Bava Batra 83 - September 16, 13 Elul

This week's learning is sponsored by an anonymous donor for the safety of our chayalim, the recovery of those wounded and for the safe and speedy return of the hostages.  If one purchases three trees, what is the minimum and maximum space needed between the trees to enable the purchaser to acquire the land in between as well? Rav Nachman holds 8-16 cubits and Rav Yosef holds 4-6 cubits. After Abaye questions Rav Yosef from a Mishna that clearly supports Rav Nachman, Rav Yosef supports his position based on a ruling of Rav Yehuda in a particular case. A Mishna is brought in support of Rav Yosef, as well, but Rav Nachman's position is stronger as the Mishna in support of his position had a situation where they ruled like his position. However, Rava explained that the halakha is from 4-16 cubits and a braita is brought in support of this position. Rabbi Yirmiya asks whether we measure from the lower wider part of the trunk or the higher narrower part. He also asks if three branches grew from one tree and were subsequently covered up and then sold, if there was the minimum distance required between the growths, would the buyer acquire the land as well? Rav Geviha answers both questions. Several questions were asked about situations where the three trees had two different owners or two in the field and one on the border (which was higher or lower than the field), or what if some large object was in the middle of the three trees like a water channel, public domain, etc.? All of these questions remain unanswered. However, if a cedar tree was between the three trees, it would not block the buyer from acquiring the land and the buyer even acquires the cedar tree. Rav and Shmuel disagree about whether the three trees are in a straight line or a triangular formation.  The Mishna explains that if one sells the head, legs, liver, or windpipe (with the lungs) of a large animal, the sale includes only the item mentioned. But in a small animal, the sale of the head would include the legs and the sale of the windpipe would include the liver, but not the reverse.  The Mishna lists four types of sales and explains in each case whether or not the buyer or the seller or both can renege on the agreement.