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Baba Basra 5:6-7

Baba Basra 5:6

There are four scenarios when it comes to voiding a transaction: if the seller says that grain is good but it turns out to be inferior, the buyer can void the deal. If it was sold as inferior but it turns out to be good, the seller can void the deal. If it was sold as inferior and it actually was inferior, or sold as good and it actually was good, then neither party can void the sale. If grain was sold as dark but it turned out to be white, or vice versa, if lumber was sold as olive wood but it turned out to be sycamore, or vice versa, if a liquid was sold as wine but it turned out to be vinegar, or vice versa, in all of these cases either party can cancel the deal.

Baba Basra 5:7

If one person sells produce to another and the buyer drew it towards himself but he didn’t measure it, he has acquired it. If he measured it but didn’t draw it towards himself, he has not acquired it. A savvy customer would rent the place occupied by the grain (and acquire it that way). If one person buys flax from another, the buyer doesn’t acquire it until he moves it from one place to another (i.e., picks it up and puts it down). If the flax was still attached to the ground and he detached any of it, he acquires all of it.

Author: Rabbi Jack Abramowitz