POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Bava Basra 82
BAVA BASRA 82-85 - Sponsored by a generous grant from an anonymous donor.
Kollel Iyun Hadaf is indebted to him for his encouragement and support and
prays that Hashem will repay him in kind.
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, Shimon
owns what grows from the roots).
2) WHICH LAND IS ACQUIRED WHEN TREES ARE SOLD?
(b) Question: What is considered from the stump, 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 that soil will 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 only teaches that the wood belongs
(f) (Rav Nachman): The law of the stump does not apply to
(g) (Rav Zvid): This means, 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 is when Reuven bought the 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).
(a) (Mishnah): If Reuven bought three trees, he acquires
(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.
(d) Question (R. Elazar): The buyer does not own a path to
his trees (according to Chachamim, a person sells
stingily), all the more so he does not get land around
3) THE SPACING OF THE TREES
(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 as 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, a person
(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, if the trees grew, Shimon may cut the
1. According to R. Akiva, a person sells generously,
Shimon may not cut the branches!
(k) Question (Rav Nachman bar Yitzchak): R. Akiva only said
that Shimon sells generously regarding a pit and cistern,
for these do not damage his land;
1. He would not say that he sells generously regarding
a tree, (if it is not pruned) it will damage his
(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 the need of harvesting?)
(n) Answer #1 (Rav Yosef - Mishnah): (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 - end of that Mishnah): If Levi received
a path on the side (of Yehudah's garden), neither may
(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
(a) Question: What must be the spacing between the trees in
order that Reuven acquires land?
(b) Answer #1 (Rav Yosef citing Shmuel): Between four and
(c) Answer #2 (Rava citing Rav Nachman citing Shmuel):
Between eight and 16 Amos.
(d) Question (against Rav Yosef - Abaye - Mishnah) If rows of
a vineyard are 16 Amos apart, it is permitted to seed
other things in between;
1. R. Yehudah: A case occurred, 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.