Related%20passage for Bava Metzia 8:5

הַמּוֹכֵר זֵיתָיו לְעֵצִים, וְעָשׂוּ פָּחוֹת מֵרְבִיעִית לִסְאָה, הֲרֵי אֵלּוּ שֶׁל בַּעַל הַזֵּיתִים. עָשׂוּ רְבִיעִית לִסְאָה, זֶה אוֹמֵר זֵיתַי גִּדְּלוּ, וְזֶה אוֹמֵר אַרְצִי גִדְּלָה, יַחֲלֹקוּ. שָׁטַף נָהָר זֵיתָיו וּנְתָנָם לְתוֹךְ שְׂדֵה חֲבֵרוֹ, זֶה אוֹמֵר זֵיתַי גִּדְּלוּ, וְזֶה אוֹמֵר אַרְצִי גִדְּלָה, יַחֲלֹקוּ:

If one sold his olive trees [to be cut for] (fire-) wood [and he left them in the ground], and they produced less than a revi'ith to a sa'ah [i.e., inferior olives, a sa'ah of which does not produce a revi'ith of oil], they belong to the owner of the trees. [For people are not particular about less than a revi'ith. The "revi'ith" here is aside from his expenses in harvesting and pressing. Our Mishnah speaks of one who sells his olive trees without specifying when they are to be cut. But if he (the seller) told him to cut them immediately, even less than a revi'ith belongs to the owner of the land. And if he told him to cut it when he wished, even more than a revi'ith belongs to the owner of the trees.] If they produced a revi'ith to a sa'ah, and one said: "My trees produced it," and the other: "My land produced it," they divide. If a river flooded his olive trees and transplanted them in his neighbor's field, and this one said: "My trees produced it," and the other: "My land produced it," they divide. [The Gemara construes this as an instance of the river washing away the trees along with their surrounding earth clumps. Since they can grow through them, they are not subject to the laws of arlah (forbidden fruits of the first three years). The first three years, they divide. For even though the other's land produces it, still, if not for the earth clumps, he would not be able to eat of it because of arlah. But after three years, it all belongs to the owner of the land, for he can say to him: "If I myself had planted then, could I not eat after three years!"]

Explore related%20passage for Bava Metzia 8:5. In-depth commentary and analysis from classical Jewish sources.