Commentary for Bava Batra 295:5

אמר ליה ר' אבא לרב אשי אנן אדרבי שמעון בן לקיש מתנינן לה דאמר רבי שמעון בן לקיש המוכר בית לחבירו ואמר לו על מנת שדיוטא העליונה שלי דיוטא העליונה שלו

[that if the fruit were given] to another [person, the dying man does] not reserve [their place, the question may be asked]: What [is the law if] he said,<span class="x" onmousemove="('comment',' The text and interpretation here adopted (cf. Rashb. second version; R. Gersh. first versionl; and BaH, a.l.) differ from the version in the current editions and from its rather difficult interpretation to which commentators had recourse. A translation of that version would run somewhat as follows: (If he left the fruit) for himself (giving away the tree) except its fruit, what (is the law)? (Is it assumed that for oneself one makes liberal reservation and, consequently. he left for himself the place of the fruit also, and the gift is. accordingly, valid; or is there no difference between reserving for oneself and for another)? Raba said in the name of R. Nahman: If (some reason) could be found for the decision (that where a person gave) a date-tree to one (man) and its fruit to another, the place of the fruit is not reserved; (if he gave) a date-tree to one and reserved the fruit for himself, he did reserve the place of the fruit. What is the reason? — Wherever it is a case of personal interests one makes liberal reservation. ');">¹²</span> except its fruit'?<span class="x" onmousemove="('comment',' In addition to, 'Give him the date tree'. Does the superfluous addition, 'except etc.', imply that he wished to reserve for himself the place of the fruit and, consequently, he cannot anymore withdraw? (V. note l). ');">¹³</span> Raba said in the name of R. Nahman: [Even] if [some reason] be found for the decision<span class="x" onmousemove="('comment',' V. note 3' ');">¹⁴</span> [that in the case where the] date-tree [was given] to one [person] and the fruit thereof to another, the place of the fruit is not [regarded as] reserved, [if he specifically added,] 'Except its fruit', he [thereby] reserved the place of the fruit; and [this is] in accordance with [the view of] R, Zebid<span class="x" onmousemove="('comment',' V. notes on R. Zebid's statement, infra 148b. ');">¹⁵</span> who stated that if he wished to attach mouldings to it he may do [so]. From this it clearly follows that because he reserved the upper storey he also reserved the place of the mouldings. [so] here also, since he said, 'Except its fruit'. he reserved the place of the fruit. R. Abba said to R. Ashi: We learnt it<span class="x" onmousemove="('comment',' The enquiry above, and R, Nahman's statement. ');">¹⁶</span> in connection with [the following statement] of R. Simeon b. Lakish. For R. Simeon b. Lakish stated: When someone, in selling a house to another, told him, 'On condition that the upper storey [remains] mine', the upper storey [remains] his.<span class="x" onmousemove="('comment',' Supra 63a, 64a. ');">¹⁷</span>

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