POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 37
BAVA BASRA 37 dedicated by Hagaon Rav Yosef Pearlman of London, England,
l'Iluy Nishmas ha'Rabbani Reb Rephael David ben Yosef Yitzchak Pearlman,
whose passed away on Pesach Sheni (14 Iyar) 5758.
1) IS LAND ACQUIRED THROUGH A CHAZAKAH ON ITS TREES?
(a) (Rashbam - Levi sold his land to Reuven and Shimon.
Tosfos - Reuven and Shimon each claim 'I bought this
(b) (Rav Zvid): Reuven made a Chazakah in the trees, Shimon
made a Chazakah in the land - each acquired what he was
(c) Question (Rav Papa): If so, Reuven does not own any land,
Shimon can tell him to uproot his trees (when they dry
up; Tosfos - perhaps, immediately) and leave!
(d) (Rav Papa): Rather, Reuven acquired the trees and half
the land (Rashbam - perhaps this means, the land needed
for them; Tosfos - only the area of the stumps), Shimon
acquired the rest of the land.
(e) The following is obvious: if Levi sold his land but not
his trees, he kept land (for the sake of the trees) for
1. Even R. Akiva only says that a person sells
generously when he retains a pit or water cistern
for himself (he does not retain a path for himself
unless he specifies), for these do not harm the
surrounding land, the buyer will not tell him to
2. But trees harm the surrounding land, if he did not
keep land for himself, the buyer would not tell him
to uproot them (when they dry up).
(f) If Levi sold trees (Rashbam - two; Tosfos - at least
three) but kept the land, R. Akiva and Chachamim argue:
2) TREES SPACED MORE DENSELY THAN USUAL
1. R. Akiva says that a person sells generously, he
also sold land (for the sake of the trees);
2. Chachamim say that a person sells stingily, he kept
all the land for himself;
3. Even Rav Zvid (who said that when Reuven Hichzik in
the trees, and Shimon in the land, each acquired
what he was Machzik in) could say that R. Akiva
admits there, but argues here;
i. There, Shimon can say, just as I only got land,
you only got trees - but here, Levi sells
generously (at his own expense).
4. Even Rav Papa (who said that Reuven also acquired
land) could say that here, Chachamim argue and say
that the buyer gets no land;
i. There, the seller sold everything, we should
not assume he was generous to one and stingy to
the other, rather he was generous to both;
ii. Here, the seller kept land for himself, we
assume he was stingy and sold only the trees.
(a) (Chachamim of Neharde'a): If one ate the produce of 30
trees (end of 35B) that are spaced more densely than
normal, this is not a Chazakah (for the extra trees are
standing to be uprooted).
(b) Objection (Rava): If so, how is one Machzik in a patch
used to grow fodder (which is seeded very densely, here
also, he will uproot some)?
(c) (Rava): If one sold trees spaced more densely than
normal, the buyer does not receive land.
(d) (R. Zeira): Tana'im argue about this law.
1. (Mishnah - R. Shimon): If the rows of vines in a
vineyard are less than four Amos apart, this is not
considered a vineyard;
2. Chachamim say, it is a vineyard; we view the extra
vines as if they were uprooted.