1who threw turnip seeds in the crevices [ filei ] of the land of a convert who died without heirs, it is not sufficient to take possession. What is the reason for this? As at the time that he threw the seeds there was no enhancement to the value of the field. Now that the turnips have grown and the value of the field is enhanced, it is enhanced by itself.
2The Gemara records a series of rulings with regard to taking possession of land. Shmuel says: With regard to this one who cuts the branches of a palm tree, if he had in mind the acquisition of the palm tree, he has acquired it; but if he had in mind the benefit of the animals, to feed his animals the branches, he has not acquired it. The Gemara asks: What are the circumstances in which it can be known what he had in mind? The Gemara answers: If he took branches from this side and from that side, he had in mind the acquisition of the palm tree, as this assists the growth of the tree; but if the branches that he took were all from one side, he had in mind the benefit of the animals.
3And Shmuel says with regard to this one who clears [ dezakkei zikheya ] a field of trees, if he had in mind the improvement of the field, to prepare it for plowing, he has acquired it; but if he had in mind the collection of the wood, he has not acquired it. The Gemara asks: What are the circumstances in which it can be known what he had in mind? The Gemara answers: If he took large and small pieces of wood, he had in mind the improvement of the field; however, if he took the large pieces of wood but left the small ones, he had in mind the collection of the wood.
4And Shmuel says with regard to this one who removes protuberances and levels the ground, if he had in mind the improvement of the field, to prepare it for plowing, he has acquired it; but if he had in mind the conversion of the field into a threshing floor, he has not acquired it. The Gemara asks: What are the circumstances in which it can be known what he had in mind? The Gemara answers: If he took a mound and threw it in a ditch, thereby leveling both areas, he had in mind the improvement of the field; but if he leveled the ground with a mound in the place of a mound and a ditch in the place of a ditch, expanding each area but leaving the field as a whole uneven, he had in mind the conversion of the field into a threshing floor.
5And Shmuel says with regard to this one who opened a blockage and enabled water to enter into a section of land, if he had in mind the improvement of the field, to irrigate it, he has acquired it; but if he had in mind the catching of the fish, i.e., to enable the water to flow in so that he could catch the fish therein, he has not acquired it. The Gemara asks: What are the circumstances in which it can be known what he had in mind? The Gemara answers: If he opened two gates, one bringing in the water and one taking out the water, this indicates that he had in mind the catching of the fish, as the water will flow out of the field, giving him the means to catch the fish; but if he opened only one gate, this indicates that he had in mind the improvement of the field.
6The Gemara relates: There was a certain woman who profited from an ownerless palm tree by cutting its branches for thirteen years. Another then came and plowed beneath it a bit. The case came before Levi, and some say that it came before Mar Ukva, who established the property in the possession of the one who plowed. The woman came and shouted before him, protesting the perceived injustice of his ruling. Mar Ukva said to her: What can I do for you, as you did not take possession of the property in the manner that people take possession?
7Rav says: One who draws an image, e.g., he paints an image on the wall, on the property of a convert who died without heirs has acquired it, as Rav himself acquired the garden of the house of Rav, which had been ownerless property, only by drawing an image.
8§ It was stated: With regard to a field that is defined by its boundaries, i.e., it has clearly demarcated boundaries on all sides, Rav Huna says that Rav says: Once he struck the land with a hoe one time, he acquired the entire property. And Shmuel says that he has acquired only the place that he struck with the hoe.