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|BAVA BASRA 82 - dedicated by Rabbi Kornfeld's father in honor of his aunt, Malka Gitel bas Reb Yakov Mordechai (Malvina) Marmorstein, who took him into her home and raised him like her own child after the Holocaust. Her Yahrzeit is 20 Nisan.|
1. The Gemara discusses the Mishnah's law (81a) regarding a tree owned by someone other than the owner of the land in which it is planted.
2. The Gemara says that any growth from any part of the tree that was above ground during the sale belongs to the tree owner.
3. However, the Gemara concludes that the tree owner may be obligated to cut off some branches from the tree.
4. The Gemara discusses how much land a person automatically acquires when purchasing three trees from his friend.
5. The Gemara discusses whether this land (#4) may be used by anyone to plant.
A BIT MORE
1. The Mishnah says that if the tree grows after it was purchased from the owner of the land where it is planted, the landowner may not limit its growth. Therefore, for example, the landowner may not cut off the growing branches of the tree, even though they are causing unwanted shade to the crops that are in his field.
2. However, if a new tree grew from the ground, it belongs to the land owner (even if it is connected to the roots of the tree that was sold), as he owns the land.
3. The Gemara is concerned that there will be a low-hanging branch that may go into the ground and cause a new tree to root, and the land surface will become higher (i.e., by debris swept there by flood), and the tree owner will claim to own all the land between his three trees. Even though he actually bought only two trees, people may think that he has a third tree because of the higher surface (and thus lack of visibility of the source of the third tree). Since the law is that a person who buys three trees also acquires the land between them, the tree owner will unlawfully claim that the land belongs to him.
4. He receives the land under the trees, between the trees, and on enough land on the outer sides of the trees to be able to pick the fruit from the trees.
5. It is clear that the owner of the trees may plant between the trees. However, the Gemara concludes that no one is allowed to plant in the area outside the trees which is given only to the owner of the trees in order for him to pick the fruit.
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