Quoting%20commentary for Bava Batra 158:3

דתנא קמא סבר לה כרבנן דאמרי אין אדם מקנה דבר שלא בא לעולם ור"א ברבי שמעון סבר כר"מ דאמר אדם מקנה דבר שלא בא לעולם

[has reference] to cistern and dove-cote, but [in the case of] field and tree both agree that they and their contents are subject to the law of <i>Me'ilah</i>. On what principle do they<span class="x" onmousemove="('comment',' R. Eleazar and the first Tanna. ');">⁵</span> differ when the cistern and dove-cote are empty, and on what principle do they differ when the cistern and dove-cote are full? — When [the cistern and dove-cote are] empty, the dispute is analogous to that of R. Meir and the Rabbis. For the first Tanna is of the same opinion as the Rabbis who said no one can hand over possession of a thing that does not exist,<span class="x" onmousemove="('comment',' Lit., 'that has not come to the world'. Consequently the doves and the water, being non-existent at the time of the dedication, are not regarded as the property of the sanctuary, and the appropriation of them involves no trespass offering. ');">⁶</span>

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