Translation:Shulchan Aruch/Choshen Mishpat/168

From Wikisource
Jump to navigation Jump to search

Paragraph 1- If a river swept away one’s olives and planted them in the field of another, and the original owner says he is going to take back his olives, we would not listen to him because we want to settle the land of Israel. Rather, the olives should be left in their place. If the river uprooted the olives with their soil in a way where the olives can be maintained via the soil, the owner of the field and the owner of the olives would split the fruits of the first three years. Once three years has passed, the owner of the field would receive everything but he must pay the owner of the olives the value of the olives at the time the river swept them away. If the olives were not swept away with their soil, everything would immediately belong to the owner of the land. If the owner of the olives comes to take his fruits, he may do so in the diaspora, whether it is within three years or after three years, but in Israel we would not listen to him. The owner of the field would pay him the value of the olives as if they were being sold for planting. If the owner of the field tells the owner of the olives to take the olives, we would listen to him.

Paragraph 2- If one sells his olives for wood and stipulated with the buyer to immediately cut the olives, the fruits that were subsequently made would belong to the owner of the land. If he stipulated to cut the fruits at whatever time he wanted, all the fruits that were produced would belong to the owner of the wood. If he sold without specifying and the fruits could produce less than ¼ of a seah of oil exclusive of the expenses, they would belong to the owner of the olives. If they could produce more than ¼ seah exclusive of the expenses, they would divide it.