1)IN WHAT DOES A FIRSTBORN RECEIVE A DOUBLE SHARE?

(a)The Beraisa is like Rebbi.

1.(Beraisa): A firstborn does not get a double share in Shevach after the father's death;

2.Rebbi says, he gets a double share in Shevach, but not in Shevach due to the orphans.

3.If they inherited a loan document, the firstborn collects an extra share. If a creditor showed a document showing that their father owed to him money, the firstborn pays a double share;

i.The firstborn may say 'I will not collect more than one share, nor pay more than one share.'

(b)Question: What is the reason for Chachamim?

(c)Answer: "Lases Lo Pi Shnayim" - the Torah calls it a gift.

1.Just like a gift takes effect only after it comes to the receiver, also the extra share of the firstborn.

(d)Rebbi expounds "Pi Shnayim" to equate the regular share and the additional share.

1.Just like he inherits a regular share even in property that the father did not own in his lifetime, also the additional share.

(e)Question: What do Chachamim learn from "Pi Shnayim"?

(f)Answer: This teaches that he receives both portions in adjacent plots.

(g)Question: What does Rebbi learn from the fact that the Torah calls the extra share a gift?

(h)Answer: This teaches that he has the option not to receive and not pay extra (to a creditor of the father).

(i)(Rav Papa): If a date tree got stronger, or land became fertilized, all agree that the firstborn gets a double share;

1.They argue about unripe Peros that ripened.

2.Rebbi considers them like Shevach that comes by itself. Chachamim consider them like something new.

2)WHAT IS THE HALACHAH?

(a)Opinion #1 (Rabah bar Chana): If one ruled like Rebbi, the ruling stands. If he ruled like Chachamim, the ruling stands.

124b----------------------------------------124b

1.He is unsure if the Halachah follows Rebbi against one colleague, but not against many colleagues;

2.Or, perhaps the Halachah follows Rebbi even against many colleagues.

(b)Opinion #2 (Rav Nachman citing Rav): One may not rule like Rebbi.

1.He holds that the Halachah follows Rebbi against one colleague, but not against many.

(c)Opinion #3 (Rav Nachman himself): One may rule like Rebbi.

1.He holds that (Tosfos - here) the Halachah follows Rebbi even against many colleagues.

(d)Opinion #4 (Rava): One may not rule like Rebbi. If one did, the ruling stands.

1.He holds that the general rule that (we follow Rebbi against one colleague but) we do not follow Rebbi against many colleagues is not absolute. The rule says only that we lean to rule like this.

2.(Rav Nachman - Beraisa): "B'Chol Asher Yimatzei Lo" excludes increased value due to the orphans after the father died.

3.If the property went up in value by itself, the firstborn gets an extra share of this.

4.This Beraisa is like Rebbi (in the Beraisa on 124a).

(e)(Rami bar Chama - Beraisa): "B'Chol Asher Yimatzei Lo" excludes if the property went up in value by itself, the firstborn gets no extra share;

1.All the more so, he has no extra share in increased value due to the orphans after the father died.

2.This Beraisa is like Chachamim.

3)DEBTS DUE TO THE FATHER

(a)(Rav Yehudah): A firstborn does not receive a double portion in a loan due to the father.

(b)Question: According to which Tana is this?

1.Suggestion: It is like Chachamim.

2.Rejection: They say that he does not get an extra share even in increased value of property that the father's owned. They need not teach that he has no extra share in a loan!

(c)Answer #1: It is like Rebbi.

(d)Objection (Beraisa): If they inherit a loan document, the firstborn receives a double portion in the principal and the interest.

1.If Rebbi admits that he has no extra share in a loan, this Beraisa is not like Rebbi, and not like Chachamim!

(e)Answer #2: Really, Rav Yehudah's law is like Chachamim.

1.It was not obvious that he has no extra share. One might have thought that a document is considered as if it was collected. Chachamim teach that this is not so.

(f)(Chachamim of Eretz Yisrael): (If they inherit a loan,) the firstborn receives a double portion in the principal, but not in the interest.

(g)Question: Like which Tana is this?

1.Suggestion: It is like Chachamim.

2.Rejection: They say that he has no extra share even in increased value of property in the father's possession. Surely he has no extra share in a loan!

(h)Answer #1: It is according to Rebbi.

(i)Objection: Rebbi holds that he receives an extra share in the interest!

1.(Beraisa - Rebbi): (If they inherit a loan,) the firstborn receives a double portion in the principal and the interest.

(j)Answer #2: Really, it is like Chachamim.

1.A loan is considered as if it were already collected.

(k)(Ameimar): (If they inherit a loan,) the firstborn receives a double portion in the principal, but not in the interest.

(l)(Ravina): This is the opinion of Chachamim of Neharde'a (which includes Ameimar and Rabah).

1.(Rabah): If they collected land for a debt due to their father, the firstborn gets a double share in this. If they collected money, he gets no extra share.

2.(Rav Nachman): If they collected land, the firstborn gets no extra share. If they collected money, he gets an extra share.

(m)Objection (Abaye): Both of these opinions are difficult!

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