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1) ONE WHO EXCEEDED THE QUOTA OF FLAWED ITEMS (cont.)

(a) Support (Beraisa - R. Noson): Less than a sixth, the sale stands; more than a sixth, the sale is void; by exactly a sixth, the overcharge is returned;

1. We do not say, he just returns enough so that the Ona'ah is a sixth!
2. This says that when we return, we must return the entire amount!

(b) Rejection: That is different, there, the seller said he was charging the true value; since the value is not known so well, he pardons a mistake of up to a sixth;

1. More than a sixth, one knows that it is wrong, it is a totally mistaken sale.

(c) Support (Beraisa): A worker accepted to plant trees in Reuven's field; Reuven must accept 10 trees of every 100 that do not bear fruit;

1. If more than this do not bear fruit; the worker must replace all of them.

(d) Rejection (Rav Huna brei d'Rav Yehoshua): If more than this do not bear fruit; it is as if the worker comes to plant a field from the beginning.

(a) (Mishnah): If he sold a wine cellar...
(b) Question: What is the case? No matter what he said, this is difficult!

1. (Beraisa #1): If Reuven said 'I sell you *a* wine cellar', all the wine must be good;

i. If he said 'I sell you *this* wine cellar', the wine must be fit to sell in a store;
ii. If he said 'I sell you *a cellar*', even if it is all vinegar, the sale stands.

(c) Answer #1: Really, he said 'I sell you *a* wine cellar';

1. The first clause of the Beraisa should say, the buyer accepts 10 bad barrels out of every 100.

(d) Question: Is it really true that without specifying, the buyer accepts bad barrels?!

1. Question #1: R. Chiya taught, 'I sell you a barrel of wine' - all the wine must be good.
2. Answer: A single barrel is different, for all the wine is the same quality.
3. Question #2 (Rav Zvid - Beraisa #2): 'I sell you a wine cellar' - all the wine must be good;

i. 'I sell you *this* wine cellar' - all the wine must be good, but the buyer accepts 10 bad barrels out of every 100.

ii. This is the cellar of our Mishnah.

(e) Answer #2: Rather, he said 'I sell you *this* wine cellar'.
(f) Question: Beraisa #1 says that (when he said '*this* wine cellar') the wine must be fit to sell in a store, Beraisa #2 says that it must be good!
(g) Answer: In Beraisa #2 he said '(I sell you *this* wine cellar) to use for cooking', the wine must be good (so it will last a long time), and the buyer accepts 10 bad barrels out of every 100;

1. In Beraisa #1 he did not say 'for cooking', it suffices that it is fit to sell in a store.

(h) Question: If he said 'I sell you *a* wine cellar' and did not say 'for cooking, what is the law?
(i) Answer #1 (Rav Acha or Ravina): The buyer accepts (10 bad barrels out of every 100).
(j) Answer #2 (The other of Rav Acha and Ravina): The buyer need not accept.

1. The first opinion learns from Beraisa #2:'I sell you *a* wine cellar' - all the wine must be good;

i. We established the case to be when he said 'for cooking'.
ii. Inference: Had he not said 'for cooking', he would have to accept bad barrels.

2. The latter opinion learns from Beraisa #1: 'I sell you *a* wine cellar' - all the wine must be good;

i. We established the case to be when he did not say 'for cooking'.

(k) Question: This is difficult for the first opinion!
(l) Answer: The Beraisa is abbreviated, it means as follows (all the wine must be good) - this is when he said 'for cooking Had he not said 'for cooking', he would have to accept bad barrels.

1. If he said 'I sell you *this* wine cellar' and did not say 'for cooking', it suffices that it is fit to sell in a store.

(m) Question: Beraisa #2 is difficult for the latter opinion!

1. We established it when he said 'for cooking' - had he not said 'for cooking', he would have to accept bad barrels.

(n) Answer: No, even had he not said 'for cooking', he would not have to accept bad barrels;

1. We only established it when he said 'for cooking' to resolve the contradiction (with Beraisa #1) in the case of '*this* wine cellar'.

(a) (Rav Yehudah): One blesses Borei Peri ha'Gafen on wine fit to sell in a store.
(b) (Rav Chisda): That is bad wine, one blesses sheha'Kol (Nihyeh Bi'Dvaro).
(c) Question (Beraisa): On moldy bread, on wine that became Koses (slimy), on a cooked dish that spoiled, one blesses sheha'Kol.
(d) Answer (Rav Zvid): Rav Yehudah admits regarding very bad wine that is only sold by the crossroads.