Talmud - Bava Batra 98a בבא בתרא צ״ח א׳

that is spiced, which is preserved and of lasting quality, that I am selling to you, then he bears financial responsibility to provide him with wine that will keep until the festival of Shavuot. And if the seller said: I am selling you old wine, he is responsible to provide wine from the previous year. And if he said: I am selling you aged wine, he is responsible to provide wine that is from three years earlier.

GEMARA: Rabbi Yosei, son of Rabbi Ḥanina, says: When they taught that the seller does not bear responsibility if the wine sours, that was only if it soured while in the jugs of the buyer; but if it soured in the jugs of the seller, then the buyer could say to him: This is your wine and this is your jug; take it and reimburse me. Since it soured while still in the original jugs, it was clearly flawed from the outset.

The Gemara asks: But even if the wine soured while in the jugs of the seller, what of it? Let the seller say to the buyer: You should not have left it for so long after purchasing it; I should not be responsible just because you chose to do so. The Gemara answers: No, this ruling is necessary in a case where the buyer had said to him that he was purchasing the wine for cooking, in which case it is understood that he needs it to maintain its quality over a longer period of time, as only a small amount is used each time.

The Gemara asks: And what impelled Rabbi Yosei, son of Rabbi Ḥanina, to interpret the mishna as referring to a case where the wine soured while in the jugs of the buyer, and where he had said to him that he wanted the wine for cooking? Instead, let him interpret it as referring to a case where the wine soured while in the jugs of the seller, and to where he had not said to him that he wanted the wine for cooking.

In explanation, Rava said: The mishna was difficult for him, as it teaches in the following clause: But if it is known of this seller that his wine always sours, then this sale is a mistaken transaction. With regard to this clause one could ask: Why is that so? Let the seller say to him: You should not have left it for so long after purchasing it. Rather, isn’t it correct to conclude from that clause that the mishna is referring to a case where the buyer had said to him that he wants the wine for cooking? The Gemara concludes: Yes, one can conclude from it that this is so.

And Rabbi Yosei, son of Rabbi Ḥanina, disagrees with the opinion of Rav Ḥiyya bar Yosef, as Rav Ḥiyya bar Yosef says: With regard to wine, it is the owner’s poor fortune that causes the wine to go sour, as it is stated: “And moreover, wine is a treacherous dealer; the haughty man abides not” (Habakkuk 2:5), which is interpreted to mean that the wine of a haughty man will betray him, as it will sour as a punishment for his arrogance. Accordingly, since the wine soured after the buyer purchased it, he cannot place the blame upon the seller.

The Gemara offers additional homiletic interpretations of the verse just cited. Rav Mari said: One who is haughty is not accepted even by the members of his household, as it is stated: “The haughty man abides not” (Habakkuk 2:5). What does the phrase “abides [yinveh] not” mean? It means that even in his abode [naveh], he is not accepted.

Rav Yehuda says that Rav says: With regard to anyone who glorifies himself by wearing a garment of the style worn by a Torah scholar, but in reality he is not a Torah scholar, he will not be brought within the boundary of the Holy One, Blessed be He, in the World-to-Come. This is alluded to by the fact that it is written in the verse here: “Abides [yinveh] not,” and the meaning of the word yinveh may be derived from that which is written in a verse there: “To Your holy habitation [neveh]” (Exodus 15:13).

Rava says: In the case of one who sells a barrel of wine to a shopkeeper with the understanding that the wine will be for serving to the shopkeeper’s customers and that he will be liable to pay the seller only once the barrel is finished, and the wine spoiled when one-half or one-third of the wine still remained, the halakha is that the seller must accept back the remaining wine from the shopkeeper, as the shopkeeper is liable to pay only for the wine that he sells. And we stated this halakha only in a case where the shopkeeper had not switched the tap of the barrel; but if he had switched the tap, the seller does not have to take the wine back and the shopkeeper must pay for it all. And furthermore, we stated this halakha only where the wine soured before the market day arrived and the shopkeeper did not have the opportunity to sell the entire barrel; but if the wine was still of good quality when the market day arrived, then the seller does not have to take the wine back.

And Rava says: In the case of a vintner who enters a business venture with another person who will sell the wine for him and afterward they will split the profits, then if this middleman who receives the wine to sell does so with the understanding that he will bring it to the port of the city of Vol Shefat and sell it only there, and before he arrives there the price of the wine drops, the halakha is that the vintner must accept the loss.

With regard to the previous case, a dilemma was raised before the Sages: If the wine becomes vinegar before he reaches Vol Shefat, what is the halakha? Rav Hillel said to Rav Ashi: When we were in the study hall of Rav Kahana, he said to us: If the wine becomes vinegar, the vintner does not have to accept the loss; and this is not in accordance with the opinion of Rabbi Yosei, son of Rabbi Ḥanina, who holds that as long as the wine is in the jug of the seller he is able to return it to the seller. The reason for this is that it is possible that the poor fortune of the middleman caused it to sour.

And there are those who say that even if the wine turns into vinegar, the vintner must also accept the loss. In accordance with whose opinion is this? It is in accordance with the opinion of Rabbi Yosei, son of Rabbi Ḥanina.

The mishna teaches: If the seller said: I am selling you old wine, he is responsible to provide wine from the previous year. And if he said: I am selling you aged wine, he is responsible to provide wine that is from three years earlier.

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

BavaBatra 98a explores wine seller liability when wine sours, distinguishing responsibility based on whose containers held it and buyer's intended use.