Bava Batra 163

עד שתהא לקיחה והבאה כאחד והא ליכא א"ל רב אחא בריה דרב אויא לרב אשי מכדי פסוקי נינהו ליקרי

the taking and the bringing must be performed by the same man; and in the present case, this has not been done. R. Aha son of Awia said to R. Ashi: Behold, are not these really scriptural verses?<span class="x" onmousemove="('comment',' The bikkurim declaration consists of vv 5-10 of Deut. XXVI (Cf. p. 328, n. 10). ');">¹</span> Let him recite them!<span class="x" onmousemove="('comment',' One may at any time read Scriptural verses. Why then should one be restricted to R. Jose's decision of bringing the fruit without reciting the declaration? ');">²</span>

א"ל משום דמחזי כשיקרא רב משרשיא בריה דרב חייא אמר דלמא אתי לאפקועינהו מתרומה ומעשר:

He replied unto him: [One must not recite the verses] because it would appear [as telling] a lie. R. Mesharsheya the son of R. Hiyya said: [Because the fruit] might [mistakenly] be excluded from the heave-offering and from the tithe.<span class="x" onmousemove="('comment',' Seeing that the declaration had been recited over the fruit, it would be assumed that they are genuine bikkurim which are exempt from the priestly and Levitical gifts. ');">³</span> [IF THE TREES] GREW LARGE [THE LANDOWNER] MUST NOT CUT DOWN THEIR BRANCHES etc. What is considered [to be] from the stem and what is considered [to be] from the roots? — R. Johanan said: Whatever is exposed<span class="x" onmousemove="('comment',' I.e., all that part of the tree which is above the ground. ');">⁴</span>

הגדילו לא ישפה כו': היכי דמי מן הגזע והיכי דמי מן השרשין

to the sun is of the stem, and whatever is not exposed<span class="x" onmousemove="('comment',' I.e., the part covered by the soil. ');">⁵</span> to the sun is of the roots. [How can it be said that all that grows from the stem belongs to the buyer?] Is there not cause to apprehend that the ground might produce alluvium [covering up the knots of the lowest shoots] and that [the buyer] would say [to the landowner]: 'You have sold me three [trees] and I have, [therefore, a share of the] ground'?<span class="x" onmousemove="('comment',' The shoots, having been covered by the alluvium at their knots, would appear as separated trees, growing from the ground independently; and the possession of three trees entitles one to a share of the field. ');">⁶</span>

א"ר יוחנן כל שרואה פני חמה זהו מן הגזע ושאינו רואה פני חמה זהו מן השרשין

— But R. Nahman replied: [The buyer] must cut [them] off.<span class="x" onmousemove="('comment',' Our Mishnah gives the buyer the right over the shoots for the purpose of cutting them off. They must not, however, remain attached to the tree. ');">⁷</span> R. Johanan also said: He must cut [them] off.

וליחוש דלמא מסקא ארעא שירטון וא"ל תלתא זבינת לי ואית לי ארעא אלא אמר רב נחמן יקוץ וכן אמר רבי יוחנן יקוץ

R. Nahman said: We have it by tradition [that] a palm-tree has no stem.<span class="x" onmousemove="('comment',' This is explained in the Gemara. ');">⁸</span> R. Zebid was of the opinion that this means [that] the owner of the palm-tree has no [rights to that which grows from the] stem, because since [the tree] is destined [when it dries up] to be dug and taken out with the roots,<span class="x" onmousemove="('comment',' Unlike other trees, which can be made to grow afresh when their branches and upper sections dry up, by cutting them down to their stems, the palm tree, like the cedar (supra 80b). cannot be made to grow afresh out of its cut stems. They are, therefore, ultimately useful as wood only. ');">⁹</span>

אמר רב נחמן נקיטינן דקל אין לו גזע סבר רב זביד למימר אין לו גזע לבעל דקל דכיון דלמחפר ולשרש קאי אסוחי מסח דעתיה

[the buyer] discards [the shoots] from his mind.<span class="x" onmousemove="('comment',' He does not expect to have any benefit from the shoots that may never grow from the tree, which is likely, at any moment, to dry up beyond all possibility of growing afresh. ');">¹⁰</span> R. Papa, [however], raised [the following] difficulty: Surely, [the case of him who] BUYS TWO TREES [includes also such trees] as are destined to be dug up and taken out with the roots<span class="x" onmousemove="('comment',' Since no special trees are specified, all kinds of trees are obviously included. ');">¹¹</span>

מתקיף לה רב פפא והא קונה שני אילנות דלמחפר ולמשרש קיימי וקתני דיש לו גזע אלא אמר רב פפא אין לו גזע לבעל דקל לפי שאין מוציא גזע

and [yet] the [Mishnah] teaches that [THE BUYER] HAS [A TITLE TO] THE STEM!<span class="x" onmousemove="('comment',' How, then, could R. Zebid assume that the buyer of a palm-tree has no title to the stem? ');">¹²</span> — But, said R. Papa, [the reason why] the owner of the palm-tree has no [title to the] stem [is]<span class="x" onmousemove="('comment',' Not that given by P. Zebid, but 'because etc.' ');">¹³</span>

ולרב זביד קשיא מתניתין דזבין לחמש שנין:

because the stem does not [usually] produce [any shoots].<span class="x" onmousemove="('comment',' And if, sometimes, it happens that shoots do grow, they must be regarded as the property of the owner of the land. Our Mishnah, which gives the buyer title to the stem, speaks of trees the stems of which do usually produce shoots. ');">¹⁴</span> According to R. Zebid,<span class="x" onmousemove="('comment',' Who stated that stems of palm.trees produce shoots. ');">¹⁵</span>

קנה שלשה קנה קרקע: וכמה א"ר חייא בר אבא א"ר יוחנן הרי זה קנה תחתיהן וביניהן וחוצה להן

however, [there remains] the difficulty of our Mishnah!<span class="x" onmousemove="('comment',' Which speaks of all kinds of trees, the stems of which produce shoots, and gives the buyer title to the shoots of the stems. ');">¹⁶</span> — [Our Mishnah deals with the case] where [the trees] were sold for five years.<span class="x" onmousemove="('comment',' In the case of a sale for a specified number of years, during which a dried up tree is to be replaced by a sound one, the buyer does expect the benefit from any shoots that may grow out of the stem. Where, however, the sale is for no definite period, the buyer is aware that the tree will not be replaced though at any moment it might dry op beyond hope of recovery. He does not, therefore, expect to benefit from any shoots that may possibly grow before the tree terminated its growing existence. ');">¹⁷</span> ONE WHO BOUGHT THREE [TREES] HAS [IMPLICITLY] ACQUIRED [OWNERSHIP OF THE] GROUND. And how much [ground]? — R. Hiyya b. Abba said in the name of R. Johanan: He has acquired [the ownership of the ground] beneath [the trees] and between them, and round about<span class="x" onmousemove="('comment',' Lit., 'outside'. ');">¹⁸</span> them