Responsa for Bava Metzia 146:12

ולרב אשי מאי שנא מהא דתנן אם אוביר ולא אעביד אשלם במיטבא התם בידו

I might think that this is so even of one who behaves in a seemly fashion; therefore it is taught, but over your brethren, the children of Israel, ye shall not rule one over another with rigour.<span class="x" onmousemove="('comment',' Ibid. The verse, of course, is not actually thus interpreted, but merely cited in support of his practice, with the caveat that men of good standing must not be molested. ');">²¹</span> R. Hama said: If a man gives his neighbour money to buy wine for him, and he negligently fails to do so, he must compensate him as it is sold in the market of Belshafat.<span class="x" onmousemove="('comment',' Walshafat, v. B.B. (Sonc. ed.) p. 409, n. 6. Having neglected to buy a vintage, when wine is cheap, so that it must now be bought at ordinary market prices, he must duly compensate him. [Obermeyer, op. cit. p. 185, renders: he pays him (the agent) only in accordance with the (low) price current in the wine market of Balash-Abad.] ');">²²</span> Amemar said: I repeated this ruling before R. Zebid of Nehardea, whereupon he observed: R. Hama's dictum applies only to unspecified wine, but not to a particular wine, [for] who knows that he could have obtained it for him?<span class="x" onmousemove="('comment',' Even had he not been negligent, he might have failed to obtain the particular wine ordered. ');">²³</span> R. Ashi said: Even for unspecified wine it is also not [correct]. Why? Because it is an <i>asmakta</i>, and an <i>asmakta</i> establishes no legal claim.<span class="x" onmousemove="('comment',' V. Glos. Even if the agent undertook to forfeit the loss, should he not buy the wine, his pledge is invalid, not having been meant seriously. ');">²⁴</span> But in R. Ashi's view, how does this differ from what we learnt: [If the tenant-farmer declares], 'If I let it lie waste without cultivating it, I will pay with the best [of produce,'<span class="x" onmousemove="('comment',' V. infra 104a. ');">²⁵</span> he is bound to do so]? — There it is in his power [to cultivate it];<span class="x" onmousemove="('comment',' Therefore his undertaking is not an asmakta, but seriously meant. ');">²⁶</span>

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