Soncino English Talmud
Bava Batra
Daf 98a
THAT IS SWEET I AM SELLING YOU, HE IS RESPONSIBLE FOR ITS PRESERVATION UNTIL PENTECOST. AND [IF HE SAID, 'I SELL YOU] OLD [WINE.' HE MUST SUPPLY WINE] OF THE PREVIOUS YEAR; [IF] VERY OLD [WINE.' HE MUST SUPPLY WINE] OF THREE YEARS STANDING GEMARA. R. Jose, son of R. Hanina, said: [The law in] our Mishnah is applicable only [to the case where the wine is] in the jugs of the buyer, but [where it is] in the jugs of the seller [the former] can say to him, 'Take your wine and take your jug'. But what matters it [even] if the jugs are the seller's? Let him say to [the buyer]. 'You should not have kept it so long'! — The law [mentioned] is applicable [to the case] where [the buyer] said to him [that he required the wine] for [flavouring] dish[es]. But what compels R. Jose, son of R. Hanina, to explain our Mishnah as treating of the case where the jugs belong to the buyer and that he [specially] says [to the seller that he requires the wine] for [flavouring] dish[es]? Let him rather explain that it treats [even] of [the case where the] jugs belong to the seller and where [the buyer] does not say to him [that he requires the wine] for [flavouring] dish[es]? — Raba replied: Our Mishnah presented to him a difficulty, for it teaches: IF HIS WINE IS KNOWN TO TURN SOUR, THE PURCHASE IS ONE BASED ON ERROR, why. [R. Jose asked,] should that be so? Let [the seller] tell him, 'You should not have kept it so long' — From this, then, it must be inferred that [the buyer specifically] said to him [that he required the wine] for [flavouring] dish[es]. This view is in disagreement with that of R. Hiyya b. Joseph, for R. Hiyya b. Joseph said: The condition of] wine depends on its owner's luck for it is said. Yea, moreover, wine is treacherous if the man is haughty, etc. R. Mari said: One who is proud is not acceptable even to his own household, for it is said. A haughty man abideth not, this means. he abideth not in his own abode. Rab Judah said in the name of Rab: Any one who is not a scholar, and parades in the scholar's cloak, is not admitted within the circle of the Holy One, blessed be He; [for] here it is written. And he abideth not and there it is written. To thy holy abode. Raba said: If a man sold a jug of wine to a shopkeeper with the intention to retail it and when [there still remained] a half or a third, it turned sour, the law is that he must take it back from him. This, however, applies only to the case where [the shopkeeper] has not changed the bung-hole, but not [to the case] where he has changed the bung-hole. [Furthermore,] this applies only to the case where the market day has not [yet] arrived, but not [to the case where] the market day has [already] arrived. Raba further stated: If a man accepted wine for the purpose of taking it to the markets of Wal-Shafat, and, by the time he arrived there, the price fell, the law is that the owner must accept it. The question was raised, what is the law if it turned into vinegar? — R. Hillel said to R. Ashi: When we were at R. Kahana's he said unto us: [In the case when it has turned into] vinegar, [the owner is] not [to bear all the loss], for [the law] is not in accordance with [the opinion of] R. Jose, son of R. Hanina. Others Say: Even [when it has turned into] vinegar. [the seller] must also bear [all the loss] in accordance with [the opinion of] R. Jose, son of R. Hanina. OLD [WINE, HE MUST SUPPLY WINE] OF THE PREVIOUS YEAR, ETC.
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