1)WHAT IS INCLUDED WITH A FIELD

(a)(Mishnah - R. Akiva): (If one sells a field,) he does not sell the pit, winery or dovecote, whether these are barren or full. He must buy a path to them;

(b)Chachamim say, he need not buy a path;

1.R. Akiva admits that if he said 'except for these', he need not buy a path.

(c)R. Akiva says, if Reuven sold his field to Shimon, and the pit, winery or dovecote to Levi, Levi need not buy a path;

(d)Chachamim say, he must buy a path.

(e)This refers to one who sells, but one who gives a gift gives all of them.

(f)Brothers who divide an inheritance acquire all of these with a field.

(g)If one makes Chazakah to acquire a (Hefker) field of a convert (who died without heirs), he acquires all of them.

(h)If one is Makdish a field (gives it to Hekdesh), they all become Hekdesh;

(i)R. Shimon says, (of all these things,) only grafted carob and sycamore stumps are Hekdesh.

2)ONE GIVES GENEROUSLY

(a)(Gemara) Question: Why is a sale different than a gift?

(b)Answer (Yehudah ben Nekusa): The giver explicitly said that he gives all. The seller did not.

(c)Objection: Neither of them was explicit!

(d)Answer: Rather, the giver did not need to be explicit (all know that one gives generously). The seller needed to be explicit (normally, one sells stingily).

(e)Reuven said 'give to Ploni a house that can hold 100 barrels', and it was found that Reuven owns a house that holds 120.

(f)(Mar Zutra): Reuven wanted to give a house holding 100 barrels, but not a bigger house.

(g)Objection (Rav Ashi - Mishnah): This refers to one who sells, but one who gives a gift gives all of them.

1.Inference: One gives generously;

2.Also here, Reuven gives generously, he is happy for Ploni to get a bigger house!

3)KEEPING LAND FOR TREES

(a)(Mishnah): If one is Makdish a field, they all become Hekdesh.

(b)(Rav Huna): Even though if Reuven buys two trees in Shimon's property, he does not acquire land with them (between or around them, or the right to plant others if these will die or dry up), if Reuven sold his property and kept two trees for himself, he keeps land with them.

1.Even R. Akiva says that one sells generously only regarding pits and cisterns, which endure;

2.Trees weaken. If he would not retain land, the buyer could tell him 'uproot your trees and leave' (when they dry up).

71b----------------------------------------71b

(c)(Mishnah - R. Shimon): Of all these things, only grafted carob and sycamore stumps are Hekdesh. (Other trees are also Hekdesh, they are even included in a sale.)

(d)(Beraisa - R. Shimon): This is because they nurture from the surrounding Hekdesh land. (He does not want to benefit from Hekdesh.)

(e)Question (against Rav Huna): If one leaves land for his trees, they nurture from his own property!

(f)Answer #1: R. Shimon holds like R. Akiva (that one sells generously. Likewise, one is Makdish generously). Rav Huna's law is like Chachamim (one sells stingily. We retracted from what we said above, that Rav Huna's law is even like R. Akiva. Another answer will be given on Daf 72b.)

(g)Objection: Chachamim say that one keeps a path to his pit. We need not say that he keeps land for his trees! (If Rav Huna does not teach even according to R. Akiva, what is his Chidush?)

(h)Answer: He teaches that if they fall, he may plant new trees.

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