REVACH L'DAF
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SUMMARY
1. The Gemara discusses a case in which a person sold the same field with trees to two different people.
2. Rav Zevid: The one who bought the trees owns only the trees, and the one who bought the field owns only the field.
3. Rav Papa: The one who bought the trees also owns the land under and around the trees.
4. If one sold a field and left himself some of the trees, he clearly left himself the land under the trees as well.
5. There is a dispute about whether a seller is generous or stingy when he sells.
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A BIT MORE
1. The case is where he sold the trees to one person and the land to the other. Does this mean that the owner of the trees does not own any land?
2. If the trees are destroyed or no longer produce fruit, the owner of the trees has no right to plant new trees. Since he bought these trees only for their fruit, he does not have the ability to plant new trees there (but he may take the wood of the trees).
3. If the one who bought the trees owns no land at all, the landowner should be entitled to tell him to remove his trees from the land. Rather, it must be that the intent of the seller was to sell the land needed for the trees to the owner of the trees.
4. All agree with this, even Rav Zevid.
5. In other words, when it is unclear whether or not certain things are included in the sale of a certain item, if the seller is generally stingy then these things are likely not included in the sale. Rebbi Akiva says that a person is generally generous, while the Chachamim say that one is generally stingy.
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