1)

(a)What did Rav Z'vid say about a case where Reuven establishes a Chazakah on the trees in Levi's field, and Shimon on the land itself?

(b)Why might we have thought that this ruling will not apply to a case involving three trees?

(c)Why in fact, does it apply there too?

1)

(a)In a case where Reuven establishes a Chazakah on the trees in Levi's field and Shimon on the land itself, Rav Z'vid ruled - that Reuven acquires the trees and Shimon, the field.

(b)We might have thought that this ruling will not apply to a case where three trees are involved - because, as we will learn in the fifth Perek, someone who acquires three trees, generally acquires the land that is required to tend to them.

(c)In fact however, it does apply - because the ruling there is confined to where Reuven alone purchases the trees from the owner, but not to where someone else purchases the land (since the latter can claim, that just as he has no part in the former's trees, so too, does the former have no part in his land.

2)

(a)On what grounds did Rav Papa object to Rav Z'vid's ruling?

(b)Did he mean by that, that Reuven would have to uproot his trees immediately?

(c)So how did Rav Papa rule?

(d)What are the two possible ways of explaining Rav Papa's ruling?

(e)Why will this ruling apply even if Reuven bought only two trees (even assuming that he acquires literally half the land, and), even though someone who purchases two trees does not normally acquire the land?

2)

(a)Rav Papa objected to Rav Z'vid's ruling on the grounds - that, if that were so, and Reuven had no rights in the ground at all, then Shimon would be able to force him to cut down his tree and leave (and not plant another tree in its place).

(b)By that, he did not mean that Reuven would have to uproot the trees immediately, because, as we will learn later, as long as the tree is producing fruit, it will be permitted to remain, and Rav Papa's objection applies to the moment the tree dies.

(c)Rav Papa therefore ruled - that, besides the trees, Reuven was also entitled to half the field...

(d)... either half literally, or as much as the trees need to be tended to,

(e)And this ruling will apply even if Reuven bought only two trees (even assuming that he acquires literally half the land, and), even though someone who purchases two trees does not normally acquire the land - because since Levi sold both the field and the trees, Reuven can claim that just as the owner sold Shimon the field liberally, so too, did he sell him the trees liberally.

3)

(a)It is obvious that someone who sells his field leaving himself only his trees, also retains the Sh'iur of land that he needs to tend to them (and to replant new trees after the original ones have died). How many trees are we talking about?

(b)What does Rebbi Akiva mean when he says, with reference to someone who sells his field with the exception of the pit, that the seller sells generously?

(c)How do we reconcile the previous ruling (regarding the trees) with that of Rebbi Akiva? What is the difference between someone who sells a field, whether he holds back the trees or the pit?

3)

(a)It is obvious that someone who sells his field leaving himself only his trees, that he also retains the Shiur of land that he needs to tend to them (and to replant new trees after the original ones have died) - we are talking even about two trees (because if it was three, then even this statement would be superfluous (since it is obvious that he acquires the land too, no less than if he had sold three trees to someone else).

(b)When Rebbi Akiva says, with reference to someone who sells a pit in his field, that the seller sells generously, he means - that he does not even retain for himself a path to get to his pit.

(c)The difference between someone who sells a field, whether he holds back the trees or the pit is - that with regard to the former, due to the fact that trees weaken the ground, unless the seller safeguards himself by retaining some land together with the trees, the purchaser will eventually order him to cut down the trees (as we explained earlier); whereas in the latter case, where his pit does not pose a threat to the purchaser, Rebbi Akiva holds that he sells the land liberally.

37b----------------------------------------37b

4)

(a)If someone sells three trees in his field, stipulating that he retains the land, everyone agrees that the purchaser is entitled to the necessary land to tend to the trees. What would be the Din in the same case, if he sold him two trees instead of three?

(b)Bearing in mind that both Rav Z'vid and Rav Papa on the previous Amud (with regard to the case of two purchasers) expressed their opinions unanimously, on what grounds will even ...

1. ... Rav Z'vid agree here that, according to Rebbi Akiva, the purchaser is entitled to land?

2. ... Papa agree here, that according to the Rabbanan, the purchaser is not entitled to land?

4)

(a)If someone sells three trees in his field, stipulating that he retains the land, everyone agrees that the purchaser is entitled to the necessary land to tend to the trees. Whereas if he sold him two trees - he would still be entitled to land according to Rebbi Akiva, but not according to the Rabbanan.

(b)Despite the fact that both Rav Z'vid and Rav Papa on the previous Amud (with regard to the case of two purchasers) expressed their opinions unanimously, in this case even ...

1. ... Rav Z'vid will agree that, according to Rebbi Akiva, the purchaser is entitled to land - because when it comes to a single purchaser, he holds 'Mocher be'Ayin Yafah Mocher' (a person tends to sell generously).

2. ... Rav Papa will agree here, that according to the Rabbanan, the purchaser is not entitled to land - because in the case of a single purchaser, they hold 'Mocher be'Ayin Ra'ah Mocher'.

5)

(a)What do the Neherda'i mean when they say (with regard to the thirty trees in three Beis-Sa'ah) 'Achlan Retzufin, Ein lo Chazakah'?

(b)What problem does Rava have with this from a row of Aspasta (crops that are planted with the intention of picking them prematurely as animal fodder)? In what way does he compare Aspasta to our case?

(c)What is the alternative way (besides the mere fact that in both cases, they are too compact) of explaining the connection between Aspasta and fifteen trees in a Beis-Sa'ah? Why else would neither constitute a Chazakah according to Rava?

(d)How would the Neherda'i counter Rava's Kashya?

5)

(a)When the Neherda'i say (with regard to the thirty trees in three Beis-Sa'ah) 'Achlan Retzufin, Ein lo Chazakah', they mean - that, in the case of thirty trees in three Beis-Sa'ah that we discussed earlier, if for example, fifteen (more than ten) of those trees are growing in one Beis-Sa'ah, then Reuven's Chazakah is not effective, because the trees are too squashed.

(b)Rava's problem with that from Aspasta (crops that are planted with the intention of picking them prematurely as animal fodder) which, like fifteen trees in a Beis-Sa'ah, grow tightly-packed together, is - that, according to the Neherda'i, one should not be able to establish a Chazakah on Aspasta either, yet we learned at the beginning of the Perek, that one can.

(c)Alternatively, neither would constitute a Chazakah according to Rava - since in both cases, precisely because they are growing so compactly together, the owner will eventually uproot the excess crops and replant them.

(d)The Neherda'i would counter Rava's Kashya - by differentiating between fifteen trees in a Beis-Sa'ah, which is not the normal way of planting trees, and Aspasta, which is normally planted like that.

6)

(a)How does Rava therefore amend the Neherda'i's statement?

(b)Rebbi Zeira points out that Rava's interpretation of the statement is subject to a Machlokes Tana'im in a Mishnah in Kil'ayim, where Rebbi Shimon says that if the rows of trees in a vineyard are planted less than four Amos apart, it is not a vineyard. What are the ramifications of this statement?

(c)What do the Rabbanan say?

(d)What would the Rabbanan therefore hold in Rava's case (where Reuven sells Shimon fifteen trees in a Beis-Sa'ah)?

6)

(a)Rava therefore amends the Neherda'i's statement to read - that if Reuven sold Shimon fifteen trees in a Beis-Sa'ah, Shimon is not entitled to land.

(b)Rebbi Zeira points out that Rava's version of the statement is subject to a Machlokes Tana'im in a Mishnah in Kil'ayim, where Rebbi Shimon says that if the rows of trees in a vineyard are planted less than four Amos apart, it is not a vineyard, meaning - that it is not subject to Kil'ayim, and that if the owner then plants seeds in between the rows, he neither receives Malkos for having contravened the La'av of "Lo Sizra Karm'cha Kil'ayim", nor are they forbidden to eat.

(c)The Rabbanan - consider each alternate row as if it had been removed, in which case planting seeds there would be considered Kil'ayim.

(d)Consequently, Rava's statement follows the opinion of Rebbi Shimon. According to the Rabbanan - if Reuven sells Shimon fifteen trees in a Beis-Sa'ah, Shimon will indeed be entitled to land (since there too, we consider the extra five trees to have been uprooted).

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