Study Bava Batra folio 126B with parallel Hebrew-English text, traditional commentary, and modern study tools. Free access to Babylonian Talmud online.
Text Excerpt
מר סבר: לא עשה כלום – בפלגא. ומר סבר: בכולהו.
Rav Pappi and Rav Pappa disagree with regard to Rava’s intention. One Sage, Rav Pappi, holds that he has done nothing with regard to his brother’s portion, as he had no right to sell it; with regard to his own additional portion, the sale was valid, as it was in his possession even before the division of the property. And one Sage, Rav Pappa, holds that he has done nothing with regard to all of the property, as he does not possess the additional portion before the property is divided between the brothers.
שלחו מתם: בכור שמכר קודם חלוקה – לא עשה כלום. אלמא אין לו לבכור קודם חלוקה. והלכתא: יש לבכור קודם חלוקה.
The Talmud notes that they sent a ruling from there, Eretz Yisrael: A firstborn who sold his additional portion before the division of the property has done nothing. Apparently, the rabbis of Eretz Yisrael hold that a firstborn does not have a right to his additional portion before the division. But the halakha is that a firstborn has a right to his additional portion before the division.
מר זוטרא מדרישבא פלג בצנא דפלפלי בהדי אחין, בשוה. אתא לקמיה דרב אשי, אמר ליה: הואיל ויתרתה במקצת – ויתרתה בכל הנכסים כולן.
The Talmud relates: Mar Zutra of the house of Rishba, who was a firstborn, divided a basket of peppers from the estate of his father with his brothers equally. He came before Rav Ashi to claim a double portion of the rest of the estate. Rav Ashi said to him: Since you relinquished your additional portion with regard to some of the estate, you have relinquished your additional portion with regard to all of the property, as a firstborn has a right to his additional portion before the division.
מתני׳ האומר: ״איש פלוני בני בכור לא יטול פי שנים״; ״איש פלוני בני לא יירש עם אחיו״ – לא אמר כלום, שהתנה על מה שכתוב בתורה.
Mishnah: In a case of one who says: So-and-so, my firstborn son, will not take a double portion of my estate; or one who says: So-and-so, my son, will not inherit my estate among his brothers, he has said nothing, as he has stipulated counter to that which is written in the Torah.