Bava Basra 71b

בבא בתרא ע״א ע״ב

Bava Batra 71b

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Topic

Does a seller who keeps trees also keep the land under them? רב הונא's rule, its conflict with רבי שמעון on הקדש, and what it adds: the right to replant.

Overview

This amud opens with the reasoning behind רב הונא's rule. When a seller keeps trees for himself, he must also keep the land around them, or else the buyer could tell him to pull them out. The גמרא challenges this from רבי שמעון, who says that one who is מקדיש a field also gives the grafted carob and the sycamore trunk to הקדש, because otherwise they would feed from הקדש land. If the owner had kept the land around them, they would be feeding from his own soil, so רבי שמעון's reason would not work. The גמרא answers that the two views follow different sides of an older מחלוקת. רבי שמעון follows רבי עקיבא, who says a seller sells generously, and רב הונא follows the רבנן, who say a seller sells sparingly. The גמרא then asks: if רב הונא only follows the רבנן, isn't his rule obvious? It answers that רב הונא teaches something new. The seller fully owns the land under his trees, so if they fall, he may plant new ones.

Opening lines

The steps (6)

1. ProofWhy a seller who keeps trees must keep the land too
2. ChallengeQuoting רבי שמעון on dedicating a field
3. ChallengeThe challenge: the trees would feed from the owner's own land
4. ResolutionEach view follows a different side of an older מחלוקת
5. ChallengeIf רב הונא follows the רבנן, isn't his rule obvious?
6. ResolutionThe new point: if the trees fall, he may replant