Bava Basra 126a

בבא בתרא קכ״ו ע״א

Bava Batra 126a

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Topic

The בכור's double portion: improvements made after a protest, pressed fruit, and giving up the extra share

Overview

This amud first finishes an earlier list: if the בכור himself owed his father money, the extra share of that loan is split. Then רב הונא quotes רב אסי: a בכור who protested against his brothers improving the estate gets his double share of the improved value. רבה limits this to picking grapes or olives, while רב יוסף says it applies even after they were pressed into wine or oil. The גמרא asks how this can be, since grapes that became wine are a new item. It answers, using רב עוקבא בר חמא's explanation of a ruling of שמואל, that the brothers only pay the בכור for the loss to his grapes if the wine spoiled. Next, רב אסי rules that a בכור who took an equal share has given up his extra portion. רב פפא says he gave it up only in that field, because a בכור owns nothing extra before the division. רב פפי says he gave it up in the whole estate, because he does own it beforehand. The גמרא explains that both views were drawn from one ruling of רבא: a בכור who sold the undivided estate, including his late brother's share, has done nothing.

Opening lines

The steps (19)

1. StatementA loan the firstborn owed his father is split
2. StatementA firstborn's protest against improvements counts
3. Statementרבה limits רב אסי to simple harvesting
4. Statementרב יוסף: even pressed fruit is included
5. ChallengeChallenge: grapes became wine, a total change
6. Resolutionרב יוסף meant payment for damaged grapes
7. QuestionWhere was רב עוקבא בר חמא's rule said?
8. Responseשמואל's ruling on picked and pressed fruit
9. ChallengeGrapes have become wine
10. ResolutionPayment for the damage to his grapes
11. StatementA בכור who took an ordinary share gave up
12. QuestionWhat does 'given up' mean?
13. ResponseHe gave up only in that field
14. ResponseHe gave up in all the property
15. StatementWhy רב פפא limits it to that field
16. StatementWhy רב פפי says the waiver covers the whole estate
17. StatementThis מחלוקת was learned by inference
18. StatementThe story: the בכור sold the estate before dividing it
19. Statementרבא rules that the בכור's sale did nothing