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BAVA BATRA: CHAPTER 5: MISHNAH 4

One who buys two trees in his fellow's field, has not acquired the ground. R. Meir says, He acquired the ground. If they grew he may not prune them, and that which grows from the stem belongs to him; and from the roots belongs to the owner of the ground. And if they died, he has no ground. One who bought three acquired the ground. If they grew, he may prune them; and that which grows from the stem and from the roots, belongs to him. And if they died, he has the ground.

Kehati

One who buys two trees - Without specifying further, in his fellow's field, has not acquired the ground - underneath and about the trees, for the seller only sold the trees and their products. R. Meir says: He acquired the ground - about them. The halakhah does not follow R. Meir. If they grew - If the trees grew and their branches spread out, he may not prune them - The owner of the ground may not cut down any branches, even if the shade of the branches has an adverse affect on his ground, for since he did not sell him the ground, (the buyer) he has an easement on it for any need of the trees as long as they are alive.

And that which grows from the stem - anything which grows from the stem above the ground, belongs to him - to the owner of the trees; and from the roots - And whatever grows from the roots which are underground, belongs to the owner of the ground - as it grew from his ground. The Gemara explains that the buyer is not permitted to let fresh shoots coming from the stem grow, because the soil might cover the shoots so that they might appear to be new trees and the buyer might then claim the land is his, as he owns three trees (as explained below); he must therefore remove such shoots.

And if they died - If the two trees withered away, he has no ground - The owner of the trees has no right to plant new trees to replace the others, as he does not own the ground. One who bought three - If a person bought three trees from his fellow without further specification, acquired the ground - He also acquires possession of the ground underneath and around the three trees, plus a plot large enough for a person who harvests figs to stand there with his basket (Gemara), for three trees are considered a tree field. This is only true when there are at least four amot between each tree, so that it is possible to plough between them, and not more than sixteen amot between them, so that they are not considered to be scattered. If, however, there are less than four or more than sixteen amot between the trees, the buyer does not acquire the land (baraita in the Gemara).

If they grew - If the branches of the tree spread out, he may prune them - the owner of the ground may cut off those branches that spread into his land, for he sold the ground for the needs of the trees, i.e., only the amount of land needed to grow the trees, but not for the branches which spread beyond that land, and that which grows from the stem and from the roots whatever grows from the tree, regardless of from where, belongs to him - belongs to the owner of the trees, for it grew in his ground, And if they died - If the trees withered away, he has the ground - The owner of the trees may plant other trees there if he wishes.

BAVA BATRA: CHAPTER 5: MISHNAH 5

One who sells the head of a large animal, did not sell the legs. One who sells the legs, did not sell the head; one who sells the windpipe, did not sell the liver; one who sells the liver, did not sell the windpipe. But with a small animal: one who sells the head, sold the legs; one who sells the legs, did not sell the head; one who sells the windpipe, sold the liver; one who sells the liver, did not sell the windpipe.

Kehati

One who sells the head of a large animal, did not sell the legs. one who sells the legs, did not sell the head - In a large animal, i.e., cattle, each organ is valuable and is sold independently; one who sold the windpipe - including the lungs, did not sell the liver - Some interpret the windpipe to include the lungs and the heart (Tosafot); one who sells the liver, did not sell the windpipe - As mentioned earlier, this is because each organ is important in itself.

But with a small animal - with sheep, one who sells the head, sold the legs, one who sells the legs did not sell the head; - for with small animals, a person who buys an important organ is usually given an unimportant one as well, but not the reverse; therefore one who buys the head is given the legs as well, which are not as important, but one who buys the legs is not given the head, because an important organ such as the head does not become secondary to a less important one. So too, one who sells the windpipe, sold the liver - because in small animals the liver is less important than the lungs, one who sells the liver, did not sell the windpipe - For the reason given before, namely that a more important organ is not added when one purchases a less important one. The Gemara quoting a baraita, states that all these rules apply where there is no known custom regarding such sales, but where there is a specific custom, the rule is to follow local custom (see Tosefot Yom Tov).

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