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Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Basra 95

BAVA BASRA 91-95 - Sponsored by a generous grant from an anonymous donor. Kollel Iyun Hadaf is indebted to him for his encouragement and support and prays that Hashem will repay him in kind.

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

(a) Support (Beraisa - R. Noson): Less than a sixth, the sale stands; more than a sixth, the sale is void; by exactly a sixth, the overcharge is returned;
1. We do not say, he just returns enough so that the Ona'ah is a sixth!
2. This says that when we return, we must return the entire amount!
(b) Rejection: That is different, there, the seller said he was charging the true value; since the value is not known so well, he pardons a mistake of up to a sixth;
1. More than a sixth, one knows that it is wrong, it is a totally mistaken sale.
(c) Support (Beraisa): 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 you *a* wine cellar', all the wine must be good;
i. If he said 'I sell you *this* wine cellar', the wine must be fit to sell in a store;
ii. If he said 'I sell you *a cellar*', even if it is all vinegar, the sale stands.
(c) Answer #1: Really, he said 'I sell you *a* wine cellar';
1. The first clause of the Beraisa should say, the buyer accepts 10 bad barrels out of every 100.
(d) Question: Is it really true that without specifying, the buyer accepts bad barrels?!
1. Question #1: R. Chiya taught, 'I sell 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): 'I sell you a wine cellar' - all the wine must be good;
i. 'I sell 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 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 said '(I sell you *this* wine cellar) to use for cooking', 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', it suffices that it is fit to sell in a store.
(h) Question: If he said 'I sell 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:'I sell you *a* wine cellar' - all the wine must be good;
i. We established the case to be when he said 'for cooking'.
ii. Inference: Had he not said 'for cooking', he would have to accept bad barrels.
2. The latter opinion learns from Beraisa #1: 'I sell 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: This is difficult for 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 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 only established it 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 sheha'Kol (Nihyeh Bi'Dvaro).
(c) Question (Beraisa): On moldy bread, on wine that became Koses (slimy), on a cooked dish that spoiled, one blesses sheha'Kol.
(d) Answer (Rav Zvid): Rav Yehudah admits regarding very bad wine that is only sold by the crossroads.
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