1)

WHEN WE ARE CONCERNED FOR SPOILAGE

(a)

Abaye (to Rav Yosef): What is your opinion?

(b)

(Rav Yosef - Beraisa): Reuven left a barrel of wine, and when he tithes his wine, he declares that the tithes should take effect on (the proper amount of) wine in the barrel. Once, he checked the barrel and found that it had become vinegar (tithes taken from vinegar to exempt wine are invalid). The first three days are definite (this will be explained). Past this is doubtful.

1.

Question: What does this mean?

2.

Answer #1 (R. Yochanan): The first three days (after it was last checked, and tasted and smelled like wine), it was surely wine. After this, we are in doubt.

i.

Question: What is the reason?

ii.

Answer: Wine spoils from the top. Even if it started souring immediately after the last tasting, the smell would be like vinegar but the taste would be like wine for three days. This is still considered wine.

3.

Version #1 - Answer #2 (R. Yehoshua ben Levi): The last three days (before it was found to be vinegar) it was surely vinegar. Before this, we are in doubt.

i.

Question: What is the reason?

ii.

Answer: (If it now tastes like vinegar, it started to smell like vinegar at least three days ago. R. Yehoshua ben Levi considers this to be vinegar. If) wine spoils from the bottom, perhaps it already spoiled when he last tasted it;

iii.

Even if we say that it spoils from the top, perhaps it immediately started to smell like vinegar after the last tasting, and this is considered vinegar.

4.

Version #2 - Answer #2 (R. Yehoshua ben Levi): The first three days (after the previous checking, when it tasted and smelled like wine), it was surely wine. The last three days (before it was found to be vinegar) it was surely vinegar. We are in doubt about the intermediate days.

5.

Question: If the first three days it was surely wine, he must say that if it smells like vinegar but tastes like wine, it is wine;

i.

However, he says that the last three days it was surely vinegar. This implies that if it smells like vinegar but tastes like wine, it is vinegar!

6.

Answer: (Really, he holds that if it smells like vinegar but tastes like wine, it is wine.) The case is, it was found to be very strong vinegar, so it must have tasted like vinegar for at least three days.

(c)

Question: Like whom does Rav Yosef hold?

(d)

(Rav Mari or Rav Zvid): He holds like R. Yochanan.

(e)

(The other of Rav Mari and Rav Zvid): He holds like R. Yehoshua ben Levi.

(f)

(Rav): If Reuven sold a barrel of wine to Shimon, and it became vinegar, if this was within three days of the sale, it already started spoiling before the sale, so the sale is invalid;

1.

If this was more than three days after the sale, it started spoiling after the sale, so the sale is valid.

96b----------------------------------------96b

(g)

(Shmuel): Even if it spoiled within three days, this is due to Shimon's Mazel (fortune), so the sale is valid.

(h)

Rav Yosef ruled like Rav in a case involving beer, and like Shmuel in a case involving wine.

(i)

The Halachah follows Shmuel.

2)

TEMED (WINE FROM DREGS)

(a)

(Beraisa): One blesses sheha'Kol on beer of dates or barley, and on dregs of wine;

(b)

Others say, if the dregs have the taste of wine, he blesses Borei Peri ha'Gafen.

(c)

(Rabah and Rav Yosef): The Halachah does not follow 'Others'.

(d)

(Rava): All agree that if one puts three measures of water on the dregs and four measures of liquid come out (at least one measure came from the dregs), it is considered wine;

1.

This is like Rava taught elsewhere, that if one measure of (raw) wine cannot be mixed with three measures of water (lest the mixture be too weak), the (raw) wine is substandard.

(e)

(Rava): All agree that if one puts in three measures and three come out, it is considered water;

1.

They argue in a case that he puts three, and three and a half come out. Chachamim say that the same three measures of water came out, and a half-measure from the dregs;

i.

There is six times as much water as dreg-wine, so this is not considered wine.

2.

Others say that two and a half measures of water came out, and one measure from the dregs;

i.

There is two and a half times as much water as dreg-wine, so this is considered wine.

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