Bava Batra 191

דתניא הבודק את החבית להיות מפריש עליה תרומה והולך ואחר כך נמצאת חומץ כל ג' יום ודאי מכאן ואילך ספק

where it has been taught: If one tested<span class="x" onmousemove="('comment',' Either by tasting some of its contents, the heave-offering and tithe having been duly taken from it (Rashb.), or by smelling (Tosaf.) ');">¹</span> a [wine] jug for the purpose of taking from it, periodically, heave-offering [for wine kept in other jugs];<span class="x" onmousemove="('comment',' In order that he might be allowed to use the wine in the other jugs he keeps this one jug for the purpose of taking from it daily, or whenever required, the appropriate quantity of wine as heave-offering. etc., for the wine in the other jugs. ');">²</span>

מאי קאמר א"ר יוחנן ה"ק כל ג' ימים הראשונים ודאי יין מכאן ואילך ספק

and, subsequently,<span class="x" onmousemove="('comment',' E.g.. after a month or two. ');">³</span> it was found [to contain] vinegar,<span class="x" onmousemove="('comment',' Vinegar. may not be used as a heave-offering for wine. ');">⁴</span>

מאי טעמא חמרא מעילאי עקר והאי טעימיה ולא עקר אם תמצא לומר בתר דטעימיה עקר הוה ריחא חלא וטעמיה חמרא וכל ריחיה חלא וטעמיה חמרא חמרא

all<span class="x" onmousemove="('comment',' The explanation of this follows. ');">⁵</span> three days It is certain, [and] after that it is doubtful.<span class="x" onmousemove="('comment',' Tosef. Tem. IV. ');">⁶</span>

ורבי יהושע בן לוי אמר כל ג' ימים האחרונים ודאי חומץ מכאן ולהלן ספק

What does this mean? — R. Johanan said, It means this: During the first three days [after the test, it is regarded as] certain wine;<span class="x" onmousemove="('comment',' For in less than three days, wine cannot turn into vinegar. Even if it be assumed that it began to turn sour immediately after the test, it would not be called 'vinegar' until full three days had elapsed. The heave-offerings given during these three days must, therefore, inevitably have been wine and, consequently, have exempted the wine in the other jugs. (V. n. 7 above). ');">⁷</span> after that, [as] doubtful.<span class="x" onmousemove="('comment',' Since it is possible that the wine began to deteriorate only three days before it was found to be vinegar, into which it may have turned just at that moment. Since the heave-offering is accordingly in doubt (V. n. 7 above). another must be given. ');">⁸</span>

מאי טעמא חמרא מתתאי עקר ואימור עקר ולאו אדעתיה ואם תמצא לומר מעילאי עקר והא טעימיה ולא עקר דלמא בתר דטעימיה עקר הוה ריחיה חלא וטעמי' חמרא וריחיה חלא וטעמיה חמרא חלא

What is the reason? — [Because] wine [begins to] deteriorate from above,<span class="x" onmousemove="('comment',' Deteriorations of the wine on the surface takes place first, and then it gradually spreads downwards till all turns sour. During this process, though the contents have the odour of vinegar, the flavour is still that of wine. ');">⁹</span> and this [man] had tasted it [and ascertained that] it had not deteriorated; [and] if it be assumed that it had deteriorated [immediately] after it had been tasted, [even then during the first three days], it had the odour of vinegar and the taste of wine, and whenever the odour is of vinegar and the taste is of wine, it is regarded as wine. And R. Joshua b. Levi said: [The meaning of the Baraitha is that] during the last three days<span class="x" onmousemove="('comment',' Prior to the discovery that it turned into vinegar. ');">¹⁰</span>

דרומאי מתנו משמיה דר' יהושע בן לוי ראשונים ודאי יין אחרונים ודאי חומץ אמצעיים ספק

[it is regarded as] certainly vinegar;<span class="x" onmousemove="('comment',' R. Joshua regards the contents as vinegar as soon as they begin to deteriorate in odour though the taste may still be that of wine. Since it is now proper vinegar, the deterioration must have commenced at least three days previously. ');">¹¹</span> prior to that, [as] doubtful.<span class="x" onmousemove="('comment',' Because it is possible that the deterioration, as regards odour, began immediately after the test, and this, according to R. Joshua who is guided by the odour, changes the character of the contents from wine into vinegar on the very first day. ');">¹²</span>

הא גופא קשיא אמרת ראשונים ודאי יין אלמא ריחיה חלא וטעמיה חמרא חמרא והדר אמרת אחרונים ודאי חומץ אלמא ריחיה חלא וטעמיה חמרא חלא

What is the reason? — Wine [begins to] deteriorate from below, and it is possible [that it had already] deteriorated [during the test] but he did not know.<span class="x" onmousemove="('comment',' And, consequently, despite the test, the contents were already, at that very moment, vinegar. ');">¹³</span> [Moreover, even] if it is assumed that deterioration [begins] from the top, [and it will be argued that it must have been wine] since [this man] had tasted it and [ascertained that] it had not [then] deteriorated, [it may be retorted that] it is possible that it deteriorated [immediately] after he tasted it, [and it had] the odour of vinegar and the taste of wine, and [the law is that wherever] the odour is vinegar and the taste. wine, [it is regarded as] vinegar.

כגון דאשתכח חלא סיפתקא דאי לאו דעקר תלתא יומי לא הוה משתכח חלא סיפתקא

The scholars of the South [of Palestine] taught in the name of R. Joshua b. Levi: [During the] first [three days it is regarded as] certainly wine.<span class="x" onmousemove="('comment',' R. Joshua holds the same views as R. Johanan. ');">¹⁴</span> [During the] last [three days, as] certainly vinegar. [During the] intervening [days as] doubtful. Is not this self-contradictory? [Since] you said that [during the] first [three days it is regarded as] certainly wine, it is obvious that [if the] odour is vinegar and the taste wine, [it is regarded as] wine;<span class="x" onmousemove="('comment',' Cf. R. Johanan's reason. ');">¹⁵</span>

כמאן פשט ליה פליגי בה רב מרי ורב זביד חד אמר כרבי יוחנן וחד אמר כרבי יהושע בן לוי:

and then you say [that during the] last [three days it is regarded as] certainly vinegar, [which] proves clearly [that if the] odour is vinegar and the taste, wine, [it is regarded as] vinegar?<span class="x" onmousemove="('comment',' For if it is regarded as wine, despite the odour of vinegar, the contents may still have been wine three days ');">¹⁶</span> — [The second clause deals with the case] when it was found [to be] very strong vinegar [in which case it is known] that had it not lost its taste three days [previously], it could not have been found [to be such] very strong vinegar.<span class="x" onmousemove="('comment',' The deterioration must consequently have commenced six days previously. In the first three, of these six days, it was still regarded as wine; for his opinion, like that of R. Johanan, is that the odour alone does not deprive the wine of its name, During the last three, of these six days, both odour and taste were that of vinegar, hence his decision is, in such a case, that 'during the last three days it is regarded as certainly vinegar.' ');">¹⁷</span>

איתמר המוכר חבית יין לחברו והחמיצה אמר רב כל ג' ימים הראשונים ברשות מוכר מכאן ואילך ברשות לוקח

According to whom<span class="x" onmousemove="('comment',' I.e., R. Johanan or R. Joshua? This inquiry is, of course, on the assumption that the first version of R. Joshua's statement, and not that of the scholars of the South, is the correct one. ');">¹⁸</span> did [R. Joseph] answer him?<span class="x" onmousemove="('comment',' Abaye, supra 95b. ');">¹⁹</span> — R. Mari and R. Zebid [are in dispute on this]. One says: According to R. Johanan. and the other says: According to R. Joshua b. Levi. It has been stated: [In the case] when one sold a jug of wine to another and it became sour,<span class="x" onmousemove="('comment',' In the house of the buyer while the wine was still in the seller's jug. ');">²⁰</span> Rab said: During the first three days [of the sale] it is [regarded as still] in the possession of the seller;<span class="x" onmousemove="('comment',' Since it takes three days from the time the wine changes its odour into that of vinegar until it changes its taste also, the deterioration must inevitably have commenced before the sale. The seller, therefore, must remain responsible. ');">²¹</span> after that, [it is regarded as] in the possession of the buyer.<span class="x" onmousemove="('comment',' And the seller need not compensate for his loss. ');">²²</span>