Feb 282017

If one profits from only 10 out of 30 trees (that are growing in a field of 3 beit seah) each year (and each year a different 10), one can still create a chazaka on the whole field, both according to the rabbis and Rabbi Yishmael.  However there are two limitations to this halacha.  If one sold all one’s property to two people – to one the trees and to the other, the land,  does the one who purchased the trees also acquire the land under/around the trees.  How does that differ from one who sold the rights to the trees in one’s own property?  Or if one sold the land but kept the trees?  How does that case relate to the argument of Rabbi Akiva and the rabbis regarding one who sold a field but kept a pit or cistern for him/herself – did one leave oneself a path to get there or does one need to buy a path from the buyer in order to get there.

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