I have not had time to go into this in detail but I wanted to mention a nice answer that Rav Shach gives for the Rambam in laws of selling. This question has some answer from R Akiva Eiger and a different one from R Haim Soloveitchik.
The question is one can not sell something that is not in one's domain even though he owns it. --That is if he can not get to it then he can not sell it. But in terms of the shemita [seventh] year the Rambam brings that people that had נטע רבעי a tree that had grown for only 4 years, left money in a private area and said "If the fruit of this tree is picked then its holiness is put onto this money." In that way, the people that picked it by accident would not be doing anything wrong by eating it -- since its holiness was transferred elsewhere.
Rav Shach answers for the Rambam that there is a difference between transferring ownership and causing holiness to settle on something.
The Rashba wanted to say something similar in the Gemara but somehow that idea Rav Shach noted does not fit well with the Gemara in Bava Metzia where the Rashba wanted to use this idea. But it very well might help for the Rambam. I however have not been able to investigate this issue very thoroughly yet.
The question is one can not sell something that is not in one's domain even though he owns it. --That is if he can not get to it then he can not sell it. But in terms of the shemita [seventh] year the Rambam brings that people that had נטע רבעי a tree that had grown for only 4 years, left money in a private area and said "If the fruit of this tree is picked then its holiness is put onto this money." In that way, the people that picked it by accident would not be doing anything wrong by eating it -- since its holiness was transferred elsewhere.
Rav Shach answers for the Rambam that there is a difference between transferring ownership and causing holiness to settle on something.
The Rashba wanted to say something similar in the Gemara but somehow that idea Rav Shach noted does not fit well with the Gemara in Bava Metzia where the Rashba wanted to use this idea. But it very well might help for the Rambam. I however have not been able to investigate this issue very thoroughly yet.
