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Prepared by Rabbi P. Feldman
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Rosh Kollel: Rabbi Mordecai Kornfeld


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Bava Basra 98

1) RESPONSIBILITY FOR SOLD WINE

(a) (Mishnah): If Reuven sold wine to Shimon and it soured, Reuven is exempt;
1. If it is known that Reuven's wine sours, the sale is invalid.
2. If Reuven said that the wine is scented, it must last until Shavu'os.
(b) 'Old wine' - this is from the previous year;
(c) 'Aged wine' - it must be in its third year.
(d) (Gemara - R. Yosi b'Rebbi Chanina): This is only if the wine was put in Shimon's vessel, but if it remained in Reuven's vessels, he is responsible (his wine or vessels are to blame)!
(e) Question: Shimon is to blame for not drinking the wine sooner!
(f) Answer: The case is, he asked to buy wine for cooking.
(g) Question: Why does R. Yosi b'Rebbi Chanina establish the Mishnah when it was put in Shimon's vessel and he asked to buy wine for cooking - rather, establish it with Reuven's vessel, and Shimon did not ask to buy wine for cooking!
(h) Answer (Rava): The Mishnah was difficult: it says, if it is known that Reuven's wine sours, the sale is invalid;
1. Shimon is to blame for not drinking the wine sooner!
2. We must say, he asked to buy wine for cooking.
(i) R. Yosi b'Rebbi Chanina argues with Rav Chiya bar Yosef.
1. (Rav Chiya bar Yosef): "Ha'Yayin Boged Gever Yahir" - wine spoils on account of its owner.
(j) (Rav Mari): A haughty person is disgraceful even in the eyes of his household - "Gever Yahir v'Lo Yinveh".
1. "V'Lo Yinveh" hints at people of his Naveh (home).
(k) (Rav Yehudah): Anyone who (is not a Chacham and) wears the Talis of a Chacham (it totally covers all his cloak), he does not enter Hash-m's place;
1. It says here "V'Lo Yinveh", just like "El Neve Kodshecha".
(l) (Rava): If Reuven sold a barrel of wine to a grocer (Shimon) in order to sell it over time (Tosfos; Rashbam - the grocer is merely an agent to sell Reuven's wine for him) and it spoiled, Reuven suffers the entire loss.
1. This is only if Shimon did not make a new spout; if he did, it is his fault.
2. This is only if the market day did not come; if it did, Shimon is at fault (he should have sold it then).
(m) (Rava): If Reuven gave wine to Shimon to take to a certain place to sell it, and the price declined by the time he arrived, Reuven suffers the entire loss.
(n) Question: If it soured, what is the law?
(o) Version #1 - Answer (Rav Hillel): Shimon shares the loss (it spoiled on account of both of them) - this is not like R. Yosi b'Rebbi Chanina (who blames the spoilage on the owner of the wine and vessels).
(p) Version #2 - Answer (Rav Hillel): Reuven bears the entire loss, like R. Yosi b'Rebbi Chanina.
(q) (Mishnah): 'Old wine' - this is from the previous year.
98b---------------------------------------98b

(r) (Beraisa): 'Aged wine' - it must last until the coming Sukos.
2) PROPER SIZE OF DWELLINGS
(a) (Mishnah - R. Akiva): If Reuven sold or accepted to build a Chasan's house for Shimon's son or a widow's house for Shimon's daughter, it must be at least four Amos by six Amos;
(b) R. Yishmael says, that is proper for a cattle pen!
1. One who wants to build a cattle pen should make it four Amos by six Amos.
(c) A small house is six by eight Amos, a large house is eight by 10, a Traklin must be 10 by 10.
(d) The height (of each of these) should be half the sum of the length and width;
1. A proof of this - R. Shimon ben Gamliel says, we learn from the Heichal.
(e) (Gemara) Question: Why does the Mishnah mention a Chasan's house for Shimon's son or a widow's house for Shimon's daughter - both apply to sons and daughters!
(f) Answer: We learn a matter by the way, that it is improper for a Chasan to live by his mother-in-law.
1. (Sefer ben Sira): The lowliest thing is a Chasan who lives in his father-in-law's house;
2. Worse than this is a guest who invites other guests; worse than this is one who answers before the other person finished speaking - "Meshiv Davar b'Terem Yishma Iveles Hi Lo u'Chlimah".
(g) (Mishnah): R. Yishmael says, that is proper for a cattle pen!
(h) Question: Who taught the proper dimensions for a cattle pen?
(i) Answer: Some say, R. Yishmael; others say, R. Akiva.
1. Some say, R. Akiva - he admits that four by six is proper for a cattle pen, sometimes a person lives in such a dwelling.
2. Others say, R. Yishmael - but R. Akiva would say that a cattle pen should be smaller.
(j) (Mishnah): A Traklin must be 10 by 10.
1. A Traklin is a hall in which roses are put.
(k) (Beraisa): A Chatzer (for officers) should be 12 by 12.
(l) (Mishnah): The height (of each of these) should be half the sum of the length and width; a proof of this - R. Shimon ben Gamliel says, we learn from the Heichal.
(m) Question: Who taught 'a proof of this'?
(n) Answer #1: R. Shimon ben Gamliel;
1. The first Tana asked, 'What is a proof of this?' R. Shimon ben Gamliel answered, we learn from the Heichal.
(o) Answer #2: The first Tana;
1. R. Shimon ben Gamliel asked, 'You learn from the Heichal? Does everyone build like the Heichal?!'
(p) (Beraisa - Others): The height should be like the length of the beams (that span the width of the house).
(q) Question: Why didn't they say, the height should be like width?
(r) Answer #1: The walls are thicker (so the interior is narrower) at the bottom, we must teach that the height should be like the (greater) width at the top.
(s) Answer #2: There are indentations in which the beams fit, they are slightly longer than the (interior) width of the house.
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