Talmud Bavli
Talmud Bavli

Commentary for Bava Metzia 157:10

במאי קמיפלגי רב סבר לא מכלינן קרנא ושמואל סבר מכלינן קרנא

An objection is raised: If the tree withered or was broken down, both are forbidden to use it. What then shall be done? Land must be bought therewith, and he takes the usufruct.<span class="x" onmousemove="('comment',' The reference is to a mortgage. If a tree was mortgaged, it being agreed that the creditor should enjoy its usufruct for a number of years, after which it would revert to the debtor without any further payment, and then it withered, ceasing to yield, or was overthrown by a storm, neither the creditor nor the debtor may use up the wood thereof, because each thereby wholly destroys the other's interest therein. Therefore the wood must be sold and land bought with the proceeds, of which the creditor takes the usufruct in accordance with the original agreement. ');"><sup>9</sup></span>

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