Bava Basra Chart #6

Chart for Bava Basra Daf 98a

WHEN IS THE SELLER OBLIGATED TO COMPENSATE
THE BUYER WHEN THE WINE TURNS INTO VINEGAR

(A)
THE WINE IS IN SELLER'S VESSEL
(B)
THE WINE IS IN BUYER'S VESSEL
FIRST CASE OF MISHNAH (1)
1 BUYER SAID "L'MIKPEH" R. Yosi : Chayav (3)
R. Chiya: Patur (4)
Patur (5)
2 BUYER DID NOT SAY "L'MIPEH" Patur (6) Patur (7)
SECOND CASE OF MISHNAH (2)
1 BUYER SAID "L'MIKPEH" Chayav (8) Chayav (8)
2 BUYER DID NOT SAY "L'MIPEH" Patur (9) Patur (9)
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FOOTNOTES:

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(1) The first case in the Mishnah (97b) says that when a person sells wine and the wine turns into vinegar, the seller is not obligated to compensate the buyer.

(2) The second case in the Mishnah says that when it is known that the seller's wine usually turns into vinegar each year (but the buyer was not aware of that), the seller is obligated to compensate the buyer.

(3) Rebbi Yosi bar'Rebbi Chanina says that the reason why the seller is obligated when the wine that he sold is still in the seller's vessel is because the buyer can claim that it was the seller's vessel that caused the wine to go bad. The seller cannot rejoin and say that the buyer should have consumed the wine immediately and not let it sit for so long, because the buyer explicitly stated at the time of the purchase that he was buying the wine "l'Mikpeh."

(4) Rebbi Chiya bar Yosef says that the reason why the seller is not obligated to compensate the buyer, even though the wine is in his vessel and even though the buyer explicitly stated that he wanted wine that would last, is because the souring of the wine depends not on the vessel, but on the owner's Mazal. Since the wine was in the buyer's possession when it went bad, it is his fault, and the seller is not responsible.

(5) The seller is exempt either because he can claim that the buyer's vessel caused the wine to go bad (Rebbi Yosi bar'Rebbi Chanina), or because the souring of the wine depends on the owner, and the owner of the wine at the time it went sour was the buyer (Rebbi Chanina bar Yosef).

(6) The seller is exempt because he can claim that the buyer should have consumed the wine immediately and not have let it sit for so long (Rebbi Yosi bar'Rebbi Chanina), or because it was the buyer's Mazal that caused the wine to go bad (Rebbi Chanina bar Yosef).

(7) According to Rebbi Yosi bar'Rebbi Chanina, the seller is exempt both because he can claim that the buyer should have consumed the wine immediately, and because he can claim that the buyer's vessel ruined the wine. According to Rebbi Chanina bar Yosef, the seller is exempt because it was the buyer's Mazal that caused the wine to go bad.

(8) The seller is obligated to compensate the buyer because it is known that his wine goes bad, and the buyer specifically asked for wine that would last.

(9) The seller is exempt because he can claim that the buyer should have consumed the wine immediately.