1)WHAT IS INCLUDED WHEN TREES ARE SOLD?

(a)(Mishnah): If the trees grew, Shimon may not cut the branches... (Reuven owns what grows from the stump, and Shimon owns what grows from the roots).

(b)Question: What is considered from the stump, and what is considered from the roots?

(c)Answer (R. Yochanan): Whatever is above the ground is considered the stump. Whatever is below the ground is considered the roots.

(d)Question: We should be concerned lest soil be deposited near the stump, making outgrowths look like independent trees (and the buyer will claim that he bought three trees, and acquired land! Chachamim should have said that the seller may cut the growths!)

(e)Answer (Rav Nachman and R. Yochanan): Indeed, we cut the growths. The Mishnah teaches only that the wood belongs to Reuven.

(f)(Rav Nachman): The law of the stump does not apply to date trees.

(g)(Rav Zvid): This means that the buyer does not get what grows from the stump. Since it will be uprooted when it dies, he does not hope to get anything from it.

(h)Rejection (Rav Papa): If Reuven buys two trees, he gets what grows from the stumps, even though they will be uprooted when they die!

(i)(Rav Papa): Rather, he does not get what grows from the stump, because normally nothing grows from date stumps (therefore, he does not hope to get anything).

(j)Question: How did Rav Zvid understand the Mishnah?

(k)Answer: The Mishnah discusses one who bought a tree for five years. (If it dies within this time, he may plant a new tree in its place, therefore he expects to benefit from the stump.)

2)HOW MUCH LAND DOES ONE ACQUIRE WITH TREES?

(a)(Mishnah): If Reuven bought three trees, he acquires land.

(b)Question: How much land does he acquire?

(c)Answer (R. Chiya bar Aba): He acquires the land under and between them, and the area around them for the harvester and his basket.

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(d)Question (R. Elazar): The buyer does not own a path to his trees (according to Chachamim, who say that one sells stingily). All the more so he does not get land around them!

(e)Answer: The seller does not give a path, for this is different land. He does give area around them; it goes with the land between them.

(f)(R. Zeira): According to R. Elazar, if Reuven bought two trees, (he does not acquire the land between them, but) he acquires a path to them. (Rashbam - just like Shimon lets Reuven use the land they are on, he also allows use of a path; Tosfos - R. Elazar holds that it is more reasonable to get a path than the surrounding land. When Reuven buys two trees, he acquires the surrounding land. Shimon cannot cut them if they grow!)

1.Reuven can say 'they are on your land!'

(g)Suggestion (Rav Nachman bar Yitzchak): R. Elazar argues with Shmuel, his Rebbi.

1.(Shmuel): The Halachah follows R. Akiva, who says that one sells generously.

(h)Rejection (Rava): No. R. Elazar explains our Mishnah, which cannot be like R. Akiva.

(i)Question: Why can't the Mishnah be like R. Akiva?

(j)Answer: It says that if the trees grew, Shimon may cut the branches;

1.According to R. Akiva, one sells generously, so Shimon may not cut the branches!

(k)Question (Rav Nachman bar Yitzchak): R. Akiva said that Shimon sells generously only regarding a pit and cistern, for these do not damage his land;

1.He would not say that he sells generously regarding a tree, for (if it is not pruned) it will damage his land!

(l)Support (for R. Chiya bar Aba - Beraisa): He acquires the land under and between them, and the area around them for the harvester and his basket

(m)Question (Abaye): Who has the right to seed the area (needed to harvest) around the trees? (Does the buyer totally own them, or only for needs of harvesting?)

(n)Answer #1 (Rav Yosef - Mishnah): (If Levi owns a garden inside Yehudah's garden, and may use a path to his garden,) Yehudah has the right to seed the path.

(o)Rejection (Abaye): There is different, for Levi does not lose if Yehudah seeds the path;

1.Here, if Shimon seeds the surrounding area, Reuven's fruit will get dirty (when it falls)!

(p)Answer #2 (Abaye - Seifa of that Mishnah): If Levi received a path on the side (of Yehudah's garden), neither may seed it.

(q)Support (for Abaye - Beraisa): He acquires the land under and between them, and the area around them needed for the harvester and his basket. Neither may sow the surrounding area.

3)THE SPACING OF THE TREES

(a)Question: What must be the spacing between the trees in order that Reuven acquires land?

(b)Answer #1 (Rav Yosef citing Shmuel): It must be between four and eight Amos.

(c)Answer #2 (Rava citing Rav Nachman citing Shmuel): It must be between eight and 16 Amos.

(d)Question (against Rav Yosef - Abaye - Mishnah): If rows of a vineyard are 16 Amos apart, one may seed other things in between;

1.R. Yehudah: A case occurred in which a man spaced the rows of his vineyard 16 Amos apart. He would lean the vines of rows one and two towards each other, and also of rows three and four,... and sow in the spaces not covered by vines (between two and three, between four and five,...);

2.The next year, he would lean the vines to where he sowed the previous year (between two and three,...), and sow where the vines were leaning the previous year (between one and two,...)

3.Chachamim approved of this. (It was permitted only because he leaned the vines away, to leave 16 Amos in between rows of vines. If it were less than 16, the rows would join, and he would need to distance like from a vineyard!)

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