If one sells produce to his neighbor, he [the buyer] takes upon himself a quarter of defective (produce) for each sa'ah, this being the normal (spoilage) for produce, and not more.] With figs, he take upon himself ten wormy ones to a hundred, [one out of ten]. With a wine cellar, he takes upon himself ten bad wines to a hundred. [If it is a wine cellar of large jugs, he takes upon himself ten large jugs. If, of (small) pitchers, he takes upon himself ten pitchers. This, only when he says to him: "I sell you this (wine) cellar, and for mikpeh"; that is, to put in a dish. But if he says: "I sell you a cellar of wine for mikpeh," he must give him all good wine. For mikpeh wine must be good and long-lasting, it being used only little by little. And if he said: "I am selling you wine" (unqualified), not mentioning mikpeh, he gives him "average" wine, the kind sold in a shop. And if he said: "I am selling you this cellar," without mentioning wine, even if it were all vinegar, the sale stands.] With (wine) vessels in the Sharon, he takes upon himself ten thin jugs [(which are not entirely baked, and which absorb and exude wine)] to a hundred.
Bartenura on Mishnah Bava Batra
המקבל פירות – that he bought grain from his fellow. The purchaser accepts for himself for every Seah a quarter-kab of refuse, for that is the manner of grain in this and not more.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bava Batra
Introduction
Mishnah two deals with a person who sells something to another person and some of the sold item is found not to be good. In both of these mishnayoth the question asked is can the buyer demand his money back.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Batra
עשר מתליעות – [ten] eaten by worms for every one hundred, which is one out of ten.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bava Batra
If a man sold grain to his fellow, the buyer must agree to accept a quarter-kab of refuse with every seah. [If he bought] figs he must agree to accept ten that are eaten by worms for every one hundred. [If he bought] a cellar of wine, he must agree to accept ten jars gone sour in every one hundred. [If he bought] jars in Sharon, he must agree to accept ten which are not fully dry (and therefore are more easily in one hundred. When a person buys a large amount of a certain item he can expect that most of the items will be pure and in good working order, but he cannot expect that they will all be pure or in working order. If he buys grain and he finds that there is a certain amount of refuse in the grain, as long as the refuse is not more than a quarter-kab (about 350 grams) per seah (8.3 liters), he can’t demand his money back. This is about five per cent refuse. Similarly if he buys figs he can expect that some will be rotten; if he buys barrels of wine some will be sour and if he buys jars some will not be made properly. As long as the unacceptable part of the purchase is less than ten per cent, he cannot demand his money back. [Note: Sharon is on the coast of Israel, between Jaffa and Haifa.]
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Batra
קוסמות – bad wine. If the cellar of large wine jugs accepts upon itself ten large jugs, and if the storeroom of pitchers accepts upon itself ten pitchers, and specifically when he stated: “I am selling you this cellar.” And the stiff mass of grist, oil and onions (i.e., a porridge), meaning to say, to place within the cooked dish but if he said: “[I am selling] you a cellar of wine for the stiff mass of grist, oil and onions,” he must give him wine which is all fine for wine of a stiff mass of grist, oil and onions must be fine and enduring and that we have doubts about it other than a little bit. But, if he said, “I am selling you undefined wine,” and no mention of the stiff mass of grist, oil and onions, he gives him intermediate-quality wine that is sold in the store. But if he said: “This cellar I am selling to you,” but he did not mention even if all of it had soured/fermented had arrived.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Batra
קנקנים בשרון – in the land of the plains.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Batra
מקבל עליו עשר פטסיאות – that are not boiled all the way through and they draw wine and drip it.
