Responsa for Bava Batra 107:4
ואמר שמואל האי מאן דאתקיל תיקלא אדעתא דארעא קני אדעתא דבי דרי לא קני היכי דמי שקל מוליא ושדא בנצא אדעתא דארעא מוליא במוליא ונצא בנצא אדעתא דבי דרי
but if it is to obtain firewood, he does not. How can we tell [which is which]? — If he picks up [all the sticks,] both big and small, then [we know] his purpose is to prepare the soil, but if he takes the big ones and leaves the little ones, then [we know that] he merely wants firewood. Samuel further said: If a man levels a field,<span class="x" onmousemove="('comment',' Lit., removes obstacles'. ');"><sup>4</sup></span>
Teshuvot Maharam
Q. B bought property from a Gentile which bordered on A's property. Before paying for it, B, to acquire possession, did some digging in the Gentile's yard in the presence of witnesses. After B did so, but before he had paid the money to the Gentile, A constructed apertures for windows in his wall facing the property. Did A acquire rights to window lights?
A. In city property digging is not considered a valid act of possession. Likewise A did not acquire any rights to window lights since a Gentile does not renounce his rights to his property before he receives the money, and the Gentile's property was, therefore, not (res nullis) ownerless. However, before paying money to the Gentile, let B perform a valid act of possession (such as locking a door, fixing or breaking part of the fence, etc.); otherwise A will acquire rights to window lights during the interval between the paying of the money and B's taking formal possession, since during such interval the Gentile's property will be res nullis.
SOURCES: Cr. 63–64; Pr. 28–29; L. 338; Mord. ibid.
A. In city property digging is not considered a valid act of possession. Likewise A did not acquire any rights to window lights since a Gentile does not renounce his rights to his property before he receives the money, and the Gentile's property was, therefore, not (res nullis) ownerless. However, before paying money to the Gentile, let B perform a valid act of possession (such as locking a door, fixing or breaking part of the fence, etc.); otherwise A will acquire rights to window lights during the interval between the paying of the money and B's taking formal possession, since during such interval the Gentile's property will be res nullis.
SOURCES: Cr. 63–64; Pr. 28–29; L. 338; Mord. ibid.
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