Bava Batra 71B

אם איתא דלא שייר, לימא ליה: ״עקור אילנך, שקול וזיל״.

if it is so that the prior owner did not retain some of the land for himself, let the buyer say to him: Uproot your trees, take them, and go, as the trees draw water and nutrients from the soil, causing damage to the buyer’s land. Therefore, the seller must have retained for himself the land needed for these trees.

תנן, רבי שמעון אומר: המקדיש את השדה ⁠– לא הקדיש אלא חרוב המורכב, וסדן השקמה. ותני עלה: ״אמר רבי שמעון: מה טעם? הואיל ויונקין משדה הקדש״.

The Talmud raises an objection: We learned in the Mishnah here that R' Shimon says: One who consecrates a field has not consecrated any of the items that are ordinarily excluded from a sale except for the grafted carob tree and the sycamore trunk. And it is taught with regard to this in a baraita: R' Shimon said: What is the reason that it is specifically the carob tree and the sycamore trunk that are consecrated? Since they draw their nutrients from a consecrated field, the owner must have had in mind to consecrate them as well, as otherwise his trees would be nurtured from consecrated property.

ואי סלקא דעתך שיורי שייר, כי קא ינקי ⁠– מדנפשיה קא ינקי!

And if it enters your mind, as Rav Huna claims, that when the seller retains certain trees for himself, he also retains the land around them so that they will be nurtured from soil that belongs to him, what is the reason for R' Shimon’s ruling? When these trees draw their nutrients, they draw their nutrients from the ground that the consecrator had retained for himself that still belongs to him, not from consecrated property.

רבי שמעון דאמר ⁠– כרבי עקיבא. ורב הונא דאמר ⁠– כרבנן.

The Talmud answers: The assumption that Rav Huna’s statement is true according to everyone must be reconsidered. Rather, R' Shimon, who says that one who consecrates his field does not retain for himself the land around the trees, holds in accordance with the opinion of his teacher, R' Akiva. According to R' Akiva, one who sells, sells generously, and there is no presumption that he retained some item or right for himself unless this was stated explicitly. Therefore, R' Shimon rules that one who consecrates his field has also consecrated the carob trees, as otherwise they would draw nutrients from consecrated land. And Rav Huna, who says that when a seller retains trees for himself he also retains the land around them, holds in accordance with the opinion of the Rabbis, who say that one who sells, sells sparingly.