Responsa for Bava Batra 125:7

אמר ריש לקיש זאת אומרת המוכר בית לחבירו ואמר לו על מנת שדיוטא העליונה שלי דיוטא העליונה שלו

therefrom is to be given to him,<span class="x" onmousemove="('comment',' In preference to any other Levite. ');">¹²</span> the first tithe from it must be given to him. If he stipulated that it was to be given to him and to his sons and he then died, it is to be given to his sons. If the stipulation is, 'as long as this field is in your possession,' and he [the purchaser] sells it and then buys it again, the Levite has no claim on him. How can [all] this be, seeing that a man cannot transfer to another possession of something that does not yet exist?<span class="x" onmousemove="('comment',' Lit., 'has not yet come into the world'. How then could the man who bought the field from the Levite make him the possessor of the tithe before even the seed was sown? ');">¹³</span> — Since the Levite stipulated that the first tithe should be given to him, he in effect reserved to himself the area of the tithe.<span class="x" onmousemove="('comment',' Because otherwise the stipulation would be an idle one, and we must suppose that the Levite meant something with it. ');">¹⁴</span> Resh Lakish said: This shows that if a man sells an apartment to another with the stipulation that the top layer<span class="x" onmousemove="('comment',' [H] [G]; apparently this refers to the top layer of the parapet surrounding the roof, and the expression is therefore equivalent to 'a roof with a parapet', or 'a roof chamber'. [So Rashb. R. Gersh. and Yad Ramah define it simply as a low-ceilinged upper storey. V. however Krauss, op. cit. I, 23, and Tosaf. 64a, s.v. [H]]. ');">¹⁵</span> is still to belong to him, the top layer belongs to him.

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