What happens if the seller sells wine and it gets to the buyer, and he now claims it is spoiled. the buyer wants a refund and the seller says no, he sold it and that when it left his premises it was fine.
second part, if the seller sells wine in 5 gallon jug, and the buyer transfers the 5 gallons of wine to his barrels the wine becomes sour once the buyer gets home the buyer wants to rescind and get his money back.
no discussion of wine being sour before bought it. no discussion of knowing that his wine sours ahead of time.
quesiton is can we hold seller liable for and let him give the buyer back money in either case.
Jeff Milrad
In the first part, if he already paid, the buyer has the burden to prove he was cheated. Otherwise, he cannot get his money back sine the wine might have spoiled only later -- and he could have used it earlier for drinking before it spoiled.
Rashi adds that according to Rav on 96a (that detecting spoiled wine means that the wine was bad three days earlier), we are talking here about a case in which the wine spoiled after three days of the purchase.
But if he stipulated that he bought the wine for Mikpah -- to use as an added ingredient to foods over a period of time and not for drinking -- we agree that the buyer was cheated since he was not supplied suitable wine.
In the second case (and so maintains the Mishnah according to Rebbi Yosi ben Chanina), since the barrels were switched it could be the fault of the buyer -- so he lost since he cannot prove that it is the seller's fault (even if he asked for Mikpah, long term wine). But if the seller's wine is known to sour, he could get his money back if he wanted Mikpah. (See the Mishnah, "v'Im Yad'u....")
All the best,
Reuven Weiner