Bava Batra 95 – Selling a Wine Cellar As Is

The previous ruling stated that when one sells a wine cellar, the buyer has to accept 10% of barrels that begin to sour. But compare it to the following.

If a seller says, “I am selling you a cellar of wine,” he must give the buyer wine, which is good. If he says, “I am selling you THIS cellar of wine,” meaning AS IS, he may give the buyer quality wine as sold in stores for immediate consumption, that is, souring wine.

So when does the buyer accept 10% inferior wine? When the seller said “as is,” the buyer mentioned that he needed wine for cooking—which means that it would be used slowly over time. “As is” allows all souring wine, but “for cooking” requires no more than 10%.

Art: A Woman Drawing Wine From A Barrel by Gabriel Metsu