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 27
BAVA BASRA 27 & 28 - these Dafim have been dedicated anonymously l'Iluy
Nishmas Tzirel Nechamah bas Tuvya Yehudah.
1) FROM HOW FAR DO TREES NURTURE?
(a) Question: A Beis Se'ah is 2500 (square) Amos, this is 833
Amos for each tree;
1. According to Ula, each tree nurtures from 1024 Amos!
(b) Answer: Ula was not exact (each tree nurtures from less
than 16 Amos in each direction).
(c) Objection: We can say that a Chacham was not precise, he
was more stringent than the actual law;
1. But here, Ula exempts from Bikurim (if the tree is
just under 16 Amos from the border), this is a
(d) Answer: Ula did not mean that a tree nurtures from a
square of 32 by 32 Amos (the corners are more than 16
Amos from the center), rather from a circle of radius 16
Amos around the tree;
1. The area of the circle is three quarters of the area
of the square, i.e. 768 (square) Amos;
(e) Question (Mishnah): One who buys a tree and the land it
is on, he brings Bikurim and makes the declaration (which
includes "the land which you have given me").
2. According to the Mishnah, there are 833 (square)
Amos for each tree, it nurtures from a circle of
radius (about) 16 and a half Amos;
3. Ula was not exact, he was more stringent than the
actual law (he obligates bringing Bikurim if the
tree is just over 16 Amos from the border).
1. Suggestion: This applies if he bought any amount of
land around the stump!
(f) Answer: No, it is only if he bought 16 Amos around the
(g) Question (Mishnah): One who buys two trees, (he does not
acquire land with them, therefore) he brings Bikurim and
does not make the declaration.
1. Inference: One who buys three trees, he (acquires
land,) he brings and makes the declaration
(h) Answer: No, he acquires 16 Amos around the trees.
2. Suggestion: He only acquires a tiny amount outside
(i) Question (Mishnah - R. Akiva): The following apply to
even a tiny amount of land: one must leave Pe'ah from it,
one must bring Bikurim from it, it allows one to write a
Pruzbul (a document handing his loans over to Beis Din,
so they will not be cancelled in Shemitah - we can write
this only if the borrower has land), Metaltelim (movable
objects) are acquired with it.
(j) Answer: The case is, wheat grows there. (But if trees
grow, he brings Bikurim only if he owns 16 Amos around
2) CUTTING OVERHANGING FOLIAGE
1. Support: The Mishnah speaks of a tiny amount of land
(i.e., the thickness of a stalk of wheat).
(k) Question (Beraisa - Rebbi): A tree is partially in Eretz
Yisrael, partially in Chutz la'Aretz - Tevel and Chulin
are mixed together;
1. R. Shimon ben Gamliel says, the fruit that grows in
Eretz Yisrael is fully Tevel (all tithes must be
separated from it), what grows in Chutz la'Aretz is
fully Chulin (exempt from tithes).
(l) Answer: The case is, the ground along the border is rocky
(and divides the tree into two halves, each half only
nurtures from the land in its side.
2. They only argue regarding Breirah (R. Shimon says
that we consider the obligation to tithe half the
fruits to fall on the fruits that grow in Eretz
Yisrael, Rebbi says that we do not), but all agree
that we only consider where the stump is (we are not
concerned for nurturing in the surrounding 16 Amos)!
1. Question: If so, why does Rebbi say that Tevel and
Chulin are mixed together?
(m) Question: Does a tree only nurture from 16 Amos?!
2. Answer: Above ground, the halves of the tree join;
i. Rebbi holds that the nurturing transfers from
one sides to the other above ground, R. Shimon
ben Gamliel says that it does not.
1. (Mishnah): Reuven must distance his tree 25 Amos
from Shimon's pit;
(n) Answer (Abaye): The roots spread more than 16 Amos, it
only (nurtures and weakens the soil) up to 16 Amos.
(o) Version #1 (Rav Dimi): Reish Lakish asked 'What is the
law of a tree within 16 Amos of the border'?
1. R. Yochanan: The owner is stealing, he does not
(p) Version #2 (Ravin citing R. Yochanan): A tree close to
the border, or whose foliage hangs over his neighbor's
property, he brings Bikurim;
1. Yehoshua made the inheritance of Eretz Yisrael
conditional on this enactment (letter of the law, he
does not bring).
(a) (Mishnah): If Reuven's tree hangs over Shimon's property,
Shimon may cut foliage up to the height of a plowshare
(so they will not impede him when plowing);
3) TREES OVERHANGING THE PUBLIC DOMAIN
1. He may cut foliage of carob or sycamore trees (which
gives much shade, which harms a field) to any
(b) In a Beis ha'Shelachin, (any shade is harmful) he may cut
foliage of any tree to any height.
(c) Aba Sha'ul says, he may cut foliage of any barren tree to
(d) (Gemara) Question: Does Aba Sha'ul argue with the first
clause (in which Chachamim only permit up to the height
of a plowshare, even regarding barren trees), or the last
clause (a Beis ha'Shelachin, in which they permit cutting
any height of all trees, and he only permits this
regarding barren trees)?
(e) Answer (Beraisa - Aba Sha'ul): In a Beis ha'Shelachin, he
may cut foliage of any tree to any height, because shade
1. We conclude that Aba Sha'ul argues with the first
(f) Support (Rav Ashi - Mishnah): Aba Sha'ul says, he may cut
foliage of any barren tree to any height.
1. If he refers to the first clause, we understand the
word 'any' - Chachamim only permit carob and
sycamore, he also permits barren trees.
2. But if he refers to the last clause, he allows less
than Chachamim, he should rather say, (only) a
barren tree is permitted!
(a) (Mishnah): One may cut a tree overhanging the public
domain up to the height of someone riding on a camel;
(b) R. Yehudah allows up to the height of a camel laden with
flax or bundles of shoots;
(c) R. Shimon permits cutting any tree to any height, for the
sake of Taharah (lest the tree tower above Tum'as Mes and
passersby, and make them Tamei).
(d) (Gemara) Question: Who is the Tana of the Mishnah, who
says that in damages, we assess the current situation (we
cut so a rider can pass now, even though the branches
will grow again and riders will not be able to pass)?
(e) Answer #1 (Reish Lakish): Tana'im argue about this; our
Mishnah is R. Eliezer.
1. (Mishnah): One may not make a pit under the public
(f) Answer #2 (R. Yochanan): Our Mishnah is even like
2. R. Eliezer permits this if a wagon carrying rocks
can pass over and the ground will not cave in.
1. Regarding a pit, we are concerned that the cover
will erode (without people knowing), and a wagon
will fall in;
(g) (Mishnah): R. Yehudah allows cutting up to the height of
a camel laden with flax or bundles of shoots.
2. Regarding a tree we are not concerned - as new
branches grow, people will cut them!
(h) Question: Who allows cutting more, R. Yehudah or
(i) Answer: Clearly, Chachamim allow more - if not, a camel
laden with flax or bundles will not be able to pass!
(j) Question: But if so, according to R. Yehudah, someone
riding on a camel will not be able to pass!
(k) Answer: The person can bend down.
(l) (Mishnah): R. Shimon permits cutting any tree to any
height, for the sake of Taharah.
(m) (Beraisa): This is so the tree will not make an Ohel
above Tum'as Mes and a person.
(n) Objection: This is obvious, the Mishnah says it is for
the sake of Taharah!
(o) Answer: One might have thought, the concern is that
ravens will come and drop Tum'as Mes, and it will get
caught between the branches;
1. If this was the concern, it would suffice to prune
enough branches so there is no place for Tum'ah to
2. The Mishnah teaches, this is not so, the concern is
Tum'as Ohel, all the branches (overhanging the
public domain) must be cut.