Can Land be Stolen? Relationships to Land in Talmud

Rav Huna said to the [lulav] merchants:

When you purchase myrtle branches from non-Jewish [farmers], do not cut the branches yourself, rather, ask the farmers to cut them and bring them to you.

What is the reason for this?

Ordinary non-Jews are land thieves,

but land cannot be stolen.

Therefore, have the [farmers] cut the branches, so that the despair of the owners [of the land] will be on the hands [of the farmers], and [the branches can legally undergo] the change of ownership into [the merchants'] hands.

But ultimately, wouldn't it be that if the merchants cut the branches, the despair of the owners [of the land] would be in their hands, and [the branches could still legally undergo a] the change of ownership to [the lulav-user, who purchases the lulav]?

No! [Rav Huna's instructions] are necessary for the merchants' own lulavim.

But land cannot be stolen: that is to say, the thief cannot acquire it through despair, for it will always be in the possession of its [original] owner. We derive [this halakha] from Torah, [as explained] in Hagozel Batra (Bava Kamma 117b) in the order of Nezikin. But, when the fruit is picked, it is stolen; and the one who picks it is considered to be the one who stole it.

Mishnah: [If someone stole a field and then] a river flooded [and destroyed part of the field], the thief can say to the owner, "behold, what is yours is in front of you."

It is taught in a baraita: If someone stole a field from their fellow, and a river flooded [and destroyed part of the field], the thief is obligated to replace it with a different field: these are the words of Rabbi Elazar.

And the sages say: the thief can say to the owner, "behold, what is yours is in front of you."

About what did [Rabbi Elazar and the sages] actually disagree?

[they disagreed about which midrashic principle to use to interpret Leviticus 5:21-22, which state how a person should make restitution when they steal or otherwise acquire an object through deceit. One interpretation would lead one to conclude that land is just like objects and can be replaced by a payment. The other interpretation would lead one to conclude that only items that are "moveable property" (i.e. can be picked up) and are worth monetary value can be replaced by a payment. Land is not moveable property, so it cannot simply be replaced by a payment or an equivalent piece of land.]

A student came [to Rabbi Abahu]. He said to him: What is the reason for the shmita year [literally: "seventh"].

Rabbi Abahu said to them: now I will say something that is valuable for both of you. The Holy Blessed One said to Yisrael, "you should plant for six [years], and let [the fields] rest in the seventh, so that you shall know that the land is mine." But they didn't do it; instead, they missed the mark and [so] were exiled.

And the land may not be sold in perpetuity, for the land is Mine; for you are but temporary residents who dwell with Me.

A psalm of David:
The land and all of its fullness are Hashem's; the world and those who dwell in it.

It is taught in a baraita:

A person is prohibited to benefit from/enjoy this world without [reciting] a blessing; and anyone who enjoys this world without [reciting] a blessing has transgressed/has misused sacred property.

What is his [method of] repair?
He should go to a sage.

He should go to a sage? What would a sage do for him, when he already has done a prohibited thing!

Rather, Rava said: he should have gone to a sage at first, and they will teach him blessings, so that he will not come into the hands of me’ilah [misuse of sacred property].

Rav Yehuda said that Shmuel said: anyone who benefits from the world without [reciting a] blessing, it is as if that person benefited from Hashem’s sacred things, as scripture says: “the land and all of its fullness are Hashem’s” (Psalms 24:1)

Rabbi Levi raised a contradiction: It is written “the land and all of its fullness are Hashem’s,” and it is written, “the heavens are heavens of Hashem, and the land, Hashem gave to human children” (Psalms 115:16)

It is not difficult:
This refers to before [one recites the] blessing
This refers to after [one recites the] blessing.