Monday 23 January 2017

Bava Metzia 119: Stretching for the Vegetables; King Shapur

Our final daf of Masechet Bava Metzia is extremely short.  First our rabbis continue their discussion about who owns plants that grow from the trunk or the roots of a tree.  As well, they discuss who owns the plants that grow on an incline between a lower and an upper garden.  The rabbis note the importance of the halachot of orla, which teach us to leave the fruit of a new tree unpicked for its first three years.  Those rules would apply to a tree that grows from the root of another tree.  

The rabbis also discuss what it might mean to own the vegetables that can be reached with one's arm from one's upper or lower garden.  Rabbi Shimon has taught that the owner of the upper garden owns any plants he can reach out and grab from his garden; the remainder belong to the owner of the lower garden.  Rabbi Yannai adds that one should not need to force oneself; we only own that which can be easily reached from our upper garden.

Does it matter if one can reach the leaves but not the roots?  Or if one can reach the roots but not the leaves?  This question is left unresolved.

The final paragraph of our masechet tells us that Reish Lakish's student Ephraim says in his teacher's name that Rabbi Shimon's argument holds.  We know that this is true because King Shapur was interested in this debate.  He instructed people to praise Rabbi Shimon, suggesting that he agreed with Rabbi Shimon's position that the owner of the upper garden actually owns the produce that grows between the two fields, but it is reasonable for him to use only those vegetables that he can reach.

Steinsaltz's notes teach us that while it was forbidden to teach Talmud to Gentiles, King Shapur was permitted to learn for he was learning only about monetary matters.  Monetary law is included in the Noahide laws, and it applies to all people.  It is possible that King Shapur was a nickname for one of the sages, perhaps Shmuel or Rabba, who were referred to as "King Shapur" in other points in the Talmud.  I would add that it was possible that the rabbis taught Talmud to King Shapur because he wanted them to do so and they did not want to die.

No comments:

Post a Comment