Commentary for Bava Batra 84:7

ומעידין זה לזה

[To revert to] a previous text: 'Samuel said that a partner is regarded as having freedom to work the whole of the joint property.' What does this tell us? That a partner has no <i>hazakah</i>? Why does he not say distinctly that a partner has no <i>hazakah</i>? — R. Nahman said in the name of Rabbah b. Abbuha: [He chooses the other mode of expression] to show that the partner is entitled to a full half of the mature produce<span class="x" onmousemove="('comment',' Lit., 'improved value that reaches the shoulders,' or 'improved value that is dealt with by the carriers.' The exact meaning of the expression is obscure; it obviously refers to the improved value of trees as opposed to the improved value of land, but there is a difference of opinion as to whether all fruit trees are included, or only those that need careful tending, like vines. V. Tosaf. s.v. [H] ');">¹³</span> in a field that is not meant for plantation in the same way as he would be in a field meant for plantation.<span class="x" onmousemove="('comment',' If a man plants another man's field without the latter's permission, he is entitled to the whole of the 'mature produce that reaches the shoulders,' but only on condition that the field was meant for plantation and not for sowing. Otherwise he can recover no more than his outlay. If, however, he has the consent of the owner, he takes the whole of the produce in any case. Samuel here tells us that the partner in this respect is on the same footing as the metayer who works the field with the owner's consent. ');">¹⁴</span> Partners may give evidence in one another's favour.

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