Bava Batra 95b — the Talmud in English

And this is the storehouse that the Sages taught in our Mishna.

That is, this is the manner of the Mishna: the buyer accepts upon himself ten inferior wines per hundred. For what he said, “of wine,” was effective in obligating him to give him fine wine, while what he said, “this cellar,” was effective in having the buyer accept upon himself ten inferior wines per hundred.

And how can you say that the Mishna is speaking of a cellar of unspecified wine!?

And we answer:

Rather, the Mishna also

is speaking in a case

where he said to him:

“Cellar”

this.

And we raise it:

It is difficult: “

this”

or “

this.”

For in the first beraita it was stated that with regard to “this cellar,” he may give him wine sold in a shop, meaning that all of it may be inferior wine, whereas in Rav Zevid’s beraita it was stated that he must give him fine wine, apart from ten inferior wines per hundred?

And we answer:

It is not difficult: This is when he said to him “

for seasoning,”

for the seller said to the buyer that he was selling him wine suitable for flavoring food and putting into a cooked dish, meaning good wine that remains sound for a long time, since only a small amount of it is used at a time.

This is when he did not say to him “

for seasoning.”

And the Gemara explains: The beraita

of Rav Zevid

is speaking

where he said to him “

This cellar of wine

for seasoning,” and therefore he must give him fine wine; nevertheless, what he also said to him, “this cellar,” was effective in having the buyer accept upon himself ten inferior wines per hundred.

Therefore, he must give him good wine. Nevertheless, the fact that he also said to him, “this cellar,” is effective in that the buyer accepts ten inferior-quality wines per hundred.

The beraita

the first is speaking

where he did not say to him “

for seasoning,” but rather he said to him, “This cellar of wine,” without qualification. Therefore, he may give him even wine that is all inferior, provided that it is wine and not vinegar.

but merely said to him, “This cellar of wine.” Therefore, he may give him even wine that is entirely inferior-quality, provided that it is wine and not vinegar.

The Gemara summarizes the details of the laws:

Therefore,

if he said to him, “

A cellar of wine

I am selling you,”

and

he also said to him, “

for seasoning,”

he gives him wine that is entirely fine.

And this is the first clause of Rav Zevid’s beraita.

If he said to him, “

This cellar of wine

I am selling you,”

and

he also said to him, “

for seasoning,”

he gives him wine that is entirely fine, and he has the buyer accept upon himself ten inferior wines per hundred.

And this is the final clause of Rav Zevid’s beraita.

If he said to him, “

This cellar of wine I am selling you,”

and he did not say to him “

for seasoning,”

he gives him wine sold in a shop.

That is, even if it is all inferior wine, and this is the middle clause of the first beraita.

They raised a dilemma before them:

If he said to him, “

A cellar of wine,”

but did not say to him, “this,”

and

also

did not say to him “

for seasoning,”

what is the law?

Must all the wine be fine, or does the buyer accept upon himself ten inferior wines per hundred?

Rav Aḥa and Ravina disagree concerning it:

One said: He accepts

upon himself ten inferior wines per hundred, for this resembles “this cellar for seasoning,” where there is both an advantage and a deficiency. An advantage, because he said to him, “for seasoning”; and a deficiency, because he said to him, “this.” Here too there is an advantage, because he said to him, “a cellar of wine” without qualification and did not say “this”; and a deficiency, because he did not say to him, “for seasoning.” Therefore, their laws are equal: he accepts upon himself ten inferior wines per hundred.

And one said: He does not accept

anything upon himself; rather, the seller must give him wine that is all fine. For even though he did not say to him, “for seasoning,” ordinarily anyone who purchases wine intends to use it for seasoning and not to sell it in a shop. And since he did not say to him, “this cellar,” he must give him all the wine fine, as though he had said to him, “a cellar of wine for seasoning.”

The one who says: He accepts, derives proof from

the

beraita of Rav Zevid

in accordance with his position.

For it teaches: “

A cellar of wine I am selling you: he gives him wine that is entirely fine.”

And we established

the final clause of that beraita

as being where he said to him “

for seasoning.”

And the same applies to the first clause: it is speaking when he said to him, “for seasoning.” If so, we infer:

The reason

the reason he gives him wine that is entirely fine is because

he said to him “

for seasoning”;

if he did not say to him “

for seasoning,”

he accepts

upon himself ten inferior wines per hundred.

And the one who says: He does not accept, derives proof from the beraita

the first, in accordance with his position.

For it teaches: “

A cellar of wine I am selling you: he gives him wine that is entirely fine.”

And we established

the middle clause of that beraita

as being where he did not say to him “

for seasoning.”

And the same applies to the first clause: it is speaking in such a case. If so, it is explicitly explained that even when he did not say “for seasoning,” he must give him all the wine fine, because he said to him, “a cellar of wine” without qualification.

And we raise it:

But according to the one who infers from Rav Zevid, the first beraita is difficult,

as it implies that he does not accept [anything].

And we answer: The first clause of the beraita is not speaking only in the manner of the middle clause; rather, it is speaking in two manners, and

something is missing, and thus it teaches as follows:

“A cellar of wine I am selling you: he gives him wine that is entirely fine.”

When are these words said? When he said to him “

for seasoning.”

If he did not say to him “

for seasoning,”

he accepts

upon himself ten inferior wines per hundred.

And

if he said to him:

“This cellar of wine, and he did not say to him “

for seasoning,”

he gives him wine sold in a shop.

And we raise it:

But according to the one who infers from the beraita, Rav Zevid’s statement is difficult, for we established it as being where he said to him “

for seasoning,”

and it implies:

if he did not say to him “

for seasoning,”

does he accept?

And we answer: The first clause of Rav Zevid’s beraita is not speaking specifically when he said to him, “for seasoning”; rather,

the same law applies even though he did not say to him “

for seasoning,”

he does not accept,

since he said to him, “a cellar of wine” without qualification.

And this that we established it as being where he said to him “

for seasoning,”

applies only to the final clause, where he said to him, “this cellar of wine.”

Because it is difficult: “

this”

or “

this,”

in order to reconcile the contradiction with the first beraita, in which a different law was stated when he said to him, “this cellar of wine.”

Rav Yehuda said: “Wine sold in a shop,”

that is, the worst wine of all the wines sold in a shop,

one recites over it: Who creates the fruit of the vine,

because it is still considered “fruit.”

And Rav Ḥisda said:

To recite over it “Who creates the fruit of the vine”

with regard to wine that “has spoiled,”

over wine that has deteriorated,

why do I need this?!

That is, one should recite over it only: “Everything came to be through His word.”

He raised an objection

from that which was taught:

With regard to bread that has become moldy, and wine that has spoiled, and a cooked dish

[of the five species, whose blessing is “Who creates various kinds of nourishment,”]

whose form has changed,

which has become sour,

one says: “Everything came to be through His word.”

For since they have deteriorated, they have fallen from the blessing appropriate to them initially.

And this is difficult for Rav Yehuda, who says with regard to wine that has spoiled that one recites over it “Who creates the fruit of the vine.”

And we answer:

Rav Zevid said: Rav Yehuda concedes with regard to purzema,

wine that is extremely inferior and is not sold in a shop,

which is sold at the corners,

for they sell it only at the corners of the city, at crossroads where many people pass, and they are not particular about the quality of the wine that they purchase only for the moment. And with regard to that wine Rav Yehuda concedes that one recites over it “Everything came to be through His word,” and the beraita is speaking of this.

Abaye said to Rav Yosef: Here is Rav Yehuda; here is Rav Ḥisda.

That is, Rav Yehuda and Rav Ḥisda disagree with regard to wine that has spoiled, whether one recites over it “Who creates the fruit of the vine” or “Everything came to be through His word.”

Master, in accordance with whom do you hold?

What is your view concerning the matter?

He said to him,

Rav Yosef:

I know a teaching.

The matter is decided from a beraita.