Talmud Bavli
Talmud Bavli

Reference for Bava Batra 74:7

אמרי נהרדעי האי מאן דזבין דקלא לחבריה קני ליה משפוליה עד תהומא

the gathering in of their produce does not confer <i>hazakah</i>. Raba strongly questioned this ruling. On this view, he said, how is <i>hazakah</i> to be obtained in a row of clover?<span class="x" onmousemove="('comment',' Which also is planted closely, and with a view to transplanting. ');"><sup>7</sup></span> No, said Raba; [what we should say is that] if a man sells saplings closely planted, the purchaser does not acquire any of the soil.<span class="x" onmousemove="('comment',' Because they are meant to be uprooted. ');"><sup>8</sup></span> R. Zera said: A similar [difference of opinion is found] between Tannaim, [in the following Mishnah]: If a vineyard is planted on less than four cubits,<span class="x" onmousemove="('comment',' I.e., with less than four cubits between the rows of vines. ');"><sup>9</sup></span> R. Simeon says that it is not a vineyard in the legal sense,<span class="x" onmousemove="('comment',' And corn or other seed sown there does not form kilayim. ');"><sup>10</sup></span> whereas the Rabbis say that it is a proper vineyard, the middle row being regarded as non-existent.<span class="x" onmousemove="('comment',' Kil. V, 2; v. infra 83a. And similarly in regard to the trees, the Rabbis look upon the middle ones as non-existent, and therefore if the owner sells them the purchaser acquires the soil round them; whereas Raba follows R. Simeon. ');"><sup>11</sup></span> The Nehardeans say: If a man sells a date tree to another, the purchaser acquires the soil [under it] from its base to the furthest depth.<span class="x" onmousemove="('comment',' And can therefore plant a new one when this one withers. ');"><sup>12</sup></span>

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