And we learnt1 similarly in the case of 'orlah:2 A tree which issues from the trunk or from the roots is subject to 'orlah: this is the opinion of R. Meir.3 R. Judah said: That which grows out of the trunk is not subject thereto;4 but out of the roots, is subject. And both are necessary. For if the first were taught, [I would argue,] only there does R. Judah rule so, because it is [a question of] civil law.5 But with respect to 'orlah, which is a ritual prohibition6 I might think that he agrees with R. Meir. And if the latter were taught, I might argue, only here does R. Meir rule so, but in the former case he agrees with R. Judah. Hence both are necessary.
R. SIMEON SAID: AS FAR AS THE OWNER OF THE UPPER GARDEN CAN STRETCH OUT HIS HAND, etc. The disciples of R. Jannai said: providing, however, that he does not strain himself. R. 'Anan — or according to others, R. Jeremiah — propounded: What if he can reach its leaves but not the roots, or he can reach the roots but not the leaves?7 The problem remains unsolved.
Ephraim the Scribe, a disciple of Resh Lakish, said on the authority of the latter: The halachah agrees with R. Simeon. When this was told to King Shapur.8 he observed, 'Let a palanquin be put up for R. Simeon.'9
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