Related for Bava Metzia 217:16
ולרבא מאי שנא מהא דתנן אם אוביר ולא אעביד אשלם במיטבא התם מאי דאפסיד משלם הכא מאי דאפסיד מנכינן ליה ואידך יהבינן ליה
Said R. Shisha the son of R. Idi to R. Papa: If so, [had you leased] palm-trees, and these grew thicker [during the period of lease], would you then, Master, also demand the improvement? — He replied: There, I should not have taken possession for that purpose; but here I leased it<span class="x" onmousemove="('comment',' Lit., 'descended therein.' ');"><sup>13</sup></span>
Tosefta Ketubot
If the son sold [property written to him by his father for after his death] and (sic! according to Ehrfurt manuscript and most Rishonim, see Lieberman's notes) his father died, if there is property [still] attached to the ground [i.e. that the buyer has not used in the meantime], they evaluate for him [i.e. the property returns to the inheritors, but the buyer gets a certain amount of money as if he were a tenant, see end of this halakhah, also Lieberman and Tosefta Ketubot 8:4 above]. One who receives a field from his fellow [and then the original owner wants it back] which is an irrigated field or orchard [two types of field that are a lot of work to look after], if there is property attached to the ground, they evaluate for him [as a tenant]. One who receives a field from his fellow and the 7th year arrives, if there is property attached to the ground, they evaluate for him. (The following is not in the printed edition but supplied by Ehrfrut manuscript:) One who receives a field from his fellow and the time arrives when he has to leave, if there are [property] attached to the ground, they evaluate for him. And for all of these, they evaluate them as if he were a tenant.
Ask RabbiBookmarkShareCopy