Commentary for Bava Batra 195:13

ישן משל אשתקד כו':

This,<span class="x" onmousemove="('comment',' That the loss must be borne by the seller. ');">²⁴</span> however, applies only to the case where [the shopkeeper] has not changed the bung-hole, but not [to the case] where he has changed the bung-hole.<span class="x" onmousemove="('comment',' Because it is possible that the change has caused the wine to ferment and to turn sour. ');">²⁵</span> [Furthermore,] this<span class="x" onmousemove="('comment',' That the loss must be borne by the seller. ');">²⁴</span> applies only to the case where the market day has not [yet] arrived,<span class="x" onmousemove="('comment',' So that the shopkeeper cannot be blamed for slackness in selling out. ');">²⁶</span> but not [to the case where] the market day has [already] arrived. Raba further stated: If a man accepted wine<span class="x" onmousemove="('comment',' On a commission, undertaking to pay the owner, after it had been sold out, deducting a percentage for his trouble. ');">²⁷</span> for the purpose of taking it to the markets of Wal-Shafat,<span class="x" onmousemove="('comment',' And not to sell it elsewhere, Walshafat or Belshafat, a town in Susiana famous for its wine market; v. B.M. 73b. ');">²⁸</span> and, by the time he arrived there, the price fell, the law is that the owner must accept it.<span class="x" onmousemove="('comment',' I.e., he must bear the loss in value as compared with the price prevailing at the time the wine was accepted; since all the time the wine remained in his ownership. ');">²⁹</span> The question was raised, what is the law if it turned into vinegar?<span class="x" onmousemove="('comment',' Before it arrived at its destination. ');">³⁰</span> — R. Hillel said to R. Ashi: When we were at R. Kahana's he said unto us: [In the case when it has turned into] vinegar, [the owner is] not [to bear all the loss], for [the law] is not in accordance with [the opinion of] R. Jose, son of R. Hanina.<span class="x" onmousemove="('comment',' Who said, supra, that whenever it was understood at the time of the purchase that the wine had to last for a long period, the seller must bear the loss, if the wine remained in his jugs. ');">³¹</span> Others Say: Even [when it has turned into] vinegar. [the seller] must also bear [all the loss] in accordance with [the opinion of] R. Jose, son of R. Hanina. OLD [WINE, HE MUST SUPPLY WINE] OF THE PREVIOUS YEAR, ETC.

Explore commentary for Bava Batra 195:13. In-depth commentary and analysis from classical Jewish sources.