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Bava Basra 124a

בבא בתרא קכ״ד ע״א

Bava Batra 124a

Learn Bava Basra 124a step by step: Aramaic beside English, every question, answer and proof colour-coded.

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Topic

Does the בכור get a double portion of growth in the estate that happened after the father died? The view of רבי versus the רבנן, and the רבנן's source from the word 'giving' (a gift).

Overview

The גמרא finishes explaining a ברייתא about a rented cow that grew after the father's death. Because the brothers spent nothing on it, the growth 'came by itself,' so the בכור takes a double portion. The גמרא says this ברייתא follows רבי, who gives the בכור double on growth that comes by itself but not on growth the orphans produce. The רבנן give no double portion on any growth after death. רבי's view also covers debts: the בכור takes double on money owed to the father and pays double on the father's debts, but he may give up both. Each side then brings its source from the same פסוק. The רבנן read 'לתת לו' as calling the double share a gift, which covers only what the father held. רבי reads 'פי שנים' as linking the extra share to a regular share. Each side explains what the other word teaches. רב פפא then shows that everyone agrees when the item only gets bigger, and that they argue only when it changes form. Finally, רבי חייא rules that a judge who follows either view has ruled validly.

Opening lines

אַף מוּחְכֶּרֶת וּמוּשְׂכֶּרֶת –

So too, a leased or rented one

שְׁבָחָא דְּמִמֵּילָא קָא אָתֵי,

the enhancement is coming by itself,

דְּלָא חָסְרִי בַּהּ מְזוֹנֵי.

since they did not lose its food costs.

מַנִּי –

Whose is it?

The steps (15)

  1. ResolutionThe rented cow's growth came by itself
  2. QuestionWhose view is the ברייתא?
  3. ResponseIt is רבי, who splits growth into two kinds
  4. StatementAn inherited loan document: the בכור takes double
  5. StatementA debt against the estate: the בכור pays double, unless he opts out
  6. QuestionWhat is the רבנן's reason?
  7. ResponseThe double portion is called a gift
  8. Responseרבי's source: the double share is compared to a regular share
  9. ChallengeWhat do the רבנן do with 'פי שנים'?
  10. ResolutionThe רבנן: 'פי שנים' means both shares sit side by side
  11. ChallengeWhat does רבי do with 'לתת לו'?
  12. Resolutionרבי: 'לתת לו' lets the בכור refuse
  13. Statementרב פפא: growth everyone agrees on
  14. Statementרב פפא: where they argue, when the item changes form
  15. StatementA judge may rule like either side