The gemara discusses a case in which one has a small water channel with a tree growing in the middle. Is it permitted to use a portion of the tree that is more than three tefachim from the bottom of the channel, but within three tefachim of the top? The gemara answers that this is dependant on the dispute between Rabbah and Rav Sheshes. Rashi explains that according to Rabbah on measures from the side and it is permitted, and according to Rav Sheshes one measures from the bottom and it is prohibited.
Why is it obvious that Rabbah measures from the top of the channel, and Rav Sheshes from the bottom. While I did not see anyone who discusses this issue, it seems to me that one can understand it from the gemara’s explanation of there opinions. Rabbah holds that “anything within three [tefachim] of the ground is like ground”. This seems to be the concept of lavud, that we ignore any gap of less than three tefachim. If so, the reason that trees can be used below three tefachim is because it is halachicly considered ground and not tree. If so, it is obvious that any place on the tree that is within three tefachim of the ground is permitted, even if the tree starts below present ground level. Rav Sheshes believes that the prohibition is to use a tree above three tefachim. He measures three tefachim up from the bottom of the tree, and everything above is prohibited. Therefore we do not care if there is ground around part of the tree, we measure from the start of the tree.
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