Bava Metzia 101A

חוץ מן ההוצאה.

is exclusive of the expense of processing the olives to produce oil.

שטף נהר זיתיו. אמר עולא אמר ריש לקיש: לא שנו אלא שנעקרו בגושיהן, ולאחר שלש.

§ The Mishnah teaches: In the event that a river swept away one’s olive trees and deposited them in the field of another, and they took root there and yielded olives, then the olives are divided between the owner of the trees and the owner of the field. Ulla says that Reish Lakish says: They taught this only about a case where the olive trees were uprooted and relocated together with their clods of earth in which they grew; and the ruling is with regard to olives that grew after 3 years since the trees took root in the new field. After 3 years there is no longer any prohibition of orla (see Leviticus 19:23) on the olives even if one presumes that the olives were nourished from the field owner’s land.

אבל בתוך שלש ⁠– הכל של בעל הזיתים. דאמר ליה: אי את נטעת בתוך שלש, מי הוה אכלת?

But during the first 3 years after the trees took root in the new field, everything that grows is the property of the owner of the olive trees, as he can say to the owner of the field: Even if you had planted the trees yourself at the time that they took root in your field, would you have eaten the olives during the first 3 years? If you claim that the nourishment from your land yielded the olives, the olives will be prohibited as orla. The only reason for them to be permitted is if it is assumed that they were nourished only from the clods of earth in which they were initially planted over 3 years ago, in which case they should belong entirely to me, as the owner of both the trees and the clods.