Tuesday, November 24, 2009

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 began 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 all good. If he says, “I am selling you THIS cellar of wine,” meaning AS IS, he may give the buyer wine of quality 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,” but the buyer mentioned that he needs wine for cooking – which means that it will be used slowly over time. “As is” allows all souring wine, but “for cooking” requires no more than 10%.

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

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