Responsa for Shabbat 146:5
והחורש: תנא החורש והחופר והחורץ כולן מלאכה אחת הן אמר רב ששת היתה לו גבשושית ונטלה בבית חייב משום בונה בשדה חייב משום חורש אמר רבא היתה לו גומא וטממה בבית חייב משום בונה בשדה משום חורש
one on account of reaping<span class="x" onmousemove="('comment',' Cutting wood from a tree for its use is a derivative of reaping. ');"><sup>8</sup></span> and one on account of planting.<span class="x" onmousemove="('comment',' Pruning is done to enable what is left to grow more freely, and thus it is a derivative of planting. ');"><sup>9</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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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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