Soncino English Talmud
Bava Batra
Daf 95a
In that case [the seller explicitly] said to him, '[I sell you an area of a kor] more or less'; but a quarter [of a kab] is of no importance; more than a quarter, is of importance, because, since [in the area of a kor, the quantity may be combined into nine kab, they form an important independent field which must be returned. [But in the case of the refuse in produce, even if it amounted to more than a quarter of a kab per se'ah, only the surplus might have to be returned but not the quarters]. Come and hear! [We learned]: [If] the overcharge is less than a sixth, the purchase is valid; [if it is] more than a sixth, the purchase is cancelled; [if it is] a sixth, the sale is valid but the overcharge must be refunded. Now, should [not a part of the overcharge] be returned [so as to reduce it] to less than a sixth? [But since the law is not so] it may be inferred [that] wherever [a part] is to be returned, all must be returned. [Is not this, then, a confirmation of R. Huna's statement?] What a comparison! There, one spoke to the other of equal values from the very beginning; only. [since] less than a sixth is not noticeable, a person does not mind to forego it; a sixth, [however], [since it] is noticeable, one does not forego; [while] more than a sixth is a purchase based on error and is to be entirely cancelled. Come and hear! [It has been taught:] [If] one undertakes to plant another's field, [the owner] must accept ten failures for every hundred trees. [If the failures are] more than this [number], [the re-planting of] all is imposed upon him. [Is not this a confirmation of the statement of R. Huna?] — R. Huna, the son of R. Joshua. said: [The two cases cannot be compared. for] wherever [there are] more than this [number of trees] it is the same as if one began to plant [a new field]. A CELLAR OF WINE, etc. How is this to be understood? If [it means that] the seller said to the buyer. '[I sell you] a cellar of wine', without specifying which cellar, there is a difficulty; [and] if [it means that] he said to him, 'this cellar of wine', there is [also] a difficulty; [and] if he said to him, 'this cellar', there is [again] a difficulty. For it has been taught: [If one says]. 'I sell you a cellar of wine', he must give him wine all of which is good. [If one said]. 'I sell you this cellar of wine', he may give him such wine as is sold In the shop. [If one said]. 'I sell you this cellar', the sale is valid even if all of it is vinegar. [How. then, is the Baraitha to be reconciled with our Mishnah?] [Our Mishnah], in fact, deals with the case where [the seller] said to him ['I sell you] a cellar of wine', without specifying which cellar, but read in the first clause of the Baraitha [as follows]: ['He must give him wine all of which is good']. but [the buyer] must accept ten [casks of] pungent wine for [every] hundred. Must one, however, accept [ten casks of pungent wine] when the cellar was not specified? Surely R. Hiyya has taught: [If] a person has sold a jug of wine to another, he must give him wine all of which is good! A jug is different, because it contains [only] one [kind of] wine. Did not, however, R. Zebid of the school of R. Oshaia recite: [If the seller says]. 'I sell you a cellar of wine', he must give him a wine all of which is good; [if he says], 'I sell you this cellar of wine', he must give him wine all of which is good and [the buyer must] accept ten casks of pungent wine for [every] hundred.
Sefaria
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