Discussions for this daf
1. Dates on the border of a field 2. Abaye's proof
DAF DISCUSSIONS - BAVA BASRA 62

PINCHAS asked:

WHEN IT SAYS IF THE DATES ARE ON THE BORDER

WHAT IS THE SIGNIFICANCE OF THE DATES IS IT THAT ITS A CHOSHEV(IMPORTANT TYPE OF FRUIT)SO IT WONT BE INCLUDED.

OR IS IT THAT ITS A DIFFRENT TYPE OF FRUIT AND IT SEPERATES FROM THE REST OF THE FIELD BECAUSE ITS A DIFFERENT TYPE?

PINCHAS , FAR ROCKAWAY NY

The Kollel replies:

According to the Rashbam, the Gemara is discussing an external border. It is only Batel to the field if it does not have its own independent significance, Chashivus. Therefore, we say that when there are dates there, if he did not specify it in the sale then it is assumed that he left it for himself, because something which has independent value is not automatically included. However, if the border is small or insignificant, then we do not assume that the seller left it for himself, since a seller does not leave for himself something insignificant.

D. Zupnik