Bava Basra 130b

בבא בתרא ק״ל ע״ב

Bava Batra 130b

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Topic

Why both halves of דברים 21:16 are needed, and when a ruling may be relied on in practice

Overview

This amud finishes the teaching of אבא חנן on the פסוק in דברים 21:16. ״והיה ביום הנחילו את בניו״ teaches that a father may choose which son inherits. ״לא יוכל לבכר״ teaches that he may not take away the בכור's double portion. Each half seems provable from the other by a קל וחומר, built on the fact that a פשוט inherits even ראוי while a בכור's double portion does not. The גמרא shows that each half is needed to block a wrong conclusion. The גמרא then rules that the הלכה follows רבי יוחנן בן ברוקה. רבי זריקא and רבי אבא differ over whether רבי stated this as a rule or ruled it in a real case, which depends on whether a stated הלכה or a מעשה רב is the stronger source. A ברייתא teaches that one may act only on an explicit הלכה למעשה, and that one may not compare cases. רב אשי limits that ban on comparing to טריפות. The amud ends with רבי יוחנן's instruction to his students and רבא's instructions on handling a ruling of his that seems flawed, during his life and after his death.

Opening lines

The steps (17)

1. QuestionWhy does the תורה need to say 'He may not make the firstborn'?
2. ResponseWithout that phrase, a קל וחומר would let the father take away the בכור's share
3. QuestionThen why is 'On the day he gives his sons their inheritance' needed?
4. ResponseWithout it, a reverse קל וחומר would forbid redirecting a פשוט's share
5. ResponseThe verse gives the father permission to choose his heirs
6. StatementThe הלכה follows רבי יוחנן בן ברוקה
7. Rejectionרבי אבא: רבי ruled this in a real case
8. QuestionWhat is their disagreement really about?
9. ResponseStated rule versus actual case
10. StatementYou may not learn practical הלכה without being told it is for practice
11. StatementAct on it, but do not stretch it to other cases
12. ChallengeHow can we be told not to compare cases?
13. ResolutionThe ban on comparing applies only to טריפות
14. ProofA ברייתא: no comparing between טריפות
15. Statementרבי יוחנן: don't act until I say it is for practice
16. Statementרבא's instructions about finding a flaw in his rulings
17. StatementWhy the ruling should not be torn up after his death