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Babylonian Talmud: Tractate Baba Bathra
THAT IS SWEET1 I AM SELLING YOU, HE IS RESPONSIBLE FOR ITS PRESERVATION UNTIL PENTECOST.2 AND [IF HE SAID, 'I SELL YOU] OLD [WINE.' HE MUST SUPPLY WINE] OF THE PREVIOUS YEAR; [IF] VERY OLD [WINE.' HE MUST SUPPLY WINE] OF THREE YEARS STANDING3
GEMARA. R. Jose, son of R. Hanina, said: [The law4 in] our Mishnah is applicable only [to the case where the wine is] in the jugs of the buyer,5 but [where it is] in the jugs of the seller [the former] can say to him, 'Take your wine and take your jug'.6 But what matters it [even] if the jugs are the seller's? Let him say to [the buyer]. 'You should not have kept it so long'!7 — The law [mentioned] is applicable [to the case] where [the buyer] said to him [that he required the wine] for [flavouring] dish[es].8 But what compels R. Jose, son of R. Hanina, to explain our Mishnah as treating of the case where the jugs belong to the buyer and that he [specially] says [to the seller that he requires the wine] for [flavouring] dish[es]? Let him rather explain9 that it treats [even] of [the case where the] jugs belong to the seller and where [the buyer] does not say to him [that he requires the wine] for [flavouring] dish[es]? — Raba replied: Our Mishnah presented to him a difficulty, for it teaches: IF HIS WINE IS KNOWN TO TURN SOUR, THE PURCHASE IS ONE BASED ON ERROR, why. [R. Jose asked,] should that be so? Let [the seller] tell him, 'You should not have kept it so long' — From this,10 then, it must be inferred that [the buyer specifically] said to him [that he required the wine] for [flavouring] dish[es].11 This view12 is in disagreement with that of R. Hiyya b. Joseph, for R. Hiyya b. Joseph said: The condition of] wine depends on its owner's luck13 for it is said. Yea, moreover, wine is treacherous14 if the man is haughty,15 etc.16
Rab Judah said in the name of Rab: Any one who is not a scholar, and parades in the scholar's cloak, is not admitted within the circle of the Holy One, blessed be He; [for] here it is written. And he abideth not19 and there it is written. To thy holy abode.20
Raba said: If a man sold a jug of wine to a shopkeeper with the intention to retail it21 and when [there still remained] a half or a third, it turned sour, the law is that he22 must take it back from him.23 This,24 however, applies only to the case where [the shopkeeper] has not changed the bung-hole, but not [to the case] where he has changed the bung-hole.25 [Furthermore,] this24 applies only to the case where the market day has not [yet] arrived,26 but not [to the case where] the market day has [already] arrived.
Raba further stated: If a man accepted wine27 for the purpose of taking it to the markets of Wal-Shafat,28 and, by the time he arrived there, the price fell, the law is that the owner must accept it.29
The question was raised, what is the law if it turned into vinegar?30 — R. Hillel said to R. Ashi: When we were at R. Kahana's he said unto us: [In the case when it has turned into] vinegar, [the owner is] not [to bear all the loss], for [the law] is not in accordance with [the opinion of] R. Jose, son of R. Hanina.31 Others Say: Even [when it has turned into] vinegar. [the seller] must also bear [all the loss] in accordance with [the opinion of] R. Jose, son of R. Hanina.
OLD [WINE, HE MUST SUPPLY WINE] OF THE PREVIOUS YEAR, ETC.
Baba Bathra 98b
A Tanna taught: [If wine was sold as 'very old'], it must be capable of standing until the Feast of Tabernacles.1
MISHNAH. IF ONE SELLS A PLACE TO ANOTHER OR ACCEPTS ONE FROM ANOTHER FOR THE PURPOSE OF BUILDING ON IT A WEDDING HOUSE FOR HIS SON,2 OR A WIDOW HOUSE FOR HIS DAUGHTER,3 IT IS TO BE BUILT [IN THE DIMENSIONS OF NO LESS THAN] FOUR CUBITS BY SIX;4 THESE ARE THE WORDS OF R. AKIBA. R. ISHMAEL SAID: THIS IS AN OX STALL!5 HE WHO DESIRES TO ERECT AN OX STALL,6 IS TO BUILD [IT IN THE DIMENSIONS OF NO LESS THAN] FOUR CUBITS BY SIX; A SMALL HOUSE, SIX BY EIGHT; A BIG [ONE]. EIGHT BY TEN; A HALL, TEN BY TEN. THE HEIGHT [OF ANY OF THESE, MUST BE] HALF ITS LENGTH AND HALF ITS WIDTH.7 PROOF OF THIS? — RABBAN SIMEON B. GAMALIEL SAID: LIKE THE TEMPLE STRUCTURE.8
GEMARA. Why has it been stated, A WEDDING HOUSE FOR HIS SON OR A WIDOW HOUSE FOR HIS DAUGHTER, and not 'a wedding house for his son or daughter, or a widow house for his son or daughter'? — [By this the Mishnah] has taught us incidentally that it is not the [proper] way for a son-in-law to live at the house of his father-in-law; as it is written in Bensira, 'I have weighed all things in the scale of the balance and found nothing lighter than bran; lighter than bran is a son-in-law who lives in the house of his father-in-law; lighter than [such] a son-in-law is a guest [who] brings in [with him another] guest; and lighter than such a guest [is he who] replies before he hears [the question],9 for it is written, He that giveth answer before he heareth, it is folly and confusion unto him.'10
R. ISHMAEL SAID: THIS IS AN OX STALL. HE WHO DESIRES TO ERECT etc. Who is the author of [the statement on] the OX STALL? — Some say the author is R. Ishmael, and some say R. Akiba is the author. Those who say R. Akiba is the author explain it thus, 'Although [the size] is [that of] an ox stall, one sometimes makes his dwelling [as small] as an ox stall'. And those who say R. Ishmael is the author, explain it thus, 'Because he who desires to erect an ox stall makes [it] four cubits by six.'
A HALL, TEN BY TEN. What is the meaning of traklin?11 — An arched hall adorned with roses. It was taught: A kinter [contains] twelve [cubits] by twelve. What is a kinter? — The fore-court12 of mansions.
THE HEIGHT … HALF ITS LENGTH AND HALF ITS WIDTH. PROOF OF THIS? — RABBAN SIMEON B. GAMALIEL SAID: LIKE THE TEMPLE STRUCTURE. Who taught, 'PROOF OF THIS…'? — Some say. R. Simeon b. Gamaliel taught it; and this is the purport of what has been said: Whence the PROOF OF THIS? — R. SIMEON B. GAMALIEL SAID: All [dimensions must be in proportion] LIKE [those of] THE TEMPLE STRUCTURE. And some say, the first Tanna has taught this, and R. Simeon b. Gamaliel is astonished [at it] and says to him [to the first Tanna] thus: Whence the proof? [Is it] from the Temple structure? Does everybody make [houses] LIKE THE TEMPLE STRUCTURE?13
It was taught: Others say [that] its height [must be] equal to [the length of] its beams.14 Let it [then] be said [simply]. 'The height [must be] equal to its width'!15 — If you wish, it can be said [that] a house is wider at the top;16 and, if preferred, it can be said [the expression 'equal to the length of its beams' is necessary] because there are apertures [in the wall in which the beams are fixed].17
R. Hanina [once] went out to the country, [and] a contradiction between [the following] verses was pointed out to him. It is written, And the house which King Solomon built for the Lord, the length thereof was threescore cubits, and the breadth thereof twenty cubits, and the height thereof thirty cubits,18 but it is [also] written, And before the Sanctuary which was twenty cubits in length, and twenty cubits in breadth, and twenty cubits in the height19 thereof!20 He replied unto them: [The last mentioned verse] reckons from the edge of the Cherubim21 upwards. What does [this kind of measurement]22 teach us?
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