Bava Metzia 110A

ימכרו לעצים, וילקח בהן קרקע, והוא אוכל פירות. אימא: והזקינו.

such trees are sold as wood and land is acquired with them, and her husband consumes the produce, while the land itself belongs to the wife. The Talmud answers that the text should be emended to say: And they grew old, meaning that the trees were not old when she inherited them but they aged with the passage of time.

ואיבעית אימא: לאו מי אוקימנא לההיא כגון שנפלו לה בשדה אחרת, דקא כליא קרנא.

And if you wish, say: Did we not already establish that Mishnah as referring to a case where the vines or olive trees were bequeathed to her in a different field that did not belong to her? Since in that case she inherited only the trees but not the land itself, they are considered the principal. Consequently, the husband taking all of it would consume the principal entirely. Therefore, they must be sold as wood, with the proceeds used for the purchase of land.

ההוא שטרא דהוה כתיב ביה שנין סתמא. מלוה אמר: שלש. לוה אמר: שתים. קדים מלוה ואכלינהו לפירי. מי נאמן? רב יהודה אמר: קרקע בחזקת בעליה קיימא. רב כהנא אמר: פירות בחזקת אוכליהן קיימי.

§ The Talmud relates: There was a certain mortgage document in which it was written that the land was granted to the creditor for an unspecified number of years. The creditor said it was for 3 years, whereas the debtor said it was for two years. While the issue was being adjudicated, the creditor arose and consumed the produce of the field in the 3rd year. Which of them is deemed credible and accepted? Rav Yehuda said: The halakha is that land remains in its owner’s possession. Therefore, the debtor has the presumptive right to the land, while the creditor, who owns the document, must provide proof for his claim. Rav Kahana said: The produce remains in the possession of the one who consumed it, and therefore the creditor’s claim is accepted.