Commentary for Bava Batra 189:12

והא תני רב זביד דבי ר' אושעיא מרתף של יין אני מוכר לך נותן לו יין שכולו יפה מרתף זה של יין אני מוכר לך נותן לו יין שכולו יפה ומקבל עליו עשר קוססו' למאה

— R. Huna, the son of R. Joshua. said: [The two cases cannot be compared. for] wherever [there are] more than this [number of trees]<span class="x" onmousemove="('comment',' More than ten unproductive trees per hundred trees planted. ');">²²</span> it is the same as if one began to plant [a new field].<span class="x" onmousemove="('comment',' The area occupied by a number of trees bigger than ten, say eleven, is considered to form a smaller self-contained field. This smaller field is thus treated as a new field in which the workman undertakes to plant eleven trees, where evidently he could not claim to have discharged his task by planting only one productive and ten unproductive trees. He must therefore replace them all. In the case of the refuse, however, dealt with in R. Huna's statement, this argument cannot, obviously, be applied, and the owner may be assumed to accept the loss of a quarter of a kab per se'ah, if the surplus is refunded to him. ');">²³</span> A CELLAR OF WINE, etc. How is this to be understood? If [it means that] the seller said to the buyer. '[I sell you] a cellar of wine', without specifying which cellar, there is a difficulty;<span class="x" onmousemove="('comment',' For according to our Mishnah, the buyer accepts ten casks of pungent wine for every hundred, while according to the following Baraitha (first case), all the wine must be good. ');">²⁴</span> [and] if [it means that] he said to him, 'this cellar of wine', there is [also] a difficulty;<span class="x" onmousemove="('comment',' According to the second case in the following Baraitha, contrary to the law in our Mishnah, the seller may give a wine all of which is pungent. (Cf. n. 12 infra). ');">²⁵</span> [and] if he said to him, 'this cellar', there is [again] a difficulty.<span class="x" onmousemove="('comment',' Since, according to the third case in the Baraitha, and contrary to our Mishnah, even if all the wine has become vinegar the sale is valid. ');">²⁶</span> For it has been taught: [If one says]. 'I sell you a cellar of wine', he must give him wine all of which is good.<span class="x" onmousemove="('comment',' The term 'wine' implies 'good wine'; and, therefore, no spoilt wine need be accepted by the buyer. ');">²⁷</span> [If one said]. 'I sell you this cellar of wine', he may give him such wine as is sold In the shop.<span class="x" onmousemove="('comment',' Where all the wine is pungent. ');">²⁸</span> [If one said]. 'I sell you this cellar', the sale is valid even if all of it is vinegar.<span class="x" onmousemove="('comment',' Because no wine was mentioned when the sale was proposed. ');">²⁹</span> [How. then, is the Baraitha to be reconciled with our Mishnah?] [Our Mishnah], in fact, deals with the case where [the seller] said to him ['I sell you] a cellar of wine', without specifying which cellar, but<span class="x" onmousemove="('comment',' In reply to your difficulty, why does our Mishnah allow ten casks of pungent wine while the Baraitha requires all the wine to be good? ');">³⁰</span> read in the first clause of the Baraitha [as follows]: ['He must give him wine all of which is good']. but [the buyer] must accept ten [casks of] pungent wine for [every] hundred. Must one, however, accept [ten casks of pungent wine] when the cellar was not specified? Surely R. Hiyya has taught: [If] a person has sold a jug of wine to another, he must give him wine all of which is good!<span class="x" onmousemove="('comment',' If in the case of the sale of a cellar, ten casks of pungent wine may be included in every hundred, why must all the wine be good in the case of the jug? ');">³¹</span> A jug is different, because it contains [only] one [kind of] wine.<span class="x" onmousemove="('comment',' No quantity of pungent wine can, therefore, be included in such a sale. ');">³²</span> Did not, however, R. Zebid of the school of R. Oshaia recite: [If the seller says]. 'I sell you a cellar of wine', he must give him a wine all of which is good; [if he says], 'I sell you this cellar of wine', he must give him wine all of which is good and [the buyer must] accept ten casks of pungent wine for [every] hundred.

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