Related for Bava Metzia 201:10
וקסבר אין קנין לנכרי בארץ ישראל להפקיע מיד מעשר
Now, the scholars understood it thus: What is meant by 'a field of his fathers' is Palestine. And the reason it is called the 'field of his fathers' is because it is a field of Abraham, Isaac and Jacob. And he [R. Judah] holds: A heathen cannot acquire a title in Palestine to free [the crops] from tithes; also, one who leases [on a percentage] is as a renter [at a fixed rent]: just as a renter must tithe crops and pay him, whether the field produces or not,<span class="x" onmousemove="('comment',' The rent being paid in crops. ');"><sup>10</sup></span>
Tosefta Ketubot
One who takes possession of his fellow's ruin and builds it without permission, when he goes out and says, "Give me my wood and my stone!", they don't listen to him. (The following is defective in the printed edition, translating from the Ehrfurt manuscript:) Rabban Shimon ben Gamliel says: Beit Shammai say: He is allowed to do this; Beit Hillel say: They don't listen to him. One who takes possession of his fellow's ruin and builds it without permission, they evaluate for him and he has the lower hand. With permission, they evaluate for him and he has the upper hand. In what way does he have the lower hand? If the profit is more than the expenses, he pays him the expenses; but if the expenses are more than the profit, he pays him the profit.
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Tosefta Ketubot
One who takes possession of his fellow's ruin and builds it without permission, when he goes out and says, "Give me my wood and my stone!", they don't listen to him. (The following is defective in the printed edition, translating from the Ehrfurt manuscript:) Rabban Shimon ben Gamliel says: Beit Shammai say: He is allowed to do this; Beit Hillel say: They don't listen to him. One who takes possession of his fellow's ruin and builds it without permission, they evaluate for him and he has the lower hand. With permission, they evaluate for him and he has the upper hand. In what way does he have the lower hand? If the profit is more than the expenses, he pays him the expenses; but if the expenses are more than the profit, he pays him the profit.
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