In the case of vegetables growing out of the vertical wall
between two gardens, why does Rabbi Shimon says that the reach of the
upper garden's owner's hand determines to whom the vegetables belong?
In
principle, Rabbi Shimon agrees with Rabbi Meir's view, that the
vegetables belong to the owner of the upper garden because they are
growing out of his earth. Rabbi Shimon, however, maintains that the
upper owner abandons any vegetables that he cannot reach. Since he
would have to go through his neighbor's garden in order to pick the
vegetables and it would be embarrassing for him to ask his neighbor's
permission to do so, it is is assumed that he relinquishes them to his
neighbor.
They
reported Rabbi Shimon's ruling to the Persian King Shapur, and he said
in praise of it, “We extend our graciousness to Rabbi Shimon.”
