If one purchases two trees, does the buyer acquire the land directly surrounding those trees? Rabbi Meir and the rabbis disagree. What are the ramifications of this debate? Does one bring the first fruits of a tree like this? According to the Mishna in Bikurim, Rabbi Meir and the rabbis also debate this point and according to the rabbis, one would bring the first fruits to the Temple but not say the recitation, as the obligation to bring bikurim is dependent on owning the land. Shmuel derives from the Mishna in Bikurim that Rabbi Meir would also obligate one to bring bikurim from fruit bought in the market. He derives this from the fact that there was no reason to mention Rabbi Meir’s disagreement in the Mishna in Bikurim as it could have been easily derived from his opinion on our Mishna and must therefore be coming to teach something additional. However, this suggestion is rejected. Rabbi Shimon ben Elyakim asks why in the case above (one tree according to Rabbi Meir and two according to the rabbis), one is obligated to bring the first fruits but not say the recitation – one should either be obligated and then should do both, or not obligated and do neither! Rabba answers that we do it because of a doubt – the rabbis are unclear whether or not one acquires the land. Four difficulties are brought against Rabba’s answer and are each resolved, but each resolution leads to a modification of how the bikurim are brought to the Temple in this situation.
This month’s learning is sponsored by Beth Balkany in honor of their granddaughter, Devorah Chana Serach Eichel. “May she grow up to be a lifelong learner.”
Bava Batra
Masechet Bava Batra is sponsored by Lori Stark in loving memory of her mother in law, Sara Shapiro z”l and her father Nehemiah Sosewitz z”l.
Want to dedicate learning? Get started here:
This month’s learning is sponsored by Beth Balkany in honor of their granddaughter, Devorah Chana Serach Eichel. “May she grow up to be a lifelong learner.”
Bava Batra
Masechet Bava Batra is sponsored by Lori Stark in loving memory of her mother in law, Sara Shapiro z”l and her father Nehemiah Sosewitz z”l.
Bava Batra 81
כְּסִיתָא. אִיכָּא דְּאָמְרִי: עֲרוֹנִים, עַרְמוֹנִים, אַלְמוּגִּים. עֲרוֹנִים – עָרֵי, עַרְמוֹנִים – דּוּלְבֵי, אַלְמוּגִּים – כְּסִיתָא.
refers to coral trees [kasita]. There are those who say that the other three are as follows: Aronim, armonim, and almugim. Aronim refers to laurel trees [arei], armonim to plane trees [dulevei], and almugim to coral trees [kasita].
מַתְנִי׳ הַקּוֹנֶה שְׁנֵי אִילָנוֹת בְּתוֹךְ שְׂדֵה חֲבֵירוֹ – הֲרֵי זֶה לֹא קָנָה קַרְקַע. רַבִּי מֵאִיר אוֹמֵר: קָנָה קַרְקַע. הִגְדִּילוּ – לֹא יְשַׁפֶּה. וְהָעוֹלֶה מִן הַגֶּזַע – שֶׁלּוֹ; וּמִן הַשׇּׁרָשִׁים – שֶׁל בַּעַל הַקַּרְקַע. וְאִם מֵתוּ – אֵין לוֹ קַרְקַע.
MISHNA: With regard to one who buys two trees in the field of another, this one has not acquired any ground, but only the trees. Rabbi Meir says: He has acquired the ground under them. The mishna states a halakha in accordance with the opinion of the first tanna: If the trees grew, the owner of the field may not cut down their branches, despite the fact that their shade damages his field. And that which grows out of the trunk is his, i.e., it belongs to the owner of the tree, but that which grows out of the roots belongs to the owner of the ground. And if the trees died, their owner has no rights to the ground where the trees had stood.
קָנָה שְׁלֹשָׁה – קָנָה קַרְקַע. הִגְדִּילוּ – יְשַׁפֶּה. וְהָעוֹלֶה מִן הַגֶּזַע וּמִן הַשׇּׁרָשִׁין – שֶׁלּוֹ. וְאִם מֵתוּ – יֵשׁ לוֹ קַרְקַע.
If one bought three trees, he has acquired the ground along with them. If they grew, the owner of the field may cut down their branches, as he sold a specific piece of land along with the trees, not his entire field. And that which grows out of the trunk and out of the roots is his, i.e., it belongs to the owner of the trees. And if the trees died, the owner of the trees still has possession of the ground, as it was sold along with the trees.
גְּמָ׳ תְּנַן הָתָם: הַקּוֹנֶה שְׁנֵי אִילָנוֹת בְּתוֹךְ שֶׁל חֲבֵירוֹ – מֵבִיא וְאֵינוֹ קוֹרֵא. רַבִּי מֵאִיר אוֹמֵר: מֵבִיא וְקוֹרֵא.
GEMARA: We learned in a mishna elsewhere (Bikkurim 1:6): With regard to one who buys two trees in the field of another, he brings the first fruits but does not recite the passages of thanks to God that appear in the Torah (Deuteronomy 26:1–11), as the land does not belong to him and therefore he cannot state: “I have brought the first of the fruit of the land, which You, Lord, have given me” (Deuteronomy 26:10). Rabbi Meir says: He brings the first fruits and also recites the passage.
אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: מְחַיֵּיב הָיָה רַבִּי מֵאִיר אַף בְּלוֹקֵחַ פֵּירוֹת מִן הַשּׁוּק. מִמַּאי? מִדְּקָתָנֵי מִשְׁנָה יַתִּירָא – מִכְּדֵי תְּנָא לֵיהּ דְּיֵשׁ לוֹ קַרְקַע, פְּשִׁיטָא דְּמֵבִיא וְקוֹרֵא.
Rav Yehuda says that Shmuel says: Rabbi Meir would obligate even one who buys fruit from the marketplace to bring first fruits, not only one who grew the fruits on his own tree. From where did he derive this halakha? From the fact that the tanna teaches an apparently superfluous mishna. Since Rabbi Meir already taught in the mishna here that the owner of two trees has possession of the ground, isn’t it obvious that he brings first fruits and recites the passage? What is added by his statement in the mishna in Bikkurim?
אֶלָּא שְׁמַע מִינַּהּ, מְחַיֵּיב הָיָה רַבִּי מֵאִיר אַף בְּלוֹקֵחַ פֵּירוֹת מִן הַשּׁוּק.
Rather, learn from the mishna in Bikkurim that Rabbi Meir would obligate even one who buys fruit from the marketplace to bring first fruits to the Temple. Rabbi Meir is saying that even if the halakha is in accordance with the opinion of the Rabbis that one who buys two trees does not own the ground between them, he still must bring the first fruits and recite the passage of thanks.
וְהָא כְּתִיב: ״אֲשֶׁר תָּבִיא מֵאַרְצְךָ״! הָהוּא לְמַעוֹטֵי חוּצָה לָאָרֶץ.
The Gemara asks: But isn’t it written: “Which you shall bring in from your land” (Deuteronomy 26:2)? This verse indicates that the fruit must be the produce of your land, not land that belongs to another. The Gemara answers: That verse serves to exclude land that is outside of Eretz Yisrael, which is not the land of the Jewish people. It does not exclude land that does not belong to that specific individual.
וְהָא כְּתִיב: אַדְמָתְךָ! לְמַעוֹטֵי אַדְמַת גּוֹי. וְהָכְתִיב: ״אֲשֶׁר נָתַתָּה לִי״! דִּיהַבְתְּ לִי זוּזֵי וּזְבַנִי בְּהוּ.
The Gemara asks: But isn’t it written: “The choicest first fruits of your land you shall bring” (Exodus 23:19)? The Gemara answers: This serves to exclude fruit bought by a Jew that was grown on the land of a gentile in Eretz Yisrael. The Gemara asks: But isn’t it written: “I have brought the first of the fruit of the land, which You, Lord, have given me” (Deuteronomy 26:10)? If he purchased the fruit, then the land on which it grew was not given to him by God. The Gemara answers that the phrase “which You have given me” can mean that You have given me money, and with that money I bought this fruit.
מֵתִיב רַבָּה: הַקּוֹנֶה אִילָן אֶחָד בְּתוֹךְ שֶׁל חֲבֵירוֹ – מֵבִיא וְאֵינוֹ קוֹרֵא, לְפִי שֶׁלֹּא קָנָה קַרְקַע; דִּבְרֵי רַבִּי מֵאִיר. תְּיוּבְתָּא.
Rabba raises an objection to the opinion of Shmuel from a baraita: One who buys one tree in the field of another brings first fruits but does not recite the passage, as he did not acquire any land; this is the statement of Rabbi Meir. This is a conclusive refutation of Shmuel’s opinion, as he said that according to Rabbi Meir even one who simply purchases fruit is obligated to bring first fruits to the Temple.
אָמַר לוֹ רַבִּי שִׁמְעוֹן בֶּן אֶלְיָקִים לְרַבִּי אֶלְעָזָר:
Apropos the discussion of the obligation to bring first fruits of one who buys a tree in the field of another, Rabbi Shimon ben Elyakim said to Rabbi Elazar:
מַאי טַעְמָא דְּרַבִּי מֵאִיר בְּאִילָן אֶחָד, וּמַאי טַעְמָא דְּרַבָּנַן בִּשְׁנֵי אִילָנוֹת? אָמַר לוֹ: דָּבָר שֶׁהָרִאשׁוֹנִים לֹא אָמְרוּ בּוֹ טַעַם, תִּשְׁאָלֵנִי בְּבֵית הַמִּדְרָשׁ כְּדֵי לְבַיְּישֵׁנִי?
What is the rationale of Rabbi Meir that in the case of one tree, an individual is obligated to bring first fruits but does not recite the passage, and what is the rationale of the Rabbis that in the case of two trees, an individual is obligated to bring the first fruits but does not recite the passage? If one owns the ground and is obligated to bring the first fruits to the Temple, he should also recite the passage of thanks. If he does not own the ground and therefore is not obligated to recite the passage, why does he bring the first fruits to the Temple? Rabbi Elazar said to Rabbi Shimon ben Elyakim: Do you ask me publicly, in the study hall, about a matter for which the early Sages did not give a reason, in order to embarrass me? In other words, I do not know the reason, as not even the early Sages explained this matter.
אָמַר רַבָּה: מַאי קוּשְׁיָא? דִּלְמָא רַבִּי מֵאִיר בְּאִילָן אֶחָד סַפּוֹקֵי מְסַפְּקָא לֵיהּ, וְרַבָּנַן בִּשְׁנֵי אִילָנוֹת סַפּוֹקֵי מְסַפְּקָא לְהוּ!
Rabba said: What is the difficulty? Perhaps Rabbi Meir is uncertain, in the case of an individual who purchases one tree, whether or not the buyer owns the ground, and the Rabbis are uncertain, in the case of an individual who purchases two trees, whether or not the buyer owns the ground. Due to this uncertainty, the owner of the tree must bring the first fruits to the Temple, as he might be obligated in this mitzva. He does not recite the passage of thanks because it is not definitely established that he is obligated to bring the fruits.
וּמִי מְסַפְּקָא לֵיהּ? וְהָא קָתָנֵי: לְפִי שֶׁלֹּא קָנָה קַרְקַע, דִּבְרֵי רַבִּי מֵאִיר! אֵימָא: שֶׁמָּא לֹא קָנָה קַרְקַע.
The Gemara asks: And is Rabbi Meir really uncertain whether the buyer owns the ground? But it teaches: Since he did not acquire any land; this is the statement of Rabbi Meir. Rabbi Meir states definitively that the owner of the tree does not own the ground. The Gemara answers: Say that the baraita should be emended as follows: Perhaps he did not acquire any land.
וְלֵיחוּשׁ דְּדִלְמָא לָאו בִּיכּוּרִים נִינְהוּ, וְקָא מְעַיֵּיל חוּלִּין לָעֲזָרָה! דְּמַקְדֵּישׁ לְהוּ. וְהָא בָּעֵי מֵיכְלִינְהוּ! דְּפָרֵיק לְהוּ. וְדִלְמָא לָאו בִּכּוּרִים נִינְהוּ, וְקָא מַפְקַע לְהוּ מִתְּרוּמָה וּמַעֲשֵׂר! דְּמַפְרֵישׁ לְהוּ.
The Gemara asks: But let us be concerned that perhaps these fruits are not first fruits, and he is bringing non-sacred fruit to the Temple courtyard, which is prohibited. The Gemara answers: The case is where he consecrates them. The Gemara asks: But the priest is required to eat first fruits, and he cannot do so if they are consecrated. The Gemara answers: The case is where the priest redeems them. The Gemara asks: But perhaps they are not first fruits, and thereby he removes them from the obligation of teruma and tithes, as one does not separate teruma and tithes from first fruits. The Gemara answers: The case is where he separates teruma and tithes from the fruits, due to the uncertainty over their status.
בִּשְׁלָמָא תְּרוּמָה גְּדוֹלָה – יָהֵיב לַהּ לְכֹהֵן, מַעֲשֵׂר שֵׁנִי נָמֵי – יָהֵיב לֵיהּ לְכֹהֵן, מַעְשַׂר עָנִי נָמֵי – יָהֵיב לֵיהּ לְכֹהֵן עָנִי, אֶלָּא מַעֲשֵׂר רִאשׁוֹן – דְּלֵוִי הוּא! לְמַאן יָהֵיב לֵיהּ?
The Gemara asks: Granted, the teruma gedola that he separates from these fruits he gives to a priest, and the priest may partake of it, as it has the halakhic status of either first fruits or teruma gedola, both of which are eaten by a priest. It is understood with regard to the second tithe as well; he gives it to a priest, who eats it in Jerusalem, either as first fruits or as second tithe. If it is the third or the sixth year of the Sabbatical cycle, when instead of second tithe one is obligated to give the poor man’s tithe, here too, he gives it to a poor priest, who eats it as either first fruits or poor man’s tithe. But with regard to first tithe, which is given to a Levite, to whom can he give it? A Levite may not eat first fruits.
דְּיָהֵיב לֵיהּ לְכֹהֵן, כְּרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה – דְּתַנְיָא: תְּרוּמָה גְּדוֹלָה לְכֹהֵן, מַעֲשֵׂר רִאשׁוֹן לְלֵוִי, דִּבְרֵי רַבִּי עֲקִיבָא. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמֵר: מַעֲשֵׂר רִאשׁוֹן אַף לְכֹהֵן. וְדִלְמָא בִּכּוּרִים נִינְהוּ, וּבָעוּ קְרִיָּיהּ! קְרִיָּיהּ לֹא מְעַכֶּבֶת.
The Gemara answers: The case is where he gives it to a priest, in accordance with the opinion of Rabbi Elazar ben Azarya. As it is taught in a baraita: Teruma gedola is given only to a priest, and first tithe is given only to a Levite; this is the statement of Rabbi Akiva. Rabbi Elazar ben Azarya says: First tithe may also be given to a priest. The Gemara asks: But perhaps they are in fact first fruits and require recitation of the passage of thanks, and yet the owner does not recite it due to the uncertainty. The Gemara answers: The recitation is not indispensable, i.e., one can perform the mitzva of bringing first fruits without the recitation.
וְלָא?! וְהָאָמַר רַבִּי זֵירָא: כׇּל הָרָאוּי לְבִילָּה, אֵין בִּילָּה מְעַכֶּבֶת בּוֹ; וְשֶׁאֵינוֹ רָאוּי לְבִילָּה, בִּילָּה מְעַכֶּבֶת בּוֹ!
The Gemara asks: And is the recitation not indispensable? But doesn’t Rabbi Zeira say in the context of offerings: For any measure of flour that is suitable for mixing with oil in a meal-offering, the lack of mixing does not invalidate the meal-offering. Even though there is a mitzva to mix the oil and the flour ab initio, the meal-offering is fit for sacrifice even if the oil and the flour are not mixed. And for any measure of flour that is not suitable for mixing with oil in a meal-offering, the lack of mixing invalidates the meal-offering. The principle is: Ab initio requirements prevent the fulfillment of a mitzva in situations where they are not merely absent but impossible. Accordingly, first fruits that are unfit for recitation should not be brought to the Temple.
דְּעָבֵיד לְהוּ כְּרַבִּי יוֹסֵי בַּר חֲנִינָא, דְּאָמַר: בְּצָרָן וְשִׁגְּרָן בְּיַד שָׁלִיחַ, וּמֵת שָׁלִיחַ בַּדֶּרֶךְ – מֵבִיא וְאֵינוֹ קוֹרֵא. מַאי טַעְמָא? דִּכְתִיב: ״וְלָקַחְתָּ וְהֵבֵאתָ״ –
The Gemara answers: The case is where he renders them exempt from the obligation of recitation, in accordance with the opinion of Rabbi Yosei bar Ḥanina, who says: If one harvested the fruits and sent them in the possession of an agent, and the agent died on the way, the owner or any other person brings the first fruits but does not recite the passage of thanks. What is the reason? As it is written: And you shall take, and you shall bring. The Gemara is citing from the following verse with a slight variation: “And you shall take of the first of all the fruit of the ground, which you shall bring in from your land that the Lord your God gives you” (Deuteronomy 26:2).
Delve Deeper
Broaden your understanding of the topics on this daf with classes and podcasts from top women Talmud scholars.
A Daf Of Their Own –Schita By a Woman
נשים שוחטות- דף משלהן
Zevachim Daf 15-21 – Daf Yomi: One Week at a Time
ערל: בין הגדרה פיזיולוגית להגדרה מהותית- גפ”ת
A Daf Of Their Own –Defining Your Identity
ערל לב- דף משלהן
Din & Daf: The Kohen Gadol’s New Clothes: Yom Kippur as Renewal
Zevachim Daf 8-14 – Daf Yomi: One Week at a Time
A Daf Of Their Own –The Kohen’s Garments
בגדי כהונה- דף משלהן
Zevachim Daf 2-7 – Daf Yomi: One Week at a Time
New to Talmud?
Check out our resources designed to help you navigate a page of Talmud – and study at the pace, level and style that fits you.
The Hadran Women’s Tapestry
Meet the diverse women learning Gemara at Hadran and hear their stories.
In July, 2012 I wrote for Tablet about the first all women’s siyum at Matan in Jerusalem, with 100 women. At the time, I thought, I would like to start with the next cycle – listening to a podcast at different times of day makes it possible. It is incredible that after 10 years, so many women are so engaged!
Pittsburgh, United States
The first month I learned Daf Yomi by myself in secret, because I wasn’t sure how my husband would react, but after the siyyum on Masechet Brachot I discovered Hadran and now sometimes my husband listens to the daf with me. He and I also learn mishnayot together and are constantly finding connections between the different masechtot.
Silver Spring, Maryland, United States
When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.
Pennsylvania, United States
Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.
Jerusalem, Israel
After enthusing to my friend Ruth Kahan about how much I had enjoyed remote Jewish learning during the earlier part of the pandemic, she challenged me to join her in learning the daf yomi cycle. I had always wanted to do daf yomi but now had no excuse. The beginning was particularly hard as I had never studied Talmud but has become easier, as I have gained some familiarity with it.
Brookline, United States
Palo Alto, CA, United States
Phoenix, Arizona, United States
Geri Goldstein got me started learning daf yomi when I was in Israel 2 years ago. It’s been a challenge and I’ve learned a lot though I’m sure I miss a lot. I quilt as I listen and I want to share what I’ve been working on.
Ottawa, Canada
I started learning after the siyum hashas for women and my daily learning has been a constant over the last two years. It grounded me during the chaos of Corona while providing me with a community of fellow learners. The Daf can be challenging but it’s filled with life’s lessons, struggles and hope for a better world. It’s not about the destination but rather about the journey. Thank you Hadran!
אפרת, Israel
I started to listen to Michelle’s podcasts four years ago. The minute I started I was hooked. I’m so excited to learn the entire Talmud, and think I will continue always. I chose the quote “while a woman is engaged in conversation she also holds the spindle”. (Megillah 14b). It reminds me of all of the amazing women I learn with every day who multi-task, think ahead and accomplish so much.
Zichron Yakov, Israel
I decided to give daf yomi a try when I heard about the siyum hashas in 2020. Once the pandemic hit, the daily commitment gave my days some much-needed structure. There have been times when I’ve felt like quitting- especially when encountering very technical details in the text. But then I tell myself, “Look how much you’ve done. You can’t stop now!” So I keep going & my Koren bookshelf grows…
Huntington, United States
I started learning Daf Yomi inspired by תָּפַסְתָּ מְרוּבֶּה לֹא תָּפַסְתָּ, תָּפַסְתָּ מוּעָט תָּפַסְתָּ. I thought I’d start the first page, and then see. I was swept up into the enthusiasm of the Hadran Siyum, and from there the momentum kept building. Rabbanit Michelle’s shiur gives me an anchor, a connection to an incredible virtual community, and an energy to face whatever the day brings.
בית שמש, Israel
A beautiful world of Talmudic sages now fill my daily life with discussion and debate.
bringing alive our traditions and texts that has brought new meaning to my life.
I am a מגילת אסתר reader for women . the words in the Mishna of מסכת megillah 17a
הקורא את המגילה למפרע לא יצא were powerful to me.
I hope to have the zchut to complete the cycle for my 70th birthday.
Jerusalem, Israel
I heard about the syium in January 2020 & I was excited to start learning then the pandemic started. Learning Daf became something to focus on but also something stressful. As the world changed around me & my family I had to adjust my expectations for myself & the world. Daf Yomi & the Hadran podcast has been something I look forward to every day. It gives me a moment of centering & Judaism daily.
Denver, United States
Last cycle, I listened to parts of various מסכתות. When the הדרן סיום was advertised, I listened to Michelle on נידה. I knew that בע”ה with the next cycle I was in (ב”נ). As I entered the סיום (early), I saw the signs and was overcome with emotion. I was randomly seated in the front row, and I cried many times that night. My choice to learn דף יומי was affirmed. It is one of the best I have made!
אפרת, Israel
I learned Mishnayot more than twenty years ago and started with Gemara much later in life. Although I never managed to learn Daf Yomi consistently, I am learning since some years Gemara in depth and with much joy. Since last year I am studying at the International Halakha Scholars Program at the WIHL. I often listen to Rabbanit Farbers Gemara shiurim to understand better a specific sugyiah. I am grateful for the help and inspiration!
Berlin, Germany
I heard the new Daf Yomi cycle was starting and I was curious, so I searched online for a women’s class and was pleasently surprised to find Rabanit Michelle’s great class reviews in many online articles. It has been a splendid journey. It is a way to fill my days with Torah, learning so many amazing things I have never heard before during my Tanach learning at High School. Thanks so much .
Panama, Panama
Shortly after the death of my father, David Malik z”l, I made the commitment to Daf Yomi. While riding to Ben Gurion airport in January, Siyum HaShas was playing on the radio; that was the nudge I needed to get started. The “everyday-ness” of the Daf has been a meaningful spiritual practice, especial after COVID began & I was temporarily unable to say Kaddish at daily in-person minyanim.
Wynnewood, United States
I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.
Toronto, Canada
My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others. Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life. Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.
Englewood NJ, United States
Bava Batra 81
כְּסִיתָא. אִיכָּא דְּאָמְרִי: עֲרוֹנִים, עַרְמוֹנִים, אַלְמוּגִּים. עֲרוֹנִים – עָרֵי, עַרְמוֹנִים – דּוּלְבֵי, אַלְמוּגִּים – כְּסִיתָא.
refers to coral trees [kasita]. There are those who say that the other three are as follows: Aronim, armonim, and almugim. Aronim refers to laurel trees [arei], armonim to plane trees [dulevei], and almugim to coral trees [kasita].
מַתְנִי׳ הַקּוֹנֶה שְׁנֵי אִילָנוֹת בְּתוֹךְ שְׂדֵה חֲבֵירוֹ – הֲרֵי זֶה לֹא קָנָה קַרְקַע. רַבִּי מֵאִיר אוֹמֵר: קָנָה קַרְקַע. הִגְדִּילוּ – לֹא יְשַׁפֶּה. וְהָעוֹלֶה מִן הַגֶּזַע – שֶׁלּוֹ; וּמִן הַשׇּׁרָשִׁים – שֶׁל בַּעַל הַקַּרְקַע. וְאִם מֵתוּ – אֵין לוֹ קַרְקַע.
MISHNA: With regard to one who buys two trees in the field of another, this one has not acquired any ground, but only the trees. Rabbi Meir says: He has acquired the ground under them. The mishna states a halakha in accordance with the opinion of the first tanna: If the trees grew, the owner of the field may not cut down their branches, despite the fact that their shade damages his field. And that which grows out of the trunk is his, i.e., it belongs to the owner of the tree, but that which grows out of the roots belongs to the owner of the ground. And if the trees died, their owner has no rights to the ground where the trees had stood.
קָנָה שְׁלֹשָׁה – קָנָה קַרְקַע. הִגְדִּילוּ – יְשַׁפֶּה. וְהָעוֹלֶה מִן הַגֶּזַע וּמִן הַשׇּׁרָשִׁין – שֶׁלּוֹ. וְאִם מֵתוּ – יֵשׁ לוֹ קַרְקַע.
If one bought three trees, he has acquired the ground along with them. If they grew, the owner of the field may cut down their branches, as he sold a specific piece of land along with the trees, not his entire field. And that which grows out of the trunk and out of the roots is his, i.e., it belongs to the owner of the trees. And if the trees died, the owner of the trees still has possession of the ground, as it was sold along with the trees.
גְּמָ׳ תְּנַן הָתָם: הַקּוֹנֶה שְׁנֵי אִילָנוֹת בְּתוֹךְ שֶׁל חֲבֵירוֹ – מֵבִיא וְאֵינוֹ קוֹרֵא. רַבִּי מֵאִיר אוֹמֵר: מֵבִיא וְקוֹרֵא.
GEMARA: We learned in a mishna elsewhere (Bikkurim 1:6): With regard to one who buys two trees in the field of another, he brings the first fruits but does not recite the passages of thanks to God that appear in the Torah (Deuteronomy 26:1–11), as the land does not belong to him and therefore he cannot state: “I have brought the first of the fruit of the land, which You, Lord, have given me” (Deuteronomy 26:10). Rabbi Meir says: He brings the first fruits and also recites the passage.
אָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: מְחַיֵּיב הָיָה רַבִּי מֵאִיר אַף בְּלוֹקֵחַ פֵּירוֹת מִן הַשּׁוּק. מִמַּאי? מִדְּקָתָנֵי מִשְׁנָה יַתִּירָא – מִכְּדֵי תְּנָא לֵיהּ דְּיֵשׁ לוֹ קַרְקַע, פְּשִׁיטָא דְּמֵבִיא וְקוֹרֵא.
Rav Yehuda says that Shmuel says: Rabbi Meir would obligate even one who buys fruit from the marketplace to bring first fruits, not only one who grew the fruits on his own tree. From where did he derive this halakha? From the fact that the tanna teaches an apparently superfluous mishna. Since Rabbi Meir already taught in the mishna here that the owner of two trees has possession of the ground, isn’t it obvious that he brings first fruits and recites the passage? What is added by his statement in the mishna in Bikkurim?
אֶלָּא שְׁמַע מִינַּהּ, מְחַיֵּיב הָיָה רַבִּי מֵאִיר אַף בְּלוֹקֵחַ פֵּירוֹת מִן הַשּׁוּק.
Rather, learn from the mishna in Bikkurim that Rabbi Meir would obligate even one who buys fruit from the marketplace to bring first fruits to the Temple. Rabbi Meir is saying that even if the halakha is in accordance with the opinion of the Rabbis that one who buys two trees does not own the ground between them, he still must bring the first fruits and recite the passage of thanks.
וְהָא כְּתִיב: ״אֲשֶׁר תָּבִיא מֵאַרְצְךָ״! הָהוּא לְמַעוֹטֵי חוּצָה לָאָרֶץ.
The Gemara asks: But isn’t it written: “Which you shall bring in from your land” (Deuteronomy 26:2)? This verse indicates that the fruit must be the produce of your land, not land that belongs to another. The Gemara answers: That verse serves to exclude land that is outside of Eretz Yisrael, which is not the land of the Jewish people. It does not exclude land that does not belong to that specific individual.
וְהָא כְּתִיב: אַדְמָתְךָ! לְמַעוֹטֵי אַדְמַת גּוֹי. וְהָכְתִיב: ״אֲשֶׁר נָתַתָּה לִי״! דִּיהַבְתְּ לִי זוּזֵי וּזְבַנִי בְּהוּ.
The Gemara asks: But isn’t it written: “The choicest first fruits of your land you shall bring” (Exodus 23:19)? The Gemara answers: This serves to exclude fruit bought by a Jew that was grown on the land of a gentile in Eretz Yisrael. The Gemara asks: But isn’t it written: “I have brought the first of the fruit of the land, which You, Lord, have given me” (Deuteronomy 26:10)? If he purchased the fruit, then the land on which it grew was not given to him by God. The Gemara answers that the phrase “which You have given me” can mean that You have given me money, and with that money I bought this fruit.
מֵתִיב רַבָּה: הַקּוֹנֶה אִילָן אֶחָד בְּתוֹךְ שֶׁל חֲבֵירוֹ – מֵבִיא וְאֵינוֹ קוֹרֵא, לְפִי שֶׁלֹּא קָנָה קַרְקַע; דִּבְרֵי רַבִּי מֵאִיר. תְּיוּבְתָּא.
Rabba raises an objection to the opinion of Shmuel from a baraita: One who buys one tree in the field of another brings first fruits but does not recite the passage, as he did not acquire any land; this is the statement of Rabbi Meir. This is a conclusive refutation of Shmuel’s opinion, as he said that according to Rabbi Meir even one who simply purchases fruit is obligated to bring first fruits to the Temple.
אָמַר לוֹ רַבִּי שִׁמְעוֹן בֶּן אֶלְיָקִים לְרַבִּי אֶלְעָזָר:
Apropos the discussion of the obligation to bring first fruits of one who buys a tree in the field of another, Rabbi Shimon ben Elyakim said to Rabbi Elazar:
מַאי טַעְמָא דְּרַבִּי מֵאִיר בְּאִילָן אֶחָד, וּמַאי טַעְמָא דְּרַבָּנַן בִּשְׁנֵי אִילָנוֹת? אָמַר לוֹ: דָּבָר שֶׁהָרִאשׁוֹנִים לֹא אָמְרוּ בּוֹ טַעַם, תִּשְׁאָלֵנִי בְּבֵית הַמִּדְרָשׁ כְּדֵי לְבַיְּישֵׁנִי?
What is the rationale of Rabbi Meir that in the case of one tree, an individual is obligated to bring first fruits but does not recite the passage, and what is the rationale of the Rabbis that in the case of two trees, an individual is obligated to bring the first fruits but does not recite the passage? If one owns the ground and is obligated to bring the first fruits to the Temple, he should also recite the passage of thanks. If he does not own the ground and therefore is not obligated to recite the passage, why does he bring the first fruits to the Temple? Rabbi Elazar said to Rabbi Shimon ben Elyakim: Do you ask me publicly, in the study hall, about a matter for which the early Sages did not give a reason, in order to embarrass me? In other words, I do not know the reason, as not even the early Sages explained this matter.
אָמַר רַבָּה: מַאי קוּשְׁיָא? דִּלְמָא רַבִּי מֵאִיר בְּאִילָן אֶחָד סַפּוֹקֵי מְסַפְּקָא לֵיהּ, וְרַבָּנַן בִּשְׁנֵי אִילָנוֹת סַפּוֹקֵי מְסַפְּקָא לְהוּ!
Rabba said: What is the difficulty? Perhaps Rabbi Meir is uncertain, in the case of an individual who purchases one tree, whether or not the buyer owns the ground, and the Rabbis are uncertain, in the case of an individual who purchases two trees, whether or not the buyer owns the ground. Due to this uncertainty, the owner of the tree must bring the first fruits to the Temple, as he might be obligated in this mitzva. He does not recite the passage of thanks because it is not definitely established that he is obligated to bring the fruits.
וּמִי מְסַפְּקָא לֵיהּ? וְהָא קָתָנֵי: לְפִי שֶׁלֹּא קָנָה קַרְקַע, דִּבְרֵי רַבִּי מֵאִיר! אֵימָא: שֶׁמָּא לֹא קָנָה קַרְקַע.
The Gemara asks: And is Rabbi Meir really uncertain whether the buyer owns the ground? But it teaches: Since he did not acquire any land; this is the statement of Rabbi Meir. Rabbi Meir states definitively that the owner of the tree does not own the ground. The Gemara answers: Say that the baraita should be emended as follows: Perhaps he did not acquire any land.
וְלֵיחוּשׁ דְּדִלְמָא לָאו בִּיכּוּרִים נִינְהוּ, וְקָא מְעַיֵּיל חוּלִּין לָעֲזָרָה! דְּמַקְדֵּישׁ לְהוּ. וְהָא בָּעֵי מֵיכְלִינְהוּ! דְּפָרֵיק לְהוּ. וְדִלְמָא לָאו בִּכּוּרִים נִינְהוּ, וְקָא מַפְקַע לְהוּ מִתְּרוּמָה וּמַעֲשֵׂר! דְּמַפְרֵישׁ לְהוּ.
The Gemara asks: But let us be concerned that perhaps these fruits are not first fruits, and he is bringing non-sacred fruit to the Temple courtyard, which is prohibited. The Gemara answers: The case is where he consecrates them. The Gemara asks: But the priest is required to eat first fruits, and he cannot do so if they are consecrated. The Gemara answers: The case is where the priest redeems them. The Gemara asks: But perhaps they are not first fruits, and thereby he removes them from the obligation of teruma and tithes, as one does not separate teruma and tithes from first fruits. The Gemara answers: The case is where he separates teruma and tithes from the fruits, due to the uncertainty over their status.
בִּשְׁלָמָא תְּרוּמָה גְּדוֹלָה – יָהֵיב לַהּ לְכֹהֵן, מַעֲשֵׂר שֵׁנִי נָמֵי – יָהֵיב לֵיהּ לְכֹהֵן, מַעְשַׂר עָנִי נָמֵי – יָהֵיב לֵיהּ לְכֹהֵן עָנִי, אֶלָּא מַעֲשֵׂר רִאשׁוֹן – דְּלֵוִי הוּא! לְמַאן יָהֵיב לֵיהּ?
The Gemara asks: Granted, the teruma gedola that he separates from these fruits he gives to a priest, and the priest may partake of it, as it has the halakhic status of either first fruits or teruma gedola, both of which are eaten by a priest. It is understood with regard to the second tithe as well; he gives it to a priest, who eats it in Jerusalem, either as first fruits or as second tithe. If it is the third or the sixth year of the Sabbatical cycle, when instead of second tithe one is obligated to give the poor man’s tithe, here too, he gives it to a poor priest, who eats it as either first fruits or poor man’s tithe. But with regard to first tithe, which is given to a Levite, to whom can he give it? A Levite may not eat first fruits.
דְּיָהֵיב לֵיהּ לְכֹהֵן, כְּרַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה – דְּתַנְיָא: תְּרוּמָה גְּדוֹלָה לְכֹהֵן, מַעֲשֵׂר רִאשׁוֹן לְלֵוִי, דִּבְרֵי רַבִּי עֲקִיבָא. רַבִּי אֶלְעָזָר בֶּן עֲזַרְיָה אוֹמֵר: מַעֲשֵׂר רִאשׁוֹן אַף לְכֹהֵן. וְדִלְמָא בִּכּוּרִים נִינְהוּ, וּבָעוּ קְרִיָּיהּ! קְרִיָּיהּ לֹא מְעַכֶּבֶת.
The Gemara answers: The case is where he gives it to a priest, in accordance with the opinion of Rabbi Elazar ben Azarya. As it is taught in a baraita: Teruma gedola is given only to a priest, and first tithe is given only to a Levite; this is the statement of Rabbi Akiva. Rabbi Elazar ben Azarya says: First tithe may also be given to a priest. The Gemara asks: But perhaps they are in fact first fruits and require recitation of the passage of thanks, and yet the owner does not recite it due to the uncertainty. The Gemara answers: The recitation is not indispensable, i.e., one can perform the mitzva of bringing first fruits without the recitation.
וְלָא?! וְהָאָמַר רַבִּי זֵירָא: כׇּל הָרָאוּי לְבִילָּה, אֵין בִּילָּה מְעַכֶּבֶת בּוֹ; וְשֶׁאֵינוֹ רָאוּי לְבִילָּה, בִּילָּה מְעַכֶּבֶת בּוֹ!
The Gemara asks: And is the recitation not indispensable? But doesn’t Rabbi Zeira say in the context of offerings: For any measure of flour that is suitable for mixing with oil in a meal-offering, the lack of mixing does not invalidate the meal-offering. Even though there is a mitzva to mix the oil and the flour ab initio, the meal-offering is fit for sacrifice even if the oil and the flour are not mixed. And for any measure of flour that is not suitable for mixing with oil in a meal-offering, the lack of mixing invalidates the meal-offering. The principle is: Ab initio requirements prevent the fulfillment of a mitzva in situations where they are not merely absent but impossible. Accordingly, first fruits that are unfit for recitation should not be brought to the Temple.
דְּעָבֵיד לְהוּ כְּרַבִּי יוֹסֵי בַּר חֲנִינָא, דְּאָמַר: בְּצָרָן וְשִׁגְּרָן בְּיַד שָׁלִיחַ, וּמֵת שָׁלִיחַ בַּדֶּרֶךְ – מֵבִיא וְאֵינוֹ קוֹרֵא. מַאי טַעְמָא? דִּכְתִיב: ״וְלָקַחְתָּ וְהֵבֵאתָ״ –
The Gemara answers: The case is where he renders them exempt from the obligation of recitation, in accordance with the opinion of Rabbi Yosei bar Ḥanina, who says: If one harvested the fruits and sent them in the possession of an agent, and the agent died on the way, the owner or any other person brings the first fruits but does not recite the passage of thanks. What is the reason? As it is written: And you shall take, and you shall bring. The Gemara is citing from the following verse with a slight variation: “And you shall take of the first of all the fruit of the ground, which you shall bring in from your land that the Lord your God gives you” (Deuteronomy 26:2).
