Study Bava Kamma folio 116A with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
תשפך הכל, ובית הלל אומרים: תעשה זילוף. אמר רבי ישמעאל ברבי יוסי: אני אכריע; בבית – תעשה זילוף, ובשדה – תשפך הכל.
The wine must all be poured out in order to prevent a possible mishap. And Beit Hillel say: Let the wine be used for sprinkling. R' Yishmael, son of R' Yosei, said: I will decide the halakha by proposing an intermediate opinion: If the wine became impure in a house, it may be used for sprinkling, as it can be used immediately, but if it became impure in the field, it must all be poured out, as it is possible that by the time it is brought to the house and used for sprinkling, someone may drink it.
There are those who say that he decided the halakha as follows: With regard to aged wine, it may be used for sprinkling, as it is fit to be sprinkled immediately, but with regard to new wine, which does not yet have a pleasant aroma, it must all be poured out in order to prevent a possible mishap. They said to R' Yishmael, son of R' Yosei: A decision by a third party does not conclusively decide the halakha.
אם אמר לו: ״אציל את שלך וכו׳״. אמאי? ונימא ליה: ״משטה אני בך״!
§ The Mishnah teaches that if the owner of the wine said to the owner of the honey: I will salvage your honey and you will pay me the value of my wine, the owner of the honey is obligated to give him compensation for the wine. The Talmud asks: Why is the stipulation binding? Let the owner of the honey say to him: I was merely fooling with you when I accepted your condition, and I did not agree to it at all.