Commentary for Bava Batra 72:8

אמר רבי ישמעאל בד"א בשדה הלבן: אמר אביי מדרבי ישמעאל נשמע לרבנן היו לו שלשים אילנות ממטע עשרה לבית סאה אכל עשרה בשנה זו ועשרה בשנה זו ועשרה בשנה זו הרי זו חזקה

Where do we find the view of Rab on the subject? — In the following statement: Rab Judah said in the name of Rab: This<span class="x" onmousemove="('comment',' That the period of hazakah for a non-irrigated field is not three full years but either eighteen months or fourteen months, in either case three crops being necessary. ');">⁷</span> is the view of R. Ishmael and R. Akiba, but the Sages say that the <i>hazakah</i> [of such a field] is conferred only by occupation for three full years.<span class="x" onmousemove="('comment',' Lit., 'from day to day'. ');">⁸</span> Now the expression 'full years' is intended to exclude ploughed fallow, is it not?<span class="x" onmousemove="('comment',' Because if the mere ploughing confers hazakah, one day in the year is sufficient. As Tosaf. points out, this reasoning conflicts with the statement made above, that the reason why the Rabbis require three full years is because up to that time a man is careful of his title-deeds. ');">⁹</span> Where is the view of Samuel on the subject expressed? — In the following statement: Rab Judah said in the name of Samuel: This is the view of R. Ishmael and R. Akiba, but the Sages say that <i>hazakah</i> is not obtained until the occupier- has gathered in three crops of dates and culled three vintages and plucked three crops of olives. Where does the difference arise between Rab and Samuel? — The difference arises In the case of a young date tree.<span class="x" onmousemove="('comment',' Which produces three crops in less than three years. According to Rab, three croppings of such a tree would not confer hazakah, according to Samuel they would. R. Han., however, interprets the text to mean 'a date tree which casts its fruit,' and which therefore is not cropped three times even in three years. (V. Rashb.) ');">¹⁰</span> R. ISHMAEL SAID: THIS APPLIES ONLY TO A CORNFIELD etc. Abaye said: On the strength of R. Ishmael's ruling,<span class="x" onmousemove="('comment',' Viz., that the gathering in of one kind of crop is equivalent to occupation for a year. ');">¹¹</span> we may attribute the following opinion to the Rabbis.<span class="x" onmousemove="('comment',' The Rabbis differ from R. Ishmael only in requiring three years where he requires one, but they would agree with him as to what constitutes a crop. Hence we may attribute to them the ruling which follows. ');">¹²</span> Suppose a man has thirty trees in a field planted ten to the beth <i>se'ah</i>,<span class="x" onmousemove="('comment',' 50 cubits square. The reason why ten is taken is because if there are more than ten to the beth se'ah, this constitutes a 'wood', and to plant a field so thickly is not the ordinary way of occupying it. If again there are less, the field is not occupied properly. Cf supra 26b ');">¹³</span> then if he takes the produce of ten in one year, ten in the next, and ten in the third year, this constitutes <i>hazakah</i>.<span class="x" onmousemove="('comment',' I.e., though the owner gathered grapes in each set only in one of the three years, he was reckoned as occupying the whole of the field, and so with the other two crops. ');">¹⁴</span>

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