פירוש על בבא מציעא 3:8
Bartenura on Mishnah Bava Metzia
יוציא לו שתות יין – if he deposited with him wine and it got combined with his, the wine vessel absorbs one-sixth.
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English Explanation of Mishnah Bava Metzia
With wine he may exact [a reduction] of one-sixth. Rabbi Judah says: “One-fifth.”
He may exact of him three logs in every one hundred logs of oil one log and a half for sediment and one log and a half for absorption. If the oil was refined he may not exact for sediment. If the jars were old he may not exact for absorption.
Rabbi Judah says: “Also if a man sells to his fellow through the year, the buyer must undertake to accept a reduction of one and a half logs because of sediment.
With wine and oil there are no reductions for mice, as there were with produce, but there are reductions due to sediment and absorption in the sides of the clay vessels which were used at the time. With wine the guardian may exact a reduction of one-sixth or one-fifth according to Rabbi Judah.
With regards to oil it depends on the type of jar and the type of oil. Regular oil is reduced 1½ per cent due to sediment, but refined oil does not produce any sediment and therefore reductions may not be exacted. Regulars jars absorb 1½ per cent but old jars, whose sides are more hardened and have already absorbed oil, do not absorb any oil. Therefore if the jars were old the guardian may not exact a reduction for absorption.
Rabbi Judah adds that not only may a guardian exact a reduction of 1½ per cent the oil returned to the owner, but so too may a person who sells refined oil. In other words if Reuven tells Shimon that he is selling him 100 logs of oil and then gives him refined oil, he only need give him 98 ½ logs since 1½ logs of regular oil would be worthless sediment anyway.
He may exact of him three logs in every one hundred logs of oil one log and a half for sediment and one log and a half for absorption. If the oil was refined he may not exact for sediment. If the jars were old he may not exact for absorption.
Rabbi Judah says: “Also if a man sells to his fellow through the year, the buyer must undertake to accept a reduction of one and a half logs because of sediment.
With wine and oil there are no reductions for mice, as there were with produce, but there are reductions due to sediment and absorption in the sides of the clay vessels which were used at the time. With wine the guardian may exact a reduction of one-sixth or one-fifth according to Rabbi Judah.
With regards to oil it depends on the type of jar and the type of oil. Regular oil is reduced 1½ per cent due to sediment, but refined oil does not produce any sediment and therefore reductions may not be exacted. Regulars jars absorb 1½ per cent but old jars, whose sides are more hardened and have already absorbed oil, do not absorb any oil. Therefore if the jars were old the guardian may not exact a reduction for absorption.
Rabbi Judah adds that not only may a guardian exact a reduction of 1½ per cent the oil returned to the owner, but so too may a person who sells refined oil. In other words if Reuven tells Shimon that he is selling him 100 logs of oil and then gives him refined oil, he only need give him 98 ½ logs since 1½ logs of regular oil would be worthless sediment anyway.
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Bartenura on Mishnah Bava Metzia
רבי יהודה אומר: חומש – since the ground from which they made the wine-vessels in the place of Rabbi Yehuda absorbed one-fifth. And everything is according to the place.
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Bartenura on Mishnah Bava Metzia
אף המוכר וכו' – Just as they said that there are lees with the depositor , so too they said regarding the seller. For one who sells oil to his fellow and always gives him from his barrels refined oil which is sufficient from him, the purchaser accepts upon himself to deduct from him a log-and-a-half from the walls of the sediment for every one-hundred log. But the Halakha is not according to Rabbi Yehuda.
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