- Question: If a person sells an ox to his friend and it is found to be a treifa why is it a faulty sale (mekach ta’us), maybe it will live, who cares if most of them will die, there is a halachic rule that we don’t go by the majority when it comes to monetary cases?
The answer is not like the Hafla’ah said in Kesubos 15b that once we rely on a majority to answer a prohibition question then we can use that majority to answer a monetary question, meaning because the majority will say whether it is kosher or not it can now poskin whether it is a mekach ta’us (faulty sale). The reason why this answer does not hold up is because many halachic authorities disagree with it.
The halacha of mekach ta’us (faulty sales) is dependent on the will or mindset of a person
Answer: We can assume that a person does not want or agree to buy an animal which is now a treifa since most of the time it will die and only the minority will stay alive.