Search

Bava Batra 96

Want to dedicate learning? Get started here:

podcast placeholder

0:00
0:00




Summary

Rav Yosef brings a braita to clarify whether we hold that wine that is turning to vinegar one should say borei pri hagafen or shehakol. However, the braita had several interpretations and it was therefore unclear which opinion Rav Yosef was trying to prove from the braita.

If one purchases wine and it goes bad soon after, is the seller responsible to give the buyer new wine?

What is the halakha regarding wine that was made from the leftover grapes that had already been used for making wine – is it considered wine or not?

Today’s daily daf tools:

Bava Batra 96

דְּתַנְיָא: הַבּוֹדֵק אֶת הֶחָבִית לִהְיוֹת מַפְרִישׁ עָלֶיהָ תְּרוּמָה וְהוֹלֵךְ, וְאַחַר כָּךְ נִמְצֵאת חוֹמֶץ; כׇּל שְׁלֹשָׁה יוֹם – וַדַּאי, מִכָּאן וְאֵילָךְ – סָפֵק.

As it is taught in a baraita (Tosefta, Terumot 2:8): With regard to one who inspects a barrel to see if it still contains enough wine to continually mentally separate teruma from it to exempt other untithed wine he has, until all the wine in that barrel would be teruma and would be given to a priest, and afterward the contents of the barrel were found to have turned to vinegar, which cannot be set aside as teruma for untithed wine, then all three days after he had last inspected it, it is definitely viewed as having been wine, and any wine for which teruma was separated during those days is tithed. From that point onward, more than three days after the previous inspection, it is uncertain as to whether it had already turned to vinegar, and any wine for which teruma was separated during those days is not tithed.

מַאי קָאָמַר? אָמַר רַבִּי יוֹחָנָן, הָכִי קָאָמַר: כׇּל שְׁלֹשָׁה יָמִים הָרִאשׁוֹנִים – וַדַּאי יַיִן, מִכָּאן וְאֵילָךְ – סָפֵק.

The Gemara clarifies: What is the baraita saying? Rabbi Yoḥanan says that this is what it is saying: For all of the first three days following the inspection, it is definitely viewed as having been wine that had not yet turned to vinegar. From that point onward, it is uncertain as to whether it had already turned to vinegar. Accordingly, any wine for which teruma was separated after those three days by means of designating the contents of that barrel as teruma has an uncertain status.

מַאי טַעְמָא? חַמְרָא – מֵעִילַּאי עָקַר, וְהַאי טַעֲימֵיהּ וְלָא עֲקַר. אִם תִּמְצָא לוֹמַר: בָּתַר דְּטַעֲימֵיהּ עֲקַר; הָוֵה רֵיחָא חַלָּא וְטַעְמֵיהּ חַמְרָא, וְכֹל רֵיחֵיהּ חַלָּא וְטַעְמֵיהּ חַמְרָא – חַמְרָא.

What is the reason? The process in which wine turns sour and becomes vinegar starts with the wine at the top of the barrel; and it is that wine which he tasted when he inspected it, and at that time it had not yet soured. And even if you say that immediately after he tasted it the wine began to sour, during the following three days it would have the odor of vinegar and its taste would be of wine, and anything that has an odor of vinegar but its taste is of wine is regarded as wine.

וְרַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי אָמַר: כׇּל שְׁלֹשָׁה יָמִים הָאַחֲרוֹנִים – וַדַּאי חוֹמֶץ. מִכָּאן וּלְהַלָּן – סָפֵק.

And Rabbi Yehoshua ben Levi says that there is a different interpretation of the baraita: For all of the last three days preceding the discovery that the wine had turned into vinegar, it is definitely viewed as having been vinegar. From that point and earlier, until the time it had been inspected, it is uncertain whether or not it was wine or vinegar.

מַאי טַעְמָא? חַמְרָא מִתַּתַּאי עָקַר, וְאֵימוֹר עֲקַר וְלָאו אַדַּעְתֵּיהּ. וְאִם תִּמְצָא לוֹמַר מֵעִילַּאי עָקַר, וְהָא טַעֲימֵיהּ וְלָא עֲקַר; דִּלְמָא בָּתַר דְּטַעֲימֵיהּ עֲקַר – הָוֵה רֵיחֵיהּ חַלָּא וְטַעְמֵיהּ חַמְרָא, וְרֵיחֵיהּ חַלָּא וְטַעְמֵיהּ חַמְרָא – חַלָּא.

What is the reason? The process in which wine turns sour and becomes vinegar starts with the wine at the bottom of the barrel, and therefore, since the inspection was limited to the wine at the top of the barrel, it is possible to say that wine at the bottom had already started to sour and one was unaware of it. Consequently, it is possible that on the day he tasted it the wine turned entirely into vinegar. And even if you say that the process in which wine turns sour and becomes vinegar starts with the wine at the top of the barrel, and it is that wine that he tasted when he inspected it and at that time it had not yet soured, perhaps immediately after he tasted it the wine began to sour, in which case its odor would be of vinegar and its taste of wine, and anything that has an odor of vinegar but its taste is of wine is regarded as vinegar.

דָּרוֹמָאֵי מַתְנוּ מִשְּׁמֵיהּ דְּרַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי: רִאשׁוֹנִים – וַדַּאי יַיִן, אַחֲרוֹנִים – וַדַּאי חוֹמֶץ, אֶמְצָעִיִּים – סָפֵק.

The Sages of the South taught another interpretation of the baraita in the name of Rabbi Yehoshua ben Levi: For the first three days it is definitely viewed as having been wine. For the last three days it is definitely viewed as having been vinegar. The status of the wine during the intervening period is uncertain.

הָא גוּפָא קַשְׁיָא – אָמְרַתְּ: רִאשׁוֹנִים וַדַּאי יַיִן, אַלְמָא רֵיחֵיהּ חַלָּא וְטַעְמֵיהּ חַמְרָא – חַמְרָא; וַהֲדַר אָמְרַתְּ: אַחֲרוֹנִים וַדַּאי חוֹמֶץ, אַלְמָא רֵיחֵיהּ חַלָּא וְטַעְמֵיהּ חַמְרָא – חַלָּא!

The Gemara asks: This matter itself is difficult, as, since you said that for the first three days it is definitely viewed as having been wine; apparently, if it has the odor of vinegar but its taste is of wine it is regarded as wine. But then you said that for the last three days it is definitely viewed as having been vinegar; apparently, if it has the odor of vinegar but its taste is of wine it is regarded as vinegar, as it can be established only that the odor had changed three days ago.

כְּגוֹן דְּאִשְׁתְּכַח חַלָּא סִיפְתְּקָא, דְּאִי לָאו דַּעֲקַר תְּלָתָא יוֹמֵי – לָא הֲוָה מִשְׁתְּכַח חַלָּא סִיפְתְּקָא.

The Gemara resolves the difficulty: The Sages of the South hold that as long as the wine still tastes like wine, it is regarded as wine. When they said that when a barrel is found to contain vinegar it is certain that the wine had already turned into vinegar three days previously, they were referring to a case where the barrel was found to contain strong vinegar, as, had it not already soured three days previously, the barrel would not have been found to contain strong vinegar; rather, it would contain only mild vinegar.

כְּמַאן פְּשַׁט לֵיהּ? פְּלִיגִי בַּהּ רַב מָרִי וְרַב זְבִיד; חַד אָמַר: כְּרַבִּי יוֹחָנָן, וְחַד אָמַר: כְּרַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי.

Rav Yosef claimed that this baraita can serve as proof with regard to which blessing is recited over wine that has the odor of vinegar but tastes like wine. Having cited three different interpretations of the baraita, the Gemara asks: In accordance with whose interpretation did Rav Yosef resolve the question of which blessing to recite? Rav Mari and Rav Zevid disagree about it. One said that Rav Yosef resolved it in accordance with the interpretation of Rabbi Yoḥanan, that this liquid is regarded as wine and the blessing for wine should be recited over it. And one said that Rav Yosef resolved it in accordance with the interpretation of Rabbi Yehoshua ben Levi, that the liquid is regarded as vinegar and the generic blessing: By Whose word all things came to be, should be recited over it. There is no definitive resolution of the dispute.

אִיתְּמַר: הַמּוֹכֵר חָבִית יַיִן לַחֲבֵרוֹ, וְהֶחְמִיצָה – אָמַר רַב: כׇּל שְׁלֹשָׁה יָמִים הָרִאשׁוֹנִים בִּרְשׁוּת מוֹכֵר, מִכָּאן וְאֵילָךְ בִּרְשׁוּת לוֹקֵחַ.

§ An amoraic dispute was stated with regard to one who sells a barrel of wine to another, and following the sale it turned to vinegar. Rav said: If it soured during any of the first three days following the sale, it is presumed that it had already began to sour in the domain of the seller, and he bears financial responsibility for it; from that point onward, it is presumed that the wine soured in the domain of the buyer, and it is his loss.

וּשְׁמוּאֵל אָמַר: חַמְרָא – אַכַּתְפָּא דְּמָארֵיהּ שָׁוַואר.

And Shmuel said: Even if the wine sours shortly after the purchase, the seller does not bear responsibility, as the wine is agitated as it is carried upon the shoulders of its new owner, causing it to sour quickly.

עֲבַד רַב יוֹסֵף עוֹבָדָא כְּווֹתֵיהּ דְּרַב בְּשִׁיכְרָא, וּכְווֹתֵיהּ דִּשְׁמוּאֵל בְּחַמְרָא. וְהִלְכְתָא כְּווֹתֵיהּ דִּשְׁמוּאֵל.

Rav Yosef ruled in an actual case in accordance with the opinion of Rav, in which beer spoiled shortly after it was sold, and in accordance with the opinion of Shmuel in a similar case involving wine. And the halakha is in accordance with the opinion of Shmuel.

תָּנוּ רַבָּנַן: אֶחָד שֵׁכַר תְּמָרִים, וְאֶחָד שֵׁכַר שְׂעוֹרִים, וְאֶחָד שִׁמְרֵי יַיִן – מְבָרְכִין עֲלֵיהֶם ״שֶׁהַכֹּל נִהְיֶה בִּדְבָרוֹ״. אֲחֵרִים אוֹמְרִים: שְׁמָרִים שֶׁיֵּשׁ בָּהֶם טַעַם יַיִן, מְבָרֵךְ עֲלֵיהֶן ״בּוֹרֵא פְּרִי הַגֶּפֶן״. רַבָּה וְרַב יוֹסֵף דְּאָמְרִי תַּרְוַיְיהוּ: אֵין הֲלָכָה כַּאֲחֵרִים.

§ The Sages taught in a baraita: Whether one drinks date beer, or barley beer, or a beverage made from soaking pomace from the production of wine in water, known as tamad, one recites over them the blessing: By Whose word all things came to be. Aḥerim say: Over wine made from pomace that has the taste of wine one recites the blessing: Who creates fruit of the vine. Rabba and Rav Yosef both say: The halakha is not in accordance with the opinion of Aḥerim.

אָמַר רָבָא: דְּכוּלֵּי עָלְמָא, רְמָא תְּלָתָא וַאֲתָא אַרְבְּעָה – חַמְרָא הוּא. רָבָא לְטַעְמֵיהּ, דְּאָמַר רָבָא: כֹּל חַמְרָא דְּלָא דָרֵי עַל חַד תְּלָת מַיָּא – לָאו חַמְרָא הוּא.

Rava said: According to the opinions of everyone mentioned in the baraita, if one poured three jugs of water over grape pomace and then, after removing the pomace, the volume of the resulting beverage came to four jugs, then that beverage is regarded as wine. Evidently, a quarter of the resulting beverage is from juice that was contained in the pomace, which is pure wine, and that is a sufficient ratio for the beverage as a whole to be regarded as wine. The Gemara interjects Rava’s comments: With this statement, Rava conforms to his standard line of reasoning, as Rava said: Any wine that does not contain three parts water to one part pure wine is not regarded as wine, as it is excessively strong.

רְמָא תְּלָתָא וַאֲתָא תְּלָתָא, וְלָא כְּלוּם הוּא. כִּי פְּלִיגִי, דִּרְמָא תְּלָתָא וַאֲתָא תְּלָתָא וּפַלְגָא – דְּרַבָּנַן סָבְרִי: תְּלָתָא עָיֵיל תְּלָתָא נָפֵיק, פָּשׁ לֵיהּ פַּלְגָא – וּפַלְגָא בְּשִׁיתָּא פַּלְגֵי מַיָּא, וְלָא כְּלוּם הוּא;

Rava continues: If one poured three jugs of water over pomace, and the volume of the resulting beverage still came to three jugs, then it is nothing, i.e., it is not regarded as wine. When the tanna’im in the baraita disagree is in a case where one poured three jugs of water over pomace and the volume of the resulting beverage came to three and a half jugs, as the Rabbis, i.e., the first tanna, hold that three jugs of water were absorbed into the pomace and then the same three jugs of water seeped out of the pomace; therefore, there remains half a jug of the resulting beverage that was originally pure wine contained in the pomace. But half a jug of pure wine mixed into six half-jugs of water is nothing, i.e., the mixture is too weak to be regarded as wine.

וַאֲחֵרִים סָבְרִי: תְּלָתָא עוּל, תְּרֵין וּפַלְגָא נָפֵיק, פָּשׁ לֵיהּ כּוּזָא; וְכוּזָא בִּתְרֵי וּפַלְגָא חַמְרָא, מְעַלְּיָא הוּא.

And Aḥerim hold that three jugs of water were absorbed into the pomace but only two and a half jugs of water seeped out of the pomace, as one jug of water replaced the one jug of pure wine contained in the pomace. Therefore, there remains one jug of the resulting beverage that is pure wine that was previously contained in the pomace. And one jug of pure wine mixed into two and a half jugs of water is regarded as full-fledged wine.

וּבְיוֹתֵר מִכְּדֵי מִדָּתוֹ, מִי פְּלִיגִי?! וְהָא תְּנַן:

The Gemara asks: And where the volume of the resulting beverage is greater than the amount of water that was poured over the pomace, do the Sages ever disagree? But didn’t we learn in a mishna (Ma’asrot 5:6):

Today’s daily daf tools:

Delve Deeper

Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.

For the Beyond the Daf shiurim offered in Hebrew, see here.

New to Talmud?

Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you. 

The Hadran Women’s Tapestry

Meet the diverse women learning Gemara at Hadran and hear their stories. 

Years ago, I attended the local Siyum HaShas with my high school class. It was inspiring! Through that cycle and the next one, I studied masekhtot on my own and then did “daf yomi practice.” The amazing Hadran Siyum HaShas event firmed my resolve to “really do” Daf Yomi this time. It has become a family goal. We’ve supported each other through challenges, and now we’re at the Siyum of Seder Moed!

Elisheva Brauner
Elisheva Brauner

Jerusalem, Israel

I tried Daf Yomi in the middle of the last cycle after realizing I could listen to Michelle’s shiurim online. It lasted all of 2 days! Then the new cycle started just days before my father’s first yahrzeit and my youngest daughter’s bat mitzvah. It seemed the right time for a new beginning. My family, friends, colleagues are immensely supportive!

Catriella-Freedman-jpeg
Catriella Freedman

Zichron Yaakov, Israel

In early 2020, I began the process of a stem cell transplant. The required extreme isolation forced me to leave work and normal life but gave me time to delve into Jewish text study. I did not feel isolated. I began Daf Yomi at the start of this cycle, with family members joining me online from my hospital room. I’ve used my newly granted time to to engage, grow and connect through this learning.

Reena Slovin
Reena Slovin

Worcester, United States

While vacationing in San Diego, Rabbi Leah Herz asked if I’d be interested in being in hevruta with her to learn Daf Yomi through Hadran. Why not? I had loved learning Gemara in college in 1971 but hadn’t returned. With the onset of covid, Daf Yomi and Rabbanit Michelle centered me each day. Thank-you for helping me grow and enter this amazing world of learning.
Meryll Page
Meryll Page

Minneapolis, MN, United States

In January 2020, my chevruta suggested that we “up our game. Let’s do Daf Yomi” – and she sent me the Hadran link. I lost my job (and went freelance), there was a pandemic, and I am still opening the podcast with my breakfast coffee, or after Shabbat with popcorn. My Aramaic is improving. I will need a new bookcase, though.

Rhondda May
Rhondda May

Atlanta, Georgia, United States

I started my journey on the day I realized that the Siyum was happening in Yerushalayim and I was missing out. What? I told myself. How could I have not known about this? How can I have missed out on this opportunity? I decided that moment, I would start Daf Yomi and Nach Yomi the very next day. I am so grateful to Hadran. I am changed forever because I learn Gemara with women. Thank you.

Linda Brownstein
Linda Brownstein

Mitspe, Israel

After being so inspired by the siyum shas two years ago, I began tentatively learning daf yomi, like Rabbanut Michelle kept saying – taking one daf at a time. I’m still taking it one daf at a time, one masechet at a time, but I’m loving it and am still so inspired by Rabbanit Michelle and the Hadran community, and yes – I am proud to be finishing Seder Mo’ed.

Caroline Graham-Ofstein
Caroline Graham-Ofstein

Bet Shemesh, Israel

3 years ago, I joined Rabbanit Michelle to organize the unprecedented Siyum HaShas event in Jerusalem for thousands of women. The whole experience was so inspiring that I decided then to start learning the daf and see how I would go…. and I’m still at it. I often listen to the Daf on my bike in mornings, surrounded by both the external & the internal beauty of Eretz Yisrael & Am Yisrael!

Lisa Kolodny
Lisa Kolodny

Raanana, Israel

With Rabbanit Dr. Naomi Cohen in the Women’s Talmud class, over 30 years ago. It was a “known” class and it was accepted, because of who taught. Since then I have also studied with Avigail Gross-Gelman and Dr. Gabriel Hazut for about a year). Years ago, in a shiur in my shul, I did know about Persians doing 3 things with their clothes on. They opened the shiur to woman after that!

Sharon Mink
Sharon Mink

Haifa, Israel

The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.

Laura Warshawsky
Laura Warshawsky

Silver Spring, Maryland, United States

My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others.  Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life.  Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.

Rina Goldberg
Rina Goldberg

Englewood NJ, United States

I am grateful for the structure of the Daf Yomi. When I am freer to learn to my heart’s content, I learn other passages in addition. But even in times of difficulty, I always know that I can rely on the structure and social support of Daf Yomi learners all over the world.

I am also grateful for this forum. It is very helpful to learn with a group of enthusiastic and committed women.

Janice Block-2
Janice Block

Beit Shemesh, Israel

At almost 70 I am just beginning my journey with Talmud and Hadran. I began not late, but right when I was called to learn. It is never too late to begin! The understanding patience of staff and participants with more experience and knowledge has been fabulous. The joy of learning never stops and for me. It is a new life, a new light, a new depth of love of The Holy One, Blessed be He.
Deborah Hoffman-Wade
Deborah Hoffman-Wade

Richmond, CA, United States

After enthusing to my friend Ruth Kahan about how much I had enjoyed remote Jewish learning during the earlier part of the pandemic, she challenged me to join her in learning the daf yomi cycle. I had always wanted to do daf yomi but now had no excuse. The beginning was particularly hard as I had never studied Talmud but has become easier, as I have gained some familiarity with it.

Susan-Vishner-Hadran-photo-scaled
Susan Vishner

Brookline, United States

I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.

Naomi Niederhoffer
Naomi Niederhoffer

Toronto, Canada

The start of my journey is not so exceptional. I was between jobs and wanted to be sure to get out every day (this was before corona). Well, I was hooked after about a month and from then on only looked for work-from-home jobs so I could continue learning the Daf. Daf has been a constant in my life, though hurricanes, death, illness/injury, weddings. My new friends are Rav, Shmuel, Ruth, Joanna.
Judi Felber
Judi Felber

Raanana, Israel

I started learning when my brother sent me the news clip of the celebration of the last Daf Yomi cycle. I was so floored to see so many women celebrating that I wanted to be a part of it. It has been an enriching experience studying a text in a language I don’t speak, using background knowledge that I don’t have. It is stretching my learning in unexpected ways, bringing me joy and satisfaction.

Jodi Gladstone
Jodi Gladstone

Warwick, Rhode Island, United States

I began my journey with Rabbanit Michelle more than five years ago. My friend came up with a great idea for about 15 of us to learn the daf and one of us would summarize weekly what we learned.
It was fun but after 2-3 months people began to leave. I have continued. Since the cycle began Again I have joined the Teaneck women.. I find it most rewarding in so many ways. Thank you

Dena Heller
Dena Heller

New Jersey, United States

I learned Mishnayot more than twenty years ago and started with Gemara much later in life. Although I never managed to learn Daf Yomi consistently, I am learning since some years Gemara in depth and with much joy. Since last year I am studying at the International Halakha Scholars Program at the WIHL. I often listen to Rabbanit Farbers Gemara shiurim to understand better a specific sugyiah. I am grateful for the help and inspiration!

Shoshana Ruerup
Shoshana Ruerup

Berlin, Germany

I started learning after the siyum hashas for women and my daily learning has been a constant over the last two years. It grounded me during the chaos of Corona while providing me with a community of fellow learners. The Daf can be challenging but it’s filled with life’s lessons, struggles and hope for a better world. It’s not about the destination but rather about the journey. Thank you Hadran!

Dena Lehrman
Dena Lehrman

אפרת, Israel

Bava Batra 96

דְּתַנְיָא: הַבּוֹדֵק אֶת הֶחָבִית לִהְיוֹת מַפְרִישׁ עָלֶיהָ תְּרוּמָה וְהוֹלֵךְ, וְאַחַר כָּךְ נִמְצֵאת חוֹמֶץ; כׇּל שְׁלֹשָׁה יוֹם – וַדַּאי, מִכָּאן וְאֵילָךְ – סָפֵק.

As it is taught in a baraita (Tosefta, Terumot 2:8): With regard to one who inspects a barrel to see if it still contains enough wine to continually mentally separate teruma from it to exempt other untithed wine he has, until all the wine in that barrel would be teruma and would be given to a priest, and afterward the contents of the barrel were found to have turned to vinegar, which cannot be set aside as teruma for untithed wine, then all three days after he had last inspected it, it is definitely viewed as having been wine, and any wine for which teruma was separated during those days is tithed. From that point onward, more than three days after the previous inspection, it is uncertain as to whether it had already turned to vinegar, and any wine for which teruma was separated during those days is not tithed.

מַאי קָאָמַר? אָמַר רַבִּי יוֹחָנָן, הָכִי קָאָמַר: כׇּל שְׁלֹשָׁה יָמִים הָרִאשׁוֹנִים – וַדַּאי יַיִן, מִכָּאן וְאֵילָךְ – סָפֵק.

The Gemara clarifies: What is the baraita saying? Rabbi Yoḥanan says that this is what it is saying: For all of the first three days following the inspection, it is definitely viewed as having been wine that had not yet turned to vinegar. From that point onward, it is uncertain as to whether it had already turned to vinegar. Accordingly, any wine for which teruma was separated after those three days by means of designating the contents of that barrel as teruma has an uncertain status.

מַאי טַעְמָא? חַמְרָא – מֵעִילַּאי עָקַר, וְהַאי טַעֲימֵיהּ וְלָא עֲקַר. אִם תִּמְצָא לוֹמַר: בָּתַר דְּטַעֲימֵיהּ עֲקַר; הָוֵה רֵיחָא חַלָּא וְטַעְמֵיהּ חַמְרָא, וְכֹל רֵיחֵיהּ חַלָּא וְטַעְמֵיהּ חַמְרָא – חַמְרָא.

What is the reason? The process in which wine turns sour and becomes vinegar starts with the wine at the top of the barrel; and it is that wine which he tasted when he inspected it, and at that time it had not yet soured. And even if you say that immediately after he tasted it the wine began to sour, during the following three days it would have the odor of vinegar and its taste would be of wine, and anything that has an odor of vinegar but its taste is of wine is regarded as wine.

וְרַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי אָמַר: כׇּל שְׁלֹשָׁה יָמִים הָאַחֲרוֹנִים – וַדַּאי חוֹמֶץ. מִכָּאן וּלְהַלָּן – סָפֵק.

And Rabbi Yehoshua ben Levi says that there is a different interpretation of the baraita: For all of the last three days preceding the discovery that the wine had turned into vinegar, it is definitely viewed as having been vinegar. From that point and earlier, until the time it had been inspected, it is uncertain whether or not it was wine or vinegar.

מַאי טַעְמָא? חַמְרָא מִתַּתַּאי עָקַר, וְאֵימוֹר עֲקַר וְלָאו אַדַּעְתֵּיהּ. וְאִם תִּמְצָא לוֹמַר מֵעִילַּאי עָקַר, וְהָא טַעֲימֵיהּ וְלָא עֲקַר; דִּלְמָא בָּתַר דְּטַעֲימֵיהּ עֲקַר – הָוֵה רֵיחֵיהּ חַלָּא וְטַעְמֵיהּ חַמְרָא, וְרֵיחֵיהּ חַלָּא וְטַעְמֵיהּ חַמְרָא – חַלָּא.

What is the reason? The process in which wine turns sour and becomes vinegar starts with the wine at the bottom of the barrel, and therefore, since the inspection was limited to the wine at the top of the barrel, it is possible to say that wine at the bottom had already started to sour and one was unaware of it. Consequently, it is possible that on the day he tasted it the wine turned entirely into vinegar. And even if you say that the process in which wine turns sour and becomes vinegar starts with the wine at the top of the barrel, and it is that wine that he tasted when he inspected it and at that time it had not yet soured, perhaps immediately after he tasted it the wine began to sour, in which case its odor would be of vinegar and its taste of wine, and anything that has an odor of vinegar but its taste is of wine is regarded as vinegar.

דָּרוֹמָאֵי מַתְנוּ מִשְּׁמֵיהּ דְּרַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי: רִאשׁוֹנִים – וַדַּאי יַיִן, אַחֲרוֹנִים – וַדַּאי חוֹמֶץ, אֶמְצָעִיִּים – סָפֵק.

The Sages of the South taught another interpretation of the baraita in the name of Rabbi Yehoshua ben Levi: For the first three days it is definitely viewed as having been wine. For the last three days it is definitely viewed as having been vinegar. The status of the wine during the intervening period is uncertain.

הָא גוּפָא קַשְׁיָא – אָמְרַתְּ: רִאשׁוֹנִים וַדַּאי יַיִן, אַלְמָא רֵיחֵיהּ חַלָּא וְטַעְמֵיהּ חַמְרָא – חַמְרָא; וַהֲדַר אָמְרַתְּ: אַחֲרוֹנִים וַדַּאי חוֹמֶץ, אַלְמָא רֵיחֵיהּ חַלָּא וְטַעְמֵיהּ חַמְרָא – חַלָּא!

The Gemara asks: This matter itself is difficult, as, since you said that for the first three days it is definitely viewed as having been wine; apparently, if it has the odor of vinegar but its taste is of wine it is regarded as wine. But then you said that for the last three days it is definitely viewed as having been vinegar; apparently, if it has the odor of vinegar but its taste is of wine it is regarded as vinegar, as it can be established only that the odor had changed three days ago.

כְּגוֹן דְּאִשְׁתְּכַח חַלָּא סִיפְתְּקָא, דְּאִי לָאו דַּעֲקַר תְּלָתָא יוֹמֵי – לָא הֲוָה מִשְׁתְּכַח חַלָּא סִיפְתְּקָא.

The Gemara resolves the difficulty: The Sages of the South hold that as long as the wine still tastes like wine, it is regarded as wine. When they said that when a barrel is found to contain vinegar it is certain that the wine had already turned into vinegar three days previously, they were referring to a case where the barrel was found to contain strong vinegar, as, had it not already soured three days previously, the barrel would not have been found to contain strong vinegar; rather, it would contain only mild vinegar.

כְּמַאן פְּשַׁט לֵיהּ? פְּלִיגִי בַּהּ רַב מָרִי וְרַב זְבִיד; חַד אָמַר: כְּרַבִּי יוֹחָנָן, וְחַד אָמַר: כְּרַבִּי יְהוֹשֻׁעַ בֶּן לֵוִי.

Rav Yosef claimed that this baraita can serve as proof with regard to which blessing is recited over wine that has the odor of vinegar but tastes like wine. Having cited three different interpretations of the baraita, the Gemara asks: In accordance with whose interpretation did Rav Yosef resolve the question of which blessing to recite? Rav Mari and Rav Zevid disagree about it. One said that Rav Yosef resolved it in accordance with the interpretation of Rabbi Yoḥanan, that this liquid is regarded as wine and the blessing for wine should be recited over it. And one said that Rav Yosef resolved it in accordance with the interpretation of Rabbi Yehoshua ben Levi, that the liquid is regarded as vinegar and the generic blessing: By Whose word all things came to be, should be recited over it. There is no definitive resolution of the dispute.

אִיתְּמַר: הַמּוֹכֵר חָבִית יַיִן לַחֲבֵרוֹ, וְהֶחְמִיצָה – אָמַר רַב: כׇּל שְׁלֹשָׁה יָמִים הָרִאשׁוֹנִים בִּרְשׁוּת מוֹכֵר, מִכָּאן וְאֵילָךְ בִּרְשׁוּת לוֹקֵחַ.

§ An amoraic dispute was stated with regard to one who sells a barrel of wine to another, and following the sale it turned to vinegar. Rav said: If it soured during any of the first three days following the sale, it is presumed that it had already began to sour in the domain of the seller, and he bears financial responsibility for it; from that point onward, it is presumed that the wine soured in the domain of the buyer, and it is his loss.

וּשְׁמוּאֵל אָמַר: חַמְרָא – אַכַּתְפָּא דְּמָארֵיהּ שָׁוַואר.

And Shmuel said: Even if the wine sours shortly after the purchase, the seller does not bear responsibility, as the wine is agitated as it is carried upon the shoulders of its new owner, causing it to sour quickly.

עֲבַד רַב יוֹסֵף עוֹבָדָא כְּווֹתֵיהּ דְּרַב בְּשִׁיכְרָא, וּכְווֹתֵיהּ דִּשְׁמוּאֵל בְּחַמְרָא. וְהִלְכְתָא כְּווֹתֵיהּ דִּשְׁמוּאֵל.

Rav Yosef ruled in an actual case in accordance with the opinion of Rav, in which beer spoiled shortly after it was sold, and in accordance with the opinion of Shmuel in a similar case involving wine. And the halakha is in accordance with the opinion of Shmuel.

תָּנוּ רַבָּנַן: אֶחָד שֵׁכַר תְּמָרִים, וְאֶחָד שֵׁכַר שְׂעוֹרִים, וְאֶחָד שִׁמְרֵי יַיִן – מְבָרְכִין עֲלֵיהֶם ״שֶׁהַכֹּל נִהְיֶה בִּדְבָרוֹ״. אֲחֵרִים אוֹמְרִים: שְׁמָרִים שֶׁיֵּשׁ בָּהֶם טַעַם יַיִן, מְבָרֵךְ עֲלֵיהֶן ״בּוֹרֵא פְּרִי הַגֶּפֶן״. רַבָּה וְרַב יוֹסֵף דְּאָמְרִי תַּרְוַיְיהוּ: אֵין הֲלָכָה כַּאֲחֵרִים.

§ The Sages taught in a baraita: Whether one drinks date beer, or barley beer, or a beverage made from soaking pomace from the production of wine in water, known as tamad, one recites over them the blessing: By Whose word all things came to be. Aḥerim say: Over wine made from pomace that has the taste of wine one recites the blessing: Who creates fruit of the vine. Rabba and Rav Yosef both say: The halakha is not in accordance with the opinion of Aḥerim.

אָמַר רָבָא: דְּכוּלֵּי עָלְמָא, רְמָא תְּלָתָא וַאֲתָא אַרְבְּעָה – חַמְרָא הוּא. רָבָא לְטַעְמֵיהּ, דְּאָמַר רָבָא: כֹּל חַמְרָא דְּלָא דָרֵי עַל חַד תְּלָת מַיָּא – לָאו חַמְרָא הוּא.

Rava said: According to the opinions of everyone mentioned in the baraita, if one poured three jugs of water over grape pomace and then, after removing the pomace, the volume of the resulting beverage came to four jugs, then that beverage is regarded as wine. Evidently, a quarter of the resulting beverage is from juice that was contained in the pomace, which is pure wine, and that is a sufficient ratio for the beverage as a whole to be regarded as wine. The Gemara interjects Rava’s comments: With this statement, Rava conforms to his standard line of reasoning, as Rava said: Any wine that does not contain three parts water to one part pure wine is not regarded as wine, as it is excessively strong.

רְמָא תְּלָתָא וַאֲתָא תְּלָתָא, וְלָא כְּלוּם הוּא. כִּי פְּלִיגִי, דִּרְמָא תְּלָתָא וַאֲתָא תְּלָתָא וּפַלְגָא – דְּרַבָּנַן סָבְרִי: תְּלָתָא עָיֵיל תְּלָתָא נָפֵיק, פָּשׁ לֵיהּ פַּלְגָא – וּפַלְגָא בְּשִׁיתָּא פַּלְגֵי מַיָּא, וְלָא כְּלוּם הוּא;

Rava continues: If one poured three jugs of water over pomace, and the volume of the resulting beverage still came to three jugs, then it is nothing, i.e., it is not regarded as wine. When the tanna’im in the baraita disagree is in a case where one poured three jugs of water over pomace and the volume of the resulting beverage came to three and a half jugs, as the Rabbis, i.e., the first tanna, hold that three jugs of water were absorbed into the pomace and then the same three jugs of water seeped out of the pomace; therefore, there remains half a jug of the resulting beverage that was originally pure wine contained in the pomace. But half a jug of pure wine mixed into six half-jugs of water is nothing, i.e., the mixture is too weak to be regarded as wine.

וַאֲחֵרִים סָבְרִי: תְּלָתָא עוּל, תְּרֵין וּפַלְגָא נָפֵיק, פָּשׁ לֵיהּ כּוּזָא; וְכוּזָא בִּתְרֵי וּפַלְגָא חַמְרָא, מְעַלְּיָא הוּא.

And Aḥerim hold that three jugs of water were absorbed into the pomace but only two and a half jugs of water seeped out of the pomace, as one jug of water replaced the one jug of pure wine contained in the pomace. Therefore, there remains one jug of the resulting beverage that is pure wine that was previously contained in the pomace. And one jug of pure wine mixed into two and a half jugs of water is regarded as full-fledged wine.

וּבְיוֹתֵר מִכְּדֵי מִדָּתוֹ, מִי פְּלִיגִי?! וְהָא תְּנַן:

The Gemara asks: And where the volume of the resulting beverage is greater than the amount of water that was poured over the pomace, do the Sages ever disagree? But didn’t we learn in a mishna (Ma’asrot 5:6):

Want to follow content and continue where you left off?

Create an account today to track your progress, mark what you’ve learned, and follow the shiurim that speak to you.

Clear all items from this list?

This will remove ALL the items in this section. You will lose any progress or history connected to them. This is irreversible.

Cancel
Yes, clear all

Are you sure you want to delete this item?

You will lose any progress or history connected to this item.

Cancel
Yes, delete