POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Bava Basra 126
BAVA BASRA 126-128 - have been generously dedicated by Dick and Beverly
Horowitz of Los Angeles, California. May they be blessed with a life of joy
and much Nachas from their children and grandchildren.
1) WHEN A FIRSTBORN "SAVES" HIS EXTRA SHARE
(a) Version #1 - Rashbam - (Rav Huna): (Even though a
firstborn does not receive a double portion in
(posthumous) improvements that the brothers made to the
property), if he insisted 'Let us divide, I will improve
my own property' and they improved all the property, he
receives a double portion in the improvements.
2) WHEN DOES A FIRSTBORN RECEIVE HIS EXTRA SHARE?
(b) (Rabah): Presumably, this is if they harvested grapes or
olives, but not if they pressed them (this is a change,
they acquire them like thieves);
(c) (Rav Yosef): Even if they pressed them, the firstborn
gets a double portion in the improvements.
(d) Objection: The firstborn is not entitled to a double
portion of wine (since the brothers "stole" the grapes
and acquired them through "Shinuy")!
(e) [Version #2 - (R. Chananel cited by Rashbam) - (Rav
Huna): If the firstborn said 'I do not forfeit my extra
portion', he does not forfeit it (even if they divided
the property equally).]
(f) (Rabah): Presumably, this is if they harvested grapes or
olives, but not if they pressed them (his silence shows
that he pardoned his extra share).
(g) (Rav Yosef): Even if they pressed them, the firstborn
gets a double portion.
(h) Objection: If they changed from grapes to wine, surely he
pardoned his extra share! (End of Version #2)
(i) Answer: Rav Yosef meant, if the wine is worth less than
the grapes were worth, the firstborn receives the value
of a double portion of the grapes;
1. This is as Rav Ukva bar Chama said (elsewhere).
(j) Question: Where did he say this?
(k) Answer: Rav Yehudah taught, if a man left grapes or
olives to his two sons and they harvested them, the
firstborn gets a double portion, even if they pressed
(l) Objection: The firstborn is only entitled to a double
portion of grapes, not of wine!
(m) Answer: (Rav Ukva bar Chama): (Even) if the wine is worth
less than the grapes were worth, the firstborn receives
the value of a double portion of the grapes.
(a) (Rav Asi): If a firstborn took a portion like a regular
son, he pardoned his extra share.
(b) Question: What did he pardon?
(c) Answer #1 (Rav Papa citing Rava): He pardoned his extra
share in that field.
(d) Answer #2 (Rav Papi citing Rava): He pardoned his extra
share in all the property.
(e) (We are thinking that Rav Papa says that he only pardoned
his extra share in that field because he holds that the
firstborn does not own his extra share until they divide;
1. Rav Papi holds that a firstborn owns the extra even
before they divide - since he pardoned his extra
share in this field, he pardoned his extra share in
all the property.
(f) Rav Papa and Rav Papi did not explicitly hear Rava say
this, rather, each inferred so from the following
1. A firstborn sold his property and that of his
brothers. His brothers went to eat dates of the
property; the buyer hit them, their relatives
complained to Rava.
2. Rava: The sale is void.
3) STIPULATING ABOUT INHERITANCE
3. Rav Papi understood, the sale is void regarding the
brothers' property, but the sale of his own property
(g) (Chachamim of Eretz Yisrael): If a firstborn sold (his
extra share) before the property was divided, the sale is
4. Rav Papa understood, the entire sale is void.
1. They hold that the firstborn does not own his extra
share until they divide.
(h) The Halachah is, a firstborn owns his extra share even
before they divide.
(i) Mar Zutra of Darishba (a firstborn) divided a basket of
peppers equally with his brothers.
(j) (Rav Ashi): Since you pardoned your extra share in the
peppers, you pardoned your extra share in all the
(a) (Mishnah): 'Ploni my firstborn will not receive a double
portion', or 'Almoni my son will not inherit with his
brothers' - this does not take effect, for he stipulated
against the Torah.
4) WHO IS CONSIDERED A FIRSTBORN
(b) If (a dying person) stipulated how much each son should
receive, and gave some sons more than others, or gave the
firstborn as much as the others, this takes effect;
1. If he said this was their inheritance, it does not
(c) (Gemara) Suggestion: Our Mishnah is not like R. Yehudah,
he says that a stipulation against the Torah takes
2. If he wrote at the beginning, middle or end that it
is a gift, it takes effect.
1. (Beraisa - R. Meir): 'You are Mekudeshes to me on
condition that you have no claim against me for
food, clothing or regular marital relations' - she
is Mekudeshes, the stipulation is void;
(d) Rejection: Our Mishnah is even like R. Yehudah - there,
she accepted Kidushin with the stipulation, she pardoned
her rights; here, the son does not pardon his
2. R. Yehudah says, the stipulation takes effect in
monetary matters (food and clothing).
(e) (Rav Yosef): If (we do not know who is Reuven's
firstborn, and) he said 'My son Ploni is my firstborn',
Ploni receives a double portion;
1. If he said 'He is a firstborn', he does not receive
a double portion - perhaps he meant, he is a
firstborn to his mother.
(a) Shimon: I am sure that Levi is a firstborn. (There was
also a second witness.)
(b) Rabah bar bar Chanah: How do you know?
(c) Shimon: His father called him 'Foolish firstborn'.
(d) Rabah bar bar Chanah: A firstborn to the mother is also
called a foolish firstborn.
(e) Reuven: I am sure that Yehudah is a firstborn.
(f) R. Chanina: How do you know?
(g) Reuven: When people with eye-aches would come to his
father, the father would tell
them 'Go to my son Shichchas, he is a firstborn, his spit
will heal you'.
(h) Question: Perhaps he is a firstborn to his mother (but
not to his father)!
(i) Answer: If so, his spit would not heal.
(j) (R. Ami): If (the skin covering the genitals of) a
(firstborn) Tumtum was torn and he was found to be a
male, he does not receive a double portion - "V'Hayah
ha'Ben ha'Bechor la'Seniah", he must be (recognizably) a
son from his Havayah (birth).