Commentary for Bava Batra 165:12

בעי רב פפא מכר לו שנים בתוך שדהו ואחד על המצר מהו שנים בתוך שלו ואחד בתוך של חבירו מאי תיקו

R. Jeremiah inquired: What is the law when one sold three branches of [one] tree, [four cubits distant from one another, and covered with alluvium at their knots so that they appear as three separate trees]?<span class="x" onmousemove="('comment',' Are they regarded as three separate trees, the buyer consequently acquiring possession of the necessary ground, or as one tree, since they grow from the same stem? ');">²¹</span> — R. Gebiha of Be-Kathil said to R. Ashi: Come and hear! We learnt:<span class="x" onmousemove="('comment',' Kil. VII, 2. ');">²²</span> Where one bends three vines [covering the middle parts with earth so that the layers,<span class="x" onmousemove="('comment',' Cf. n. 5. ');">²³</span> when detached from the original vines, may each form two vines] and their [new] roots are seen,<span class="x" onmousemove="('comment',' The layers have generated their own roots. ');">²⁴</span> if there is a distance between them of four to eight cubits they combine, said R. Eleazar b. Zadok, to form a vineyard,<span class="x" onmousemove="('comment',' A vineyard consists of no less than five vines. Since each of the three layers. now that their roots are generated. form two vines, the original three vines have become six. ');">²⁵</span> and if not, they do not combine.<span class="x" onmousemove="('comment',' This Mishnah clearly proves that the junction of two vines at the same root does not prevent them from being regarded as separate vines. Likewise in the case of the purchase of three branches of one tree, so long as they are separated by the proper distances, they are regarded as three separate trees. ');">²⁶</span> R. Papa inquired: What is the law when he sold two [trees] in his field and one on [its] border, [do they combine<span class="x" onmousemove="('comment',' To entitle the buyer to acquire ownership of the necessary ground. ');">²⁷</span> or not]? [If it is replied that in this case they combine], what is the law [when he sold] two [trees] in his [own field] and one [tree which he owned together with its ground] in [the field] of his neighbour? — The matter stands undecided.<span class="x" onmousemove="('comment',' [H] = [H] 'let it stand'. An expression used when no definite answer could be given to any question or inquiry. Others regard [H] as formed from the initials of [H] (Elijah the Tishbite will solve all difficulties and enquiries). ');">²⁸</span>

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