Siman 323

One who leases a field from his fellow to give him such and such wheat per year, and the wheat was stricken such that they were bad, thin, and parched, nevertheless he gives to him from within it as they are. The lessor cannot say, "Purchase wheat for me from the market." And even if they were not stricken while attached to the ground, but rather the sheaves were stricken in the field after the harvest, and the lessor could say, "Behold, my land grew them well and they were spoiled while with you," nevertheless, since we did not see that the lessee performed some spoilage that we could attribute to him, the lessor is obligated to receive whatever wheat they are. And just as if they were wheat more beautiful than all other wheat, the lessee would not have the ability to push him off with wheat from the market, so too the reverse. Moreover, even if it is known that every year it produced good wheat and with this lessee they were spoiled, and if so, the fortune of this lessee caused it—and behold, regarding a case where locusts consumed it when his fortune caused it, he must purchase wheat for him—nevertheless, when there is wheat but it is bad, the lessor must receive it, for it was on this condition that the lessee entered into it.

In what case are these words said? When it is not known to us that the lessee changed anything in his condition. But if he changed, for example, if he conditioned with him to sow it with wheat and he sowed it with barley, and he conditioned to give him barley for his lease and the barley was stricken, he does not give to him from within it; rather, he purchases for him good ones from the market. And he cannot say, "Behold, I conditioned to give you barley and I have some from this field," because he can say to him, "Behold, the condition was for barley from the market, since the condition was to sow wheat and you changed." And all the more so if he caused damage in his sowing, or did not weed properly, or some other damage that he did, that he does not need to accept from him from his field, even if he conditioned for wheat and sowed wheat.

Even though it has been explained that although the blight occurred after the harvesting, nevertheless he gives to him from within it—for example, sheaves that were blighted after they were harvested, which he placed to dry in the sun and they became spoiled, and he did not act improperly nor did he leave them longer than the appropriate measure; and similarly, if he leased a vineyard from him for ten baskets of grapes and they grew well, and after they were harvested they became overripe such that their taste faded and they soured, nevertheless since he was not negligent in any matter, he gives to him from these grapes—nonetheless, the Sages, of blessed memory, said that wine has a different law. For if he leased the vineyard from him for ten jugs of wine, and the wine soured while with the lessee in his barrels, even though it is known that he did everything properly, nevertheless he is obligated to buy him good wine and give it to him. This is because it is a tradition among our Sages, of blessed memory, that wine depends on the fortune of the owners, for there are those who give their fellow good wine and immediately when it comes into the hand of the recipient it becomes spoiled. Therefore, even though we explained that in this case "his own fortune did not cause it," nevertheless with wine, where the matter is known to depend on the fortune of the owners, he does not have to accept bad wine from him, and he must take good wine for him. Furthermore, it is reasonable that regarding wheat and grapes, whether they are good or bad, their name remains upon them; but wine, when it has soured, the name "wine" is no longer upon it, only "vinegar," and he is required to give him wine. Furthermore, wheat and grapes, even after their picking, still require the ground to dry out, and they are like that which grows thus from his ground; but wine in a barrel has no connection to the ground at all. And if he stipulated to give from this specific wine, everything follows his stipulation.