah cups melted didn’t follow product instructions that only the wick which comes with it should be used. She used u bigger different wick that causes high temperature
You live on hate and on to ruin a company!!! Shame on you
I’ve been using these plastic cups for a few years now and I haven’t had any problems they come with a metal tube to insert a standing wick by doing so you are keeping the flame in the middle and on top at all times. The picture above does not look too real, if you use the candles the right way with the tube and wick that they come with you shouldn’t have a problem
I have not gotten my hands on a set, but as far as their packaging goes and their website, I did not see even the slightest references to any cautionary usage. Perhaps they have an instruction sheet included inside the packaging. However, being that there is clearly a potential fire hazard, I find it extremely irresponsible that they don’t at the very least print on the front of their packaging “Use Responsibly”, “Safe when used correctly”, or at the very least “Instructions Inside”. I can only conclude that they fear that people won’t purchase the item if there is any fear of a fire hazard mentioned. Regardless, it appears to me that they are putting their financial gain in front of people’s safety. This is shameful and shows a lack of Yiras Shamiyim in my mind!
I just looked at box from lapid-or and they have warnings on the box in ivrit
I like this company and at the same time agree that this particular product should not be used due to safety concerns. The other products produced by this company are wonderful and I buy them.
I spent a little more to get prefilled glass cups. Not worth risking a fire using plastic prefilled oils or plastic yartzeit candles.
Repeat after me—never burn oil or candles held in plastic cups. This became obvious and well-known years ago. Makers and sellers of such hazards should have stopped then.
I do not understand the preference for oil. Even if the cups are good, the risk of spillage and fire seem greater than the risks that come from knocking over candles. The mitzvah to protect life seems more important than the minhag of burning oil.
And what about electric lights? Does one fulfill the mitzvah to light a hanukeah by using light bulbs and electricity?