Section: Halacha Category: Tshuvos
|Shevet HaKehosi: Do You Need To Pay A Restaurant For Delicious Spoiled Food?|
Shevet HaKehosi was asked (5:277) if one needs to pay a caterer when he
ordered food for a seudah and after everyone enjoyed the meal it was
discovered that the food was spoiled before it reached the premises of
He says that although the guests thoroughly enjoyed all the food, he does not need to pay for any food that was spoiled. He compares this to a case where someone buys a piece of meat and subsequently it is revealed to be Treif Min HaTorah. There the Shulchan Aruch paskens that the money needs to be returned. The reason is because a person is disgusted at the thought of having eaten treif food.
We see from there that you can enjoy the food while eating it, but if even afterwards your are sickened at the thought that you ate something that was truly not fit for consumption and hurts your stomach, you do not need to pay since you agreed to pay for edible food and not for spoiled food.
Important Note: We try to convey the Tshuva to the best of our ability. We admit that our understanding may not be accurate. One should read the tshuva to verify the accuracy of our interpretation.