One who buys "two trees" [unqualified] in the midst of his neighbor's field does not acquire [any] land [around them.] R. Meir says: He does acquire land. If they grew, he [the owner of the land] may not cut them, [even though their shade harms his land. For since the owner of the trees has no land, (it is understood that) the owner of the field has "bound" his land to him for all of their requirements so long as they are there.] And what grows from the trunk [i.e., whatever is above the ground, "beholding" the sun] is his [the tree owner's. Not that he should let it grow there; for we fear that the soil might rise until part of the tree growing out of the trunk is covered with it, so that the impression is given of three trees and the buyer might say to him: "You sold me three trees and I own (their) land." (see below) But he must cut it and burn it.] And (what grows) from the roots [i.e., whatever is below the ground] is the land owner's. And if they died [i.e., if the trees dried up], he (the tree owner) has no land [on which to plant others in their place.] If he bought three (trees), he acquires the land, [it being considered a "tree-field," and he acquires the land between tree and tree, and beneath them, and to the side, the full (space) of a fruit picker and his basket, so that he can stand there with his basket and pick. This, when there is no less between tree and tree than four cubits and no more than sixteen. It is only then that he acquires the land as indicated. But if there is less between tree and tree than four cubits or more than sixteen, he does not acquire the land.] If they grew, he (the field owner) may cut them. And what grows from the trunk and from the roots is his (the tree owner's). And if they died, he (the tree owner) has land (on which to re-plant them).
Bartenura on Mishnah Bava Batra
הקונה שני אילנות – undefined, he did not purchase the land surrounding it at all.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bava Batra
Introduction
Mishnah four deals with the a person who buys trees in another person’s field and whether or not the buyer has acquired the land on which the trees grow.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Batra
הגדילו – the boughs became wider.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bava Batra
Our mishnah begins with a dispute between Rabbi Meir and the Sages. According to the Sages when a person buys two trees he has not bought the ground they are on, and according to Rabbi Meir he has bought the ground. The remainder of section one goes according to the Sages. Section 1b states that if the trees grow branches the seller, who still owns the land, may not trim them. Although these branches now cover land that he did not sell, and when he sold the tree these branches were not there, by selling the tree he tacitly gives permission to the buyer to let the branches grow. Section 1c states that anything that grows from the tree above ground belongs to the buyer and anything below ground still belongs to the seller/landowner. Finally, if the trees die, the buyer may not plant there new trees. Since he didn’t buy the land, when the trees die he has totally lost his acquisition.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Batra
לא ישפה – the owner of the land should not cut them, even though their shade is destroying his land, for since the owner of the trees has no land, the owner of the land mortgaged to him (i.e., the owner of the trees) for all their needs all the while that they are existing.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bava Batra
If he bought three trees, he has bought the ground [between them]. When they grow he may trim them, And what comes up whether from the stem or from the roots belongs to him (the. And if they die the ground is his. In section two we learn that the laws are different when one acquires three trees. In that case the person has acquired the land. If the trees should grown branches that overhang into the seller’s property he may trim them. Anything that grows from the tree, even below the ground, belongs to the buyer. Furthermore, if the trees die he may plant there new trees.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Batra
גזע – whatever is above the ground and sees the face of the sun.
Ask RabbiBookmarkShareCopy
English Explanation of Mishnah Bava Batra
Questions for Further Thought: • Why may the seller trim the trees if he sold three to the buyer but not if he sold two?
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Batra
שרשין – whatever is below the ground [level].
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Batra
שלו – of the owner of the tree, and he should leave it there and let it grow, for we suspect lest the ground rise until it covers the tree coming out of the stump, part of which is in the ground, and they will see something like three trees and the purchase will say: “You sold me three trees and I have land” but he should cut it and burn it.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Batra
ואם מתו – the tree dried up.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Batra
אין לו קרקע – where he is able to plant another [tree] in its place.
Ask RabbiBookmarkShareCopy
Bartenura on Mishnah Bava Batra
קנה קרקע – for they are considered to be an orchard and he bought the land that is between one tree and another tree. But under them and outside of them is the fulness of fig collector and his basket, in order that he can stand, he can harvest his fruits with his basket. And these words [apply] when there is between one tree and another tree no less than four cubits, but no more than sixteen cubits. Then, he purchased the land between each tree and what is under them. And outside of it, as we have stated, but if there is less than four cubits between each tree, or more than sixteen cubits, he did not purchase the land.
