Soncino English Talmud
Bava Batra
Daf 82a
the taking and the bringing must be performed by the same man; and in the present case, this has not been done. R. Aha son of Awia said to R. Ashi: Behold, are not these really scriptural verses? Let him recite them! He replied unto him: [One must not recite the verses] because it would appear [as telling] a lie. R. Mesharsheya the son of R. Hiyya said: [Because the fruit] might [mistakenly] be excluded from the heave-offering and from the tithe. [IF THE TREES] GREW LARGE [THE LANDOWNER] MUST NOT CUT DOWN THEIR BRANCHES etc. What is considered [to be] from the stem and what is considered [to be] from the roots? — R. Johanan said: Whatever is exposed to the sun is of the stem, and whatever is not exposed to the sun is of the roots. [How can it be said that all that grows from the stem belongs to the buyer?] Is there not cause to apprehend that the ground might produce alluvium [covering up the knots of the lowest shoots] and that [the buyer] would say [to the landowner]: 'You have sold me three [trees] and I have, [therefore, a share of the] ground'? — But R. Nahman replied: [The buyer] must cut [them] off. R. Johanan also said: He must cut [them] off. R. Nahman said: We have it by tradition [that] a palm-tree has no stem. R. Zebid was of the opinion that this means [that] the owner of the palm-tree has no [rights to that which grows from the] stem, because since [the tree] is destined [when it dries up] to be dug and taken out with the roots, [the buyer] discards [the shoots] from his mind. R. Papa, [however], raised [the following] difficulty: Surely, [the case of him who] BUYS TWO TREES [includes also such trees] as are destined to be dug up and taken out with the roots and [yet] the [Mishnah] teaches that [THE BUYER] HAS [A TITLE TO] THE STEM! — But, said R. Papa, [the reason why] the owner of the palm-tree has no [title to the] stem [is] because the stem does not [usually] produce [any shoots]. According to R. Zebid, however, [there remains] the difficulty of our Mishnah! — [Our Mishnah deals with the case] where [the trees] were sold for five years. ONE WHO BOUGHT THREE [TREES] HAS [IMPLICITLY] ACQUIRED [OWNERSHIP OF THE] GROUND. And how much [ground]? — R. Hiyya b. Abba said in the name of R. Johanan: He has acquired [the ownership of the ground] beneath [the trees] and between them, and round about them