brought to you by Kollel Iyun Hadaf of Yerushalayim
& Revach l'Neshamah - http://www.revach.net
1. There is a dispute about whether a firstborn son receives a double portion of the increase in value of the estate.
2. Rebbi: A firstborn son receives a double portion of any documented debt that other people owed his father.
3. Rebbi: A firstborn son may waive his right to a double portion of the collection of a debt in order to avoid having to pay a double portion of debt owed by the father.
4. Rav Papa: The dispute about whether a firstborn son receives a double portion of the increase of value applies only in certain cases.
5. There is a dispute in the Gemara about whether one may follow Rebbi's opinion in the case of an increase in value.
A BIT MORE
1. This refers to an increase in the value of the estate that occurred naturally after the father's death (e.g., property value rose, the property grew special fruit, etc.). However, everyone agrees that if the heirs jointly invested in the estate after their father's death but before the division of the estate, the firstborn does not receive a double portion of the increase in value that is due to this work.
2. However, he also must pay a double share of any documented debt that his father owed to others.
3. In other words, if their father owed more documented debt than money owed to him in loan documents, the firstborn may decline to collect a double portion and thus he avoids being responsible for a double portion in any of the debts owed. Since the entitlement to receive a double portion is for his own good, he may waive this right if he believes that it is not to his benefit.
4. Rav Papa says that everyone agrees that if the increased value involves no change in an item (i.e., a tree just grows thicker and sturdier, but is still called a tree), the firstborn son receives a double portion in this increased value. The dispute involves a new crop of fruit that emerges only after the father's death, or any other new items that became present in the estate after the father died.
5. The dispute is based on whether the law follows Rebbi even when he argues with a majority (the Chachamim), or whether the law follows Rebbi only when he argues with a single Tana.
Next Daf Index to Revach for Maseches Bava Basra