לֹא יִטַּע אָדָם אִילָן סָמוּךְ לִשְׂדֵה חֲבֵרוֹ, אֶלָּא אִם כֵּן הִרְחִיק מִמֶּנּוּ אַרְבַּע אַמּוֹת, אֶחָד גְּפָנִים וְאֶחָד כָּל אִילָן. הָיָה גָדֵר בֵּינְתַיִם, זֶה סוֹמֵךְ לַגָּדֵר מִכָּאן, וְזֶה סוֹמֵךְ לַגָּדֵר מִכָּאן. הָיוּ שָׁרָשִׁים יוֹצְאִין לְתוֹךְ שֶׁל חֲבֵרוֹ, מַעֲמִיק שְׁלֹשָׁה טְפָחִים, כְּדֵי שֶׁלֹּא יְעַכֵּב אֶת הַמַּחֲרֵשָׁה. הָיָה חוֹפֵר בּוֹר, שִׁיחַ וּמְעָרָה, קוֹצֵץ וְיוֹרֵד, וְהָעֵצִים שֶׁלּוֹ:
One may not plant a tree near his neighbor's field [whether a grain field or a tree field] unless he distances himself four cubits from it, both for vines and for all trees. [(He must distance himself) enough to work an orchard, so that when he plows his trees he not be constrained to take his plow into his neighbor's field. This, in Eretz Yisrael and other lands where the plow is long. But in Bavel and other lands where the plow is short, two cubits suffice. And it is only between vines and vines, and trees and trees that two cubits suffice. But if one comes to plant a tree field near vines, even in Bavel and the like, he must distance himself four cubits.] If there were a fence between them, each can plant until the fence on either side. If roots went out into his neighbor's (field), he may go down three handbreadths, so that they not stop the plow. [The owner of the field into which the roots of his neighbor's trees intruded may cut them up to a depth of three handbreadths without any reservations.] If he were digging a bor, a shiach, or a ma'arah, (see 2:1), he cuts (the intruding roots) as he goes (i.e., digs) down, and the wood belongs to him [the owner of the field. This, if the place where he were digging were sixteen cubits or more from his neighbor's tree. But if it were less than that, the wood belongs to the owner of the tree. For up to sixteen cubits, they (the roots) are nourished (by the tree), but not beyond that.]
Gray Matter I
The Halachah normally follows the majority opinion, and the Halachah generally follows the later Amora, so virtually all Rishonim follow Rav Huna the son of Rav Yehoshua's view, as do the Shulchan Aruch (Choshen Mishpat 156:5) and most of its commentaries (see Aruch Hashulchan, Choshen Mishpat 156:6- 7). The Rif, Rambam, and Shulchan Aruch do not even mention the Gemara's restriction regarding the fishing nets, so perhaps they understood that the Gemara eventually rejected that law. In fact, the Meiri (Bava Batra 21b) explicitly rejects the restriction on setting new fishing nets near old ones. It would thus seem that the Halachah sanctions nearly unrestricted free enterprise.
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Gray Matter I
Nonetheless, Rav Huna the son of Rav Yehoshua adds that such competition is only permitted when the new competitor comes from the same mavuy, for he is just as entitled as the first businessman to earn a livelihood in that area. The new competitor can claim, "You do work on your home turf, and [so too] I do work on my home turf." However, one who comes from a different city and challenges the established local business is unfairly encroaching. Rav Huna the son of Rav Yehoshua inquires whether one who comes from a different mavuy but resides in the same city is considered sufficiently local to be granted the right to compete. Due to the fact that the Gemara never reaches a conclusion regarding such a person (teiku), the Rishonim rule that there is insufficient basis for preventing a resident of another mavuy in the same city from opening a competing business. The Shulchan Aruch (Choshen Mishpat 156:5) rules accordingly.
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Gray Matter I
The Gemara adds that even an outsider is permitted to compete if he pays taxes to the local authority. The Tur (ibid.) writes that an outsider who pays taxes is permitted to compete "like the residents of the city," and the Shulchan Aruch (ibid.) accepts this presentation. However, Tosafot (Bava Batra 21b s.v. Ve'i) assert that, even if the outside resident pays taxes to the local authority, he may only open a business in a different mavuy in that city. The Rama rules like Tosafot.
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