BAVA BASRA 95 (1 Iyar) - dedicated by Ari Friedman and family of Lawrence, N.Y., in memory of Ari's father, Reb Yakov Yosef ben Rav Nosson Neta Z'L, in honor of his Yahrzeit. Always brimming with joy and generosity, Jack Friedman exemplified true Ahavas Yisrael and Ahavas Chesed. May he be a Melitz Yosher for his children and grandchildren and all of Klal Yisrael.

1)ONE WHO EXCEEDED THE QUOTA OF FLAWED ITEMS (cont.)

(a)Support (Beraisa - R. Noson): If the Ona'ah (overcharge or undercharge) is less than a sixth, the sale stands. If it is more than a sixth, the sale is void. If it is exactly a sixth, the Ona'ah is returned;

1.We do not say that he returns just enough so that the Ona'ah is a sixth!

2.This shows that when we return, we must return the entire amount!

(b)Rejection: That is different. There, (it is as if) the seller said that he charges the true value. Since the value is not known so well, the buyer pardons a mistake of up to a sixth;

1.More than a sixth, one knows that it is wrong, so it is a totally mistaken sale. (Similar reasoning applies if it is worth too little.)

(c)Support (Beraisa): If a worker accepted to plant trees in Reuven's field, Reuven must accept 10 trees of every 100 that do not bear fruit;

1.If more than this do not bear fruit; the worker must replace all of them.

(d)Rejection (Rav Huna brei d'Rav Yehoshua): If more than this do not bear fruit; it is as if the worker comes to plant a field from the beginning.

2)SELLING A WINE CELLAR

(a)(Mishnah): If he sold a wine cellar...

(b)Question: What is the case? No matter what he said, this is difficult!

1.(Beraisa #1): If Reuven said 'I sell to you a wine cellar', all the wine must be good;

i.If he said 'I sell to you this wine cellar', the wine must be fit to sell in a store;

ii.If he said 'I sell to you a cellar', even if it is all vinegar, the sale stands.

(c)Answer #1: Really, he said 'I sell to you a wine cellar';

1.The Reisha of the Beraisa should say 'the buyer accepts 10 bad barrels out of every 100.'

(d)Question: If they did not specify, the buyer need not accept bad barrels!

1.Question #1: R. Chiya taught that if one said 'I sell to you a barrel of wine', all the wine must be good.

2.Answer: A single barrel is different, for all the wine is the same quality.

3.Question #2 (Rav Zvid - Beraisa #2): If one said 'I sell to you a wine cellar', all the wine must be good;

i.If he said 'I sell to you this wine cellar', all the wine must be good, but the buyer accepts 10 bad barrels out of every 100.

95b----------------------------------------95b

ii.This is the cellar of our Mishnah.

(e)Answer #2: Rather, he said 'I sell to you this wine cellar'.

(f)Question: Beraisa #1 says that (when he said 'this wine cellar') the wine must be fit to sell in a store. Beraisa #2 says that it must be good!

(g)Answer: In Beraisa #2 he sold '(this wine cellar) to use for cooking', so the wine must be good (so it will last a long time), and the buyer accepts 10 bad barrels out of every 100;

1.In Beraisa #1 he did not say 'for cooking', so it suffices that it can be sold in a store.

(h)Question: If he said 'I sell to you a wine cellar' and did not say 'for cooking, what is the law?

(i)Answer #1 (Rav Acha or Ravina): The buyer accepts (10 bad barrels out of every 100).

(j)Answer #2 (The other of Rav Acha and Ravina): The buyer need not accept.

1.The first opinion learns from Beraisa #2. When he said 'I sell to you a wine cellar', all the wine must be good. We established the case to be that he said 'for cooking';

i.Inference: Had he not said 'for cooking', he would have to accept bad barrels.

2.The latter opinion learns from Beraisa #1. When he said 'I sell to you a wine cellar', all the wine must be good;

i.We established the case to be when he did not say 'for cooking'.

(k)Question: Beraisa #1 refutes the first opinion!

(l)Answer: The Beraisa is abbreviated. It means as follows (all the wine must be good) - this is when he said 'for cooking Had he not said 'for cooking', he would have to accept bad barrels.

1.If he said 'I sell to you this wine cellar' and did not say 'for cooking', it suffices that it is fit to sell in a store.

(m)Question: Beraisa #2 is difficult for the latter opinion!

1.We established it when he said 'for cooking.' Had he not said 'for cooking', he would have to accept bad barrels.

(n)Answer: No, even had he not said 'for cooking', he would not have to accept bad barrels;

1.We established it to be when he said 'for cooking' to resolve the contradiction (with Beraisa #1) in the case of 'this wine cellar'.

3)BAD WINE

(a)(Rav Yehudah): One blesses Borei Peri ha'Gafen on wine fit to sell in a store.

(b)(Rav Chisda): That is bad wine! One blesses on it sheha'Kol (Nihyeh bi'Dvaro).

(c)Question (Beraisa): One blesses sheha'Kol on moldy bread, on wine that became Koses (slimy), and on a cooked dish that spoiled.

(d)Answer (Rav Zvid): Rav Yehudah admits regarding very bad wine that is sold only at the crossroads.

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