Responsa for Shabbat 146:10
הזורה הבורר והטוחן והמרקד: היינו זורה היינו בורר היינו מרקד אביי ורבא דאמרי תרוייהו כל מילתא דהויא במשכן
that is only when he effects an improvement, but this man causes damage.<span class="x" onmousemove="('comment',' He spoils the ground by the pit. ');"><sup>18</sup></span> REAPING: A Tanna taught: Reaping, vintaging, gathering [dates], collecting [olives], and gathering [figs] are all one [form of] labour. R. Papa said: He who throws a clod of earth at a palm tree and dislodges dates is liable to two [penalties], one on account of detaching<span class="x" onmousemove="('comment',' That which is attached to the soil, the clod being taken up from the soil. ');"><sup>19</sup></span> and one on account of stripping.<span class="x" onmousemove="('comment',' Rashi: the tree of a burden, sc. the dates. Ri: the dates of their outer skin. In both cases this is a derivative of threshing, which separates the grain from the chaff. ');"><sup>20</sup></span> R. Ashi said: This is not the mode of detaching, nor is it the mode of stripping.<span class="x" onmousemove="('comment',' Hence he is not liable on either score. ');"><sup>21</sup></span> BINDING SHEAVES. Raba<span class="x" onmousemove="('comment',' Maim. and Asheri read: Rabbah. ');"><sup>22</sup></span> said: He who collects salt out of a salina<span class="x" onmousemove="('comment',' A salt deposit, formed by causing sea water to flow into a trench; the water evaporates through the heat of the sun, leaving the salt. Raba refers to this action of directing the water into the trench. ');"><sup>23</sup></span> is liable on the score of binding sheaves.<span class="x" onmousemove="('comment',' It partakes of the same nature, and ranks as a derivative thereof. ');"><sup>24</sup></span> Abaye said: Binding sheaves applies only to products of the soil. THRESHING. It was taught: Threshing, beating [flax in their stalks], and beating [cotton] are all the same form of work. WINNOWING, SELECTING, GRINDING AND SIFTING. But winnowing, selecting, and sifting are identical?<span class="x" onmousemove="('comment',' All consist of separating fit from unfit food. ');"><sup>25</sup></span> — Abaye and Raba both said: Whatever was performed in [connection with the erection of] the Tabernacle,
Teshuvot Maharam
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.
Teshuvot Maharam
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.