Bava Batra 37b — the Talmud in English

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that deny [the land]:

the very existence of the roots of the trees in the ground contradicts it, and they also impede the plow, so necessarily he

reserved

for himself a right in the ground;

for if he had not reserved [it], he would say to him: "

Uproot your tree, take it, and go," since if he had not left anything for himself in the ground, the purchaser of the ground would demand that he uproot his tree; and since he necessarily reserved for himself a right in the ground, he therefore reserved for himself all the ground required for the trees.

for if he had retained nothing for himself in the land, the buyer of the land would demand that he uproot his tree. Since he must have retained a right in the land for himself, he retained for himself all the land necessary for the trees.

And if he

sold

two

trees and reserved

the seller

the ground before him

explicitly, for so he said to him: "I am selling you the trees, whereas I am retaining the ground for myself."

Thus, the law of the ground depends on the

dispute between Rabbi Akiva and the Rabbis

in general, whether a seller sells generously or not!

According to Rabbi Akiva, who says

in general: "

A seller sells generously,"

he has

the owner of the trees a right in the ground, to plant others in their place if they dry out.

Whereas

according to the Rabbis

who say in general: A seller sells begrudgingly,

he does not have

the owner of the trees any right in the ground except to maintain his trees there; however, when the trees dry out, the seller can say to him: "Uproot your tree, take it, and go."

The Gemara adds and explains:

a.

According to Rabbi Akiva, he has

the owner of the trees a right in the ground,

and even according to Rav Zevid, who says

on the first side, that if one sold the trees to this one and the ground to that one,

he does not have

the owner of the trees anything in the ground,

this applies

there

with two purchasers,

when he sold the trees to this one and the ground to that one, and because

he says to him, the owner of the ground says to the owner of the trees: "

to the owner of the trees: "

Just as I have no right to the trees, so you too

have no right to the ground, [just as I have no right to your trees, so you have no right to my ground]"—

just as I have no right in your trees, so you have no right in my land"—

But here,

when he sold the trees and did not sell the ground to another, but rather retained it before him, we say: "A seller sells generously."

b.

According to the Rabbis, he does not have

the purchaser of the trees any right whatsoever in the ground, and not even [the right] to plant in its place,

and even according to Rav Pappa, who says

with two purchasers:

he has

the owner of the trees a right in the ground,

this applies with two purchasers, for he says to him,

the owner of the trees says to the owner of the ground: "

Just as he sold to you generously, so he sold to me generously,

that is to say: Just as he sold the ground to you generously, and it is yours forever, together with its produce, so, when he sold me the trees generously, he sold them to me, and he also gave me a right in the ground."

But here,

where he sold the trees, whereas he retained the ground before himself and did not sell it to another, with regard to himself: "

A seller sells begrudgingly"

in order to reserve [the ground] for himself.

The following law of the Gemara again deals with the laws of presumptive ownership of three years, and is a continuation of what Abaye said above, 36b: If he had thirty trees, planted ten to a beit se'a, and he consumed ten in this year, ten in that year, and ten in that year, this is presumptive ownership.

The Nehardeans say:

If he consumed them,

the thirty trees in the orchard, when they were planted

close together

[densely], that is, they were planted at more than ten trees to a beit se'a,

he has no presumptive ownership

at all in that field, even if he consumed all of them, because this is not presumptive ownership in the manner that people establish presumptive ownership, for they are not intended for consumption but to be uprooted and removed!

Rava raised an objection

to the words of the Nehardeans:

If so, this plot of alfalfa,

[an alfalfa bed], which is sown densely,

by what does he acquire it

[by what act of presumptive ownership does he acquire it]!?

Rather, Rava said:

if there is a new law to be derived concerning saplings that are planted densely, this is the law, and it concerns the law of one who purchased three trees, who acquired the ground between them:

If he sold them,

the trees in the orchard, when they were planted

close together

more than ten to a beit se'a,

he does not have

the owner of the trees a right in the

ground,

for this is not an "orchard," since they stand to be uprooted and removed.

Rabbi Zeira said:

what Rava said, that when they are planted close together he acquired nothing at all,

is [a matter of] תנאי

it is stated as a dispute between tannaitic authorities; for we learned:

A vineyard that is planted at less than four cubits,

that is, a vineyard planted so densely that there are not at least four cubits between one row of grapevines and the adjacent row:

Rabbi Shimon says: It is not a vineyard,

and one who sows within it does not transgress "You shall not sow your vineyard with diverse kinds," and they are even permitted for eating.

And the Sages say:

even though it is planted with excessive density,

it is a vineyard, and the middle ones are regarded

as superfluous

as though they are not

and there are thus four cubits between row and row.

And likewise they disputed concerning an orchard planted densely, whether the designation "orchard" applies to it, so that the owner of the trees has a right in the ground, or not.

And further

the Nehardeans say:

One who sells a palm tree to his fellow

[one who sells his fellow a single palm tree], although he has no right in the ground like one who sells three trees, which gives him beneath them and between them enough space for an ox-driver and his basket, nevertheless

acquires it,

the ground beneath the tree,

from its base to the depths

[from the base of the tree, meaning its bottom, down to the depth of the ground].

And the practical consequence of this is:

a. If the tree dries out, he may plant another in its place.

b. The owner of the ground cannot dig beneath this one's tree, even at a depth of a thousand cubits, because the ground beneath the tree is acquired by the owner of the tree.