the gamara axplains that the machloket between rav and shmuel,if mekach batel is based on
hachim shechlku klkuchot dami ho kyorshim damy.
In our machloket the psak is chaluka batel, like rav.
but we also pasking that the brother are lkuchot.
So how can we axplain what seems like 2 apposing opinions.
Natan Libman, Teaneck, NJ
The Rosh writes that although we Pasken like Rav, we do not accept the position that the brothers are "Yorshim" for it is accepted l'Halachah that Ein Bereirah. Rather we make them like Lekuchos b'Achrayos, that one brother must reimburse the other.
He adds that the reason the Gemara uses the term "Batlah Machlokes" (although in actuality the distribution remains) is in order to teach the Halachah in the case of the third brother who came from abroad, where the Halachah is indeed "Batlah Machlokes."
D. Zupnik