Bava Batra 97 – Wine Made of Dregs

Water in which wine lees have been steeped is considered water, and the blessing over it is "Who created everything with His word." However, others say that if this water has the flavor of wine, the blessing is "Who created the fruit of the vine."

If he poured three cups of water and when the liquid was decanted, four cups were produced, all agree that it is wine due to one cup of wine added from lees. If three cups were produced, all agree that it is water. They argue only when three and a half cups were decanted. The Sages say that three cups went in and three cups came out, so only one-sixth is wine from lees, while the other says that of the three cups that went in, one-half cup remained, and two half-cups of wine came out, making the mixture strong enough.

Art: The Wine Merchant by Pompeo Massani

Bava Batra 96 – Wine that Sours

Rav Yehudah said, "The souring wine sold in shops still retains the blessing over wine, that is, "Who created the fruit of the vine." Rav Zevid said, "Why should I say a blessing over wine that has soured? Rather, the blessing is "Who created everything by His word." Rav Yehudah agrees that wine sold on the corners, which the thirsty, indiscriminate public consumes in haste, is not wine at all.

If one bought a barrel of wine and it spoiled within three days, then Rav says that it was beginning to spoil at the time of the sale, and therefore, it is a mistaken purchase, which can be returned. Shmuel says that "it is on his shoulders." This means it was either spoiled while being carried or the spoilage was due to the owner's sins.

Art: Man with a glass of wine by Frans van Mieris

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

Bava Batra 94 – Acceptable Percentage of Inferior Merchandise

If one sells grain to his fellow, the buyer accepts upon himself impurity of one-quarter of a kav in a se'ah measure, which translates into 1/24; for figs, he accepts ten wormy ones per one hundred; for a cellar of wine, he accepts ten barrels of souring wine per hundred. All these are general guidelines without a prevailing local custom; however, if there is an accepted custom, it is binding.

If the buyer suspects that the grain contains more impurities than 1/24 and begins to sift it, and it is found that it contains more than the allowed 1/24, he may sift all the grain and return ALL the impurities to the seller. Really, one expects to receive good quality grain, only that he would not bother to sift. Once he starts sifting, however, he can continue to sift all.

Art: A Plate of Figs by Giovanna Garzoni

Bava Batra 93 – Consequential Damages

In the case of garden seed, which is always sold for planting and never for eating, if the seller sold defective seed, what is his liability to the buyer? - Only the money for the seed itself, but not the buyer's expenses incurred during the unsuccessful planting. Others say that the seller must also pay the buyer's exbuyer's

Who are these others? It is Rabban Shimon ben Gamliel who issued the following ruling: "If one takes wheat to a miller, and the miller did not moisten it before grinding and, as a result, processed it into bran, and the baker processed it into crumbly bread – he must pay the customer also the value of his embarrassment and the embarrassment of his guests – and such was a great custom that existed in Jerusalem."

Art: Still-Life with Bread and Confectionary by Georg Flegel

Bava Batra 92 – Implied Warranty

Sold products are expected to be fit for their purpose. However, if one sells produce to his fellow without specifying whether he is selling it for planting or eating, and the buyer plants it, but it does not grow, the seller is not responsible for the loss. This is true even for flaxseed, which is usually purchased for planting.

Normally, the law follows the principle of majority, assuming that the situation at hand is typical of the majority of such cases. However, in money matters, there is another principle: “To extract money from his fellow, the burden of proof lies with the claimant,” which trumps the principle of majority. Since the buyer cannot definitely prove his claim, the seller does not have to refund the purchase amount.

Art: At the Market Stall by Louise Moillon 

Bava Batra 91 – Importance of Settling the Land of Israel

One should refrain from exporting essential foods, such as wines, oils, and fine flour, out of the Land of Israel if this will lead to shortages and high prices. One may only leave the Land of Israel and go live outside the Land if food prices have doubled. Rabbi Shimon says that this is permitted only when one can't find wheat at all, but if wheat is available, even at very high prices, one should stay, provided that he can afford to feed his family.

Rabbi Shimon bar Yochai also used to say that Elimelech (the husband of Naomi in the book of Ruth) and his two sons were the most extraordinary men of their generation and the caretakers of their generation, and for what reason did they die? For moving out of the Land of Israel during famine, even though wheat was available to them.

Painting: Woman at the Window by Jozef Israels