Bava Basra 37a

בבא בתרא ל״ז ע״א

Bava Batra 37a

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Topic

חזקה in a field of trees, splitting trees and land between two holders, and keeping trees when selling land

Overview

The גמרא first uses רבי ישמעאל's rule, that one kind of fruit counts as חזקה for all the fruit, to explain why eating from different groups of trees in different years still counts as חזקה for the whole field. It then limits that rule in two ways. The skipped trees must have had no fruit that year, and the trees must be spread throughout the field. Next comes a case where one person held the trees and another held the land. רב זביד says each owns what he held. רב פפא objects that the land owner could then force the trees out, so he rules that the tree owner gets the trees plus half the land. Finally, the גמרא says that someone who sells land but keeps the trees still owns land for them, even according to רבי עקיבא. It explains that רבי עקיבא's 'generous seller' rule was said about a pit or cistern, which does not weaken the land, and it begins to explain how trees are different. That explanation continues on the next amud.

Opening lines

The steps (9)

1. Proofרבי ישמעאל's rule explains why groups of trees support each other
2. StatementFirst limit: only when the other trees did not produce
3. StatementSecond limit: the trees must be scattered through the field
4. Statementרב זביד: one owns the trees, the other owns the land
5. Challengeרב פפא: then the land owner could force the trees out
6. Resolutionרב פפא's ruling: the tree owner also gets half the land
7. StatementSelling land but keeping the trees: he keeps land too
8. StatementEven רבי עקיבא agrees: his rule is about a pit or cistern
9. StatementA pit or cistern does not weaken the land, but trees are different