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Bava Batra 126

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Summary

Rav Asi ruled that a firstborn who protests, his protest is valid. There is a debate among the Rashbam and Rabbeinu Chananel, about what he is protesting. According to the Rashbam, he is protesting the brothers investing in the item before dividing the property, as he will not receive a double portion on the enhancements. Rabbeinu Chananel explains he is agreeing to receive an equal portion of this property/item but is not giving up on his rights to receive the double portion on other property/items. Rabba limits this statement to grapes that were picked but not if they were turned into wine. Why?

If a firstborn gives up his rights to a double portion when dividing a particular property, Rav Pappa and Rav Pappi debate (based on a situation where Rava gave a ruling about in a different case) whether Rava held that he gave up rights to the double portion of all the properties or only of that particular property? This debate is based on whether one holds that the firstborn receives rights to his double portion immediately upon the father’s death, even before the land is divided, or whether he receives rights to it only once the property is divided.

The Mishna differentiates between a father who says he will not bequeath the double portion to his firstborn and a father who says he will equally divide his portion. The first is not allowed as it goes against the Torah and the second is allowed because it is viewed as a gift. One can use the language of a gift to divide property differently than stated by the Torah.

What type of proof can be used to prove one is the firstborn to enable him to receive the double portion?

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Bava Batra 126

וּמִלְוָה שֶׁעִמּוֹ, פָּלְגִי.

And as for a loan that is with the firstborn, i.e., he had borrowed money from his father, then his father died, it is uncertain whether the payment should be considered property due to the father or property possessed by him. Therefore, the firstborn and his brothers divide the additional portion.

אָמַר רַב הוּנָא אָמַר רַב אַסִּי: בְּכוֹר שֶׁמִּיחָה – מִיחָה.

§ With regard to the halakha that the firstborn is not entitled to a double portion of the enhancement of the property resulting from the actions of the heirs, Rav Huna says that Rav Asi says: A firstborn who protested the efforts of enhancing the property before it is divided has protested, and if the brothers use resources from the estate to enhance it against his will, he is entitled to a double portion of the enhanced value.

אָמַר רַבָּה: מִסְתַּבֵּר טַעְמֵיהּ דְּרַב אַסִּי בַּעֲנָבִים – וּבְצָרוּם, זֵיתִים – וּמְסָקוּם; אֲבָל דְּרָכוּם – לָא. וְרַב יוֹסֵף אָמַר: אֲפִילּוּ דְּרָכוּם.

Rabba said: Rav Asi’s opinion is reasonable in a case where they inherited grapes on a grapevine and the brothers harvested them against the will of the firstborn, or if they inherited olives on olive trees and the brothers harvested them, as in these cases, the produce itself did not change. But if they treaded on them, converting them into wine or oil, even if the firstborn protested their doing so, he is not entitled to a double portion. And Rav Yosef said: Even if they treaded on them, the firstborn is entitled to a double portion.

דְּרָכוּם?! מֵעִיקָּרָא עִינְבֵי, הַשְׁתָּא חַמְרָא!

The Gemara asks: Why is he entitled to a double portion, according to Rav Yosef, even if they treaded on them? Since the brothers transformed the produce, as initially it was in the form of grapes and now it is wine, they have acquired it in the same manner that a thief acquires an item he stole. Therefore, the firstborn should have no share of the enhancement.

כִּדְאָמַר רַב עוּקְבָא בַּר חָמָא: לִיתֵּן לוֹ דְּמֵי הֶיזֵּק עֲנָבָיו; הָכָא נָמֵי – נוֹתֵן לוֹ דְּמֵי הֶיזֵּק עֲנָבָיו.

The Gemara answers: Rav Yosef did not mean that the firstborn is entitled to a double portion of the enhanced value of the wine. Rather, his intention was the same as that which Rav Ukva bar Ḥama says in a different context, that the ruling is referring to a case where the wine spoiled, its value decreasing to below the initial value of the grapes, in which case the brothers must give the firstborn payment for the damage to his additional portion of the grapes. Here, too, Rav Yosef meant that the brothers must give the firstborn payment for the damage to his grapes.

הֵיכָא אִיתְּמַר דְּרַב עוּקְבָא בַּר חָמָא? אַהָא – דְּאָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: בְּכוֹר וּפָשׁוּט שֶׁהִנִּיחַ לָהֶן אֲבִיהֶן עֲנָבִים, וּבְצָרוּם; זֵיתִים, וּמְסָקוּם – בְּכוֹר נוֹטֵל פִּי שְׁנַיִם, אֲפִילּוּ דְּרָכוּם. דְּרָכוּם?! מֵעִיקָּרָא עִינְבֵי, הַשְׁתָּא חַמְרָא! אָמַר מָר עוּקְבָא בַּר חָמָא: לִיתֵּן לוֹ דְּמֵי הֶיזֵּק עֲנָבָיו.

The Gemara explains: Where, i.e., in what context, was the statement of Rav Ukva bar Ḥama stated? It was in reference to that which Rav Yehuda says that Shmuel says: With regard to a firstborn and an ordinary son whose father left them grapes and they harvested them, or if he left them olives and they harvested them, the firstborn takes a double portion. This is the halakha even if they treaded on them. The Gemara asks: Why is he entitled to a double portion if they treaded on them; initially they were grapes, and now it is wine? Mar Ukva bar Ḥama says: Shmuel did not mean that he is entitled to a double portion of the wine; rather, the reference is to a case where the wine spoiled, its value decreasing to below the initial value of the grapes, in which case the ordinary brother must give the firstborn payment for the damage to his grapes.

אָמַר רַב אַסִּי: בְּכוֹר שֶׁנָּטַל חֵלֶק כְּפָשׁוּט – וִיתֵּר. מַאי ״וִיתֵּר״? רַב פָּפָּא מִשְּׁמֵיהּ דְּרָבָא אָמַר: וִיתֵּר בְּאוֹתָהּ שָׂדֶה. רַב פַּפִּי מִשְּׁמֵיהּ דְּרָבָא אָמַר: וִיתֵּר בְּכׇל הַנְּכָסִים כּוּלָּן.

§ Rav Asi says: A firstborn who took a portion of the property like that of an ordinary heir has relinquished his right to an additional portion. The Gemara asks: What does it mean that he has relinquished his additional portion? Rav Pappa says in the name of Rava that he has relinquished his additional portion only with regard to that field that was divided, since he did not exercise his right to an additional portion, but he has not relinquished his right to receive an additional portion of the rest of the estate. Rav Pappi says in the name of Rava that he has relinquished his additional portion with regard to all of the property.

רַב פָּפָּא מִשְּׁמֵיהּ דְּרָבָא אָמַר: וִיתֵּר בְּאוֹתָהּ שָׂדֶה – קָא סָבַר: אֵין לוֹ לַבְּכוֹר קוֹדֶם חֲלוּקָּה; וּמָה דַּאֲתָא לִידֵיהּ – אַחֵיל, אִידַּךְ לָא אַחֵיל.

The Gemara explains: Rav Pappa says in the name of Rava that he has relinquished his additional portion only with regard to that field that was divided, because he holds that a firstborn does not have a right to his additional portion before the division of the property. And therefore, he has waived his additional portion of what has already reached his possession, namely, the field that was divided, but he has not waived his portion of the other fields of the estate.

וְרַב פַּפֵּי מִשְּׁמֵיהּ דְּרָבָא אָמַר: וִיתֵּר בְּכׇל הַנְּכָסִים כּוּלָּן – קָא סָבַר: יֵשׁ לוֹ לִבְכוֹר קוֹדֶם חֲלוּקָּה; וּמִדְּאַחֵיל בְּהָא – אַחֵיל בְּכוּלְּהוּ.

And Rav Pappi says in the name of Rava that he has relinquished his additional portion with regard to all of the property, as he holds that a firstborn has a right to his additional portion before the division of the property. And therefore, since he waived his additional portion in this field, he has waived his portion of all of the property.

וְהָא דְּרַב פַּפֵּי וְרַב פָּפָּא – לָאו בְּפֵירוּשׁ אִיתְּמַר, אֶלָּא מִכְּלָלָא אִיתְּמַר – דְּהָהוּא בְּכוֹר דַּאֲזַל זַבֵּין נִכְסֵי דִּידֵיהּ וּדְפָשׁוּט. אֲזוּל יַתְמֵי בְּנֵי פָּשׁוּט לְמֵיכַל תַּמְרֵי מֵהָנְהוּ לָקוֹחוֹת, מְחוֹנְהוּ. אָמְרִי לְהוּ קְרוֹבִים: לָא מִיסָּתְיָיא דִּזְבַנְתִּינְהוּ לְנִכְסַיְיהוּ, אֶלָּא מִימְחֵא נָמֵי מָחִיתוּ לְהוּ? אֲתוֹ לְקַמֵּיהּ דְּרָבָא, אֲמַר לְהוּ: לֹא עָשָׂה וְלֹא כְלוּם.

The Gemara notes: And this dispute of Rav Pappi and Rav Pappa was not stated explicitly; rather, it was stated by inference. As there was a certain firstborn who went and sold his property and the property of his deceased ordinary brother, i.e., their respective portions of their father’s property, before the property was divided. The orphan sons of the ordinary brother went to eat dates from the field that was now in the possession of those purchasers, due to their father’s share in the field. The purchasers hit them, as though they were thieves. The relatives of the orphans said to the purchasers: Not only did you purchase their property illegally, but you now hit them as well? They came before Rava, who said to them: The firstborn has done nothing. His sale was not valid.

מָר סָבַר: לֹא עָשָׂה כְּלוּם – בְּפַלְגָא. וּמָר סָבַר: בְּכוּלְּהוּ.

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.

שְׁלַחוּ מִתָּם: בְּכוֹר שֶׁמָּכַר קוֹדֶם חֲלוּקָּה – לֹא עָשָׂה כְּלוּם. אַלְמָא אֵין לוֹ לַבְּכוֹר קוֹדֶם חֲלוּקָּה. וְהִלְכְתָא: יֵשׁ לַבְּכוֹר קוֹדֶם חֲלוּקָּה.

The Gemara 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 Sages 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.

מָר זוּטְרָא מִדְּרִישְׁבָּא פְּלַג בְּצַנָּא דְפִלְפְּלֵי בַּהֲדֵי אַחִין, בְּשָׁוֶה. אֲתָא לְקַמֵּיהּ דְּרַב אָשֵׁי, אֲמַר לֵיהּ: הוֹאִיל וִיתַּרְתָּה בְּמִקְצָת – וִיתַּרְתָּה בְּכׇל הַנְּכָסִים כּוּלָּן.

The Gemara 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.

מַתְנִי׳ הָאוֹמֵר: ״אִישׁ פְּלוֹנִי בְּנִי בְּכוֹר לֹא יִטּוֹל פִּי שְׁנַיִם״; ״אִישׁ פְּלוֹנִי בְּנִי לֹא יִירַשׁ עִם אֶחָיו״ – לֹא אָמַר כְּלוּם, שֶׁהִתְנָה עַל מַה שֶּׁכָּתוּב בַּתּוֹרָה.

MISHNA: 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.

הַמְחַלֵּק נְכָסָיו עַל פִּיו; רִיבָּה לְאֶחָד וּמִיעֵט לְאֶחָד, וְהִשְׁוָה לָהֶן אֶת הַבְּכוֹר – דְּבָרָיו קַיָּימִין. וְאִם אָמַר מִשּׁוּם יְרוּשָּׁה – לֹא אָמַר כְּלוּם. כָּתַב בֵּין בַּתְּחִלָּה בֵּין בָּאֶמְצַע בֵּין בַּסּוֹף – מִשּׁוּם מַתָּנָה, דְּבָרָיו קַיָּימִין.

With regard to one on his deathbed who apportions his property orally, granting it to his sons as a gift, and he increased the portion given to one of his sons and reduced the portion given to one son, or equated the portion of the firstborn to the portions of the other sons, his statement stands. But if he said that they will receive the property not as a gift but as inheritance, he has said nothing. If he wrote in his will, whether at the beginning, or in the middle, or at the end, that he is granting them the property as a gift, his statement stands.

גְּמָ׳ לֵימָא מַתְנִיתִין דְּלָא כְּרַבִּי יְהוּדָה? דְּאִי רַבִּי יְהוּדָה, הָאָמַר: בְּדָבָר שֶׁל מָמוֹן תְּנָאוֹ קַיָּים!

GEMARA: The Gemara suggests: Let us say that the mishna is not in accordance with the opinion of Rabbi Yehuda, as if it is in accordance with the opinion of Rabbi Yehuda, doesn’t he say elsewhere that if one stipulates counter to that which is written in the Torah with regard to monetary matters, his stipulation stands?

דְּתַנְיָא, הָאוֹמֵר לְאִשָּׁה: ״הֲרֵי אַתְּ מְקוּדֶּשֶׁת לִי, עַל מְנָת שֶׁאֵין לִיךְ עָלַי שְׁאֵר כְּסוּת וְעוֹנָה״ – הֲרֵי זוֹ מְקוּדֶּשֶׁת, וּתְנָאוֹ בָּטֵל; דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר: בְּדָבָר שֶׁל מָמוֹן – תְּנָאוֹ קַיָּים!

As it is taught in a baraita (Tosefta, Kiddushin 3:7): If one says to a woman: You are hereby betrothed to me on the condition that you have no ability to claim from me food, clothing, and conjugal rights, she is betrothed and his stipulation is void; this is the statement of Rabbi Meir. Rabbi Yehuda says: With regard to monetary matters, such as food and clothing, his stipulation stands, despite being counter to that which is written in the Torah. According to the opinion of Rabbi Yehuda, one should be able to stipulate that his firstborn son not receive a double portion, or that one of his sons not inherit from him at all, as inheritance is a monetary matter.

אֲפִילּוּ תֵּימָא רַבִּי יְהוּדָה: הָתָם יָדְעָה וְקָא מָחֲלָה, הָכָא לָא קָא מָחֵיל.

The Gemara rejects this suggestion: Even if you say that the mishna is in accordance with the opinion of Rabbi Yehuda, there, the woman knew of his stipulation and waived her rights. Therefore, the stipulation stands. Here, the son whose portion was reduced did not waive his portion. Therefore the stipulation is not valid.

אָמַר רַב יוֹסֵף, אָמַר: ״אִישׁ פְּלוֹנִי בְּנִי, בְּכוֹרִי הוּא״ – נוֹטֵל פִּי שְׁנַיִם. ״אִישׁ פְּלוֹנִי בְּכוֹר הוּא״ – אֵינוֹ נוֹטֵל פִּי שְׁנַיִם, דִּלְמָא בּוּכְרָא דְאִמָּא קָאָמַר.

§ Rav Yosef says that if a man says: So-and-so is my firstborn son, the son takes a double portion of his inheritance based on this testimony. If he says: So-and-so is a firstborn, the son does not take a double portion, as perhaps the man was saying that the son is his mother’s firstborn but not his own firstborn.

הָהוּא דַּאֲתָא לְקַמֵּיהּ דְּרַבָּה בַּר בַּר חָנָה, אֲמַר לֵיהּ: מוּחְזְקַנִי בָּזֶה שֶׁהוּא בְּכוֹר. אֲמַר לֵיהּ: מְנָא יָדְעַתְּ? דַּהֲוָה קָרֵי לֵיהּ אֲבוּהּ ״בּוּכְרָא סַכְלָא״. דִּלְמָא בּוּכְרָא דְאִמָּא הוּא, דְּכׇל בּוּכְרָא דְאִמָּא נָמֵי ״בּוּכְרָא סַכְלָא״ קָארוּ לֵיהּ.

The Gemara relates: There was a certain man who came before Rabba bar bar Ḥana and said to him: I know that this man is a firstborn. Rabba bar bar Ḥana said to him: From where do you know? He answered: Because his father would call him a foolish firstborn. Rabba bar bar Ḥana replied: Perhaps he is his mother’s firstborn, as any firstborn of a mother is also called a foolish firstborn.

הָהוּא דַּאֲתָא לְקַמֵּיהּ דְּרַבִּי חֲנִינָא, אֲמַר לֵיהּ: מוּחְזְקַנִי בָּזֶה שֶׁהוּא בְּכוֹר. אֲמַר לֵיהּ: מְנָא יָדְעַתְּ? אֲמַר לֵיהּ: דְּכִי הֲווֹ אָתוּ לְגַבֵּי אֲבוּהּ, אֲמַר לְהוּ: זִילוּ לְגַבֵּי שִׁכְחַת בְּרִי, דְּבוּכְרָא הוּא וּמַסֵּי רוּקֵּיהּ.

The Gemara relates: There was a certain man who came before Rabbi Ḥanina and said to him: I know that this man is a firstborn. Rabbi Ḥanina said to him: From where do you know? He said to Rabbi Ḥanina: Because when people would come before his father to obtain a cure for their ailing eyes, he would say to them: Go to my son Shikhḥat, as he is a firstborn and his saliva heals this ailment.

וְדִלְמָא בּוּכְרָא דְאִמָּא הוּא! גְּמִירִי: בּוּכְרָא דְאַבָּא – מַסֵּי רוּקֵּיהּ, בּוּכְרָא דְאִמָּא – לָא מַסֵּי רוּקֵּיהּ.

The Gemara asks: But perhaps he is his mother’s firstborn? The Gemara answers: It is learned as a tradition that the saliva of a father’s firstborn heals this ailment but the saliva of a mother’s firstborn does not heal this ailment.

אָמַר רַבִּי אַמֵּי: טוּמְטוּם שֶׁנִּקְרַע וְנִמְצָא זָכָר, אֵינוֹ נוֹטֵל פִּי שְׁנַיִם; דְּאָמַר קְרָא: ״וְהָיָה הַבֵּן הַבְּכוֹר לַשְּׂנִיאָה״ – עַד שֶׁיְּהֵא בֵּן מִשְּׁעַת הֲוָיָה.

§ Rabbi Ami says: In the case of one whose sexual organs are indeterminate [tumtum] and whose skin became perforated so that his genitals were exposed and he was found to be a male, he does not take a double portion of his father’s estate. As the verse states: “And if the firstborn son was [vehaya] hers that was hated” (Deuteronomy 21:15), which is interpreted to mean that he is not considered a firstborn unless he is recognized as a son, i.e., male, from the moment of his coming into being [havaya], i.e., his birth.

רַב נַחְמָן בַּר יִצְחָק אָמַר: אַף אֵינוֹ נִידּוֹן כְּבֵן סוֹרֵר וּמוֹרֶה, דְּאָמַר קְרָא: ״כִּי יִהְיֶה לְאִישׁ בֵּן סוֹרֵר וּמוֹרֶה״ – עַד שֶׁיְּהֵא בֵּן מִשְּׁעַת הֲוָיָה.

Rav Naḥman bar Yitzḥak says: A tumtum who was found to be male is also not judged as a stubborn and rebellious son, as the verse states: “If there will be [yihyeh] to a man a stubborn and rebellious son” (Deuteronomy 21:18), which is interpreted to mean that one is not judged in this manner unless he is recognized as a son from the moment of his coming into being.

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When I began learning Daf Yomi at the beginning of the current cycle, I was preparing for an upcoming surgery and thought that learning the Daf would be something positive I could do each day during my recovery, even if I accomplished nothing else. I had no idea what a lifeline learning the Daf would turn out to be in so many ways.

Laura Shechter
Laura Shechter

Lexington, MA, United States

I never thought I’d be able to do Daf Yomi till I saw the video of Hadran’s Siyum HaShas. Now, 2 years later, I’m about to participate in Siyum Seder Mo’ed with my Hadran community. It has been an incredible privilege to learn with Rabbanit Michelle and to get to know so many caring, talented and knowledgeable women. I look forward with great anticipation and excitement to learning Seder Nashim.

Caroline-Ben-Ari-Tapestry
Caroline Ben-Ari

Karmiel, Israel

Inspired by Hadran’s first Siyum ha Shas L’Nashim two years ago, I began daf yomi right after for the next cycle. As to this extraordinary journey together with Hadran..as TS Eliot wrote “We must not cease from exploration and the end of all our exploring will be to arrive where we began and to know the place for the first time.

Susan Handelman
Susan Handelman

Jerusalem, Israel

I started learning Dec 2019 after reading “If all the Seas Were Ink”. I found
Daily daf sessions of Rabbanit Michelle in her house teaching, I then heard about the siyum and a new cycle starting wow I am in! Afternoon here in Sydney, my family and friends know this is my sacred time to hide away to live zoom and learn. Often it’s hard to absorb and relate then a gem shines touching my heart.

Dianne Kuchar
Dianne Kuchar

Dover Heights, Australia

I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.

Gila Loike
Gila Loike

Ashdod, Israel

3 years ago, I joined Rabbanit Michelle to organize the unprecedented Siyum HaShas event in Jerusalem for thousands of women. The whole experience was so inspiring that I decided then to start learning the daf and see how I would go…. and I’m still at it. I often listen to the Daf on my bike in mornings, surrounded by both the external & the internal beauty of Eretz Yisrael & Am Yisrael!

Lisa Kolodny
Lisa Kolodny

Raanana, Israel

I began to learn this cycle of Daf Yomi after my husband passed away 2 1/2 years ago. It seemed a good way to connect to him. Even though I don’t know whether he would have encouraged women learning Gemara, it would have opened wonderful conversations. It also gives me more depth for understanding my frum children and grandchildren. Thank you Hadran and Rabbanit Michelle Farber!!

Harriet Hartman
Harriet Hartman

Tzur Hadassah, Israel

I started learning at the beginning of the cycle after a friend persuaded me that it would be right up my alley. I was lucky enough to learn at Rabbanit Michelle’s house before it started on zoom and it was quickly part of my daily routine. I find it so important to see for myself where halachot were derived, where stories were told and to get more insight into how the Rabbis interacted.

Deborah Dickson
Deborah Dickson

Ra’anana, Israel

My family recently made Aliyah, because we believe the next chapter in the story of the Jewish people is being written here, and we want to be a part of it. Daf Yomi, on the other hand, connects me BACK, to those who wrote earlier chapters thousands of years ago. So, I feel like I’m living in the middle of this epic story. I’m learning how it all began, and looking ahead to see where it goes!
Tina Lamm
Tina Lamm

Jerusalem, Israel

My Daf journey began in August 2012 after participating in the Siyum Hashas where I was blessed as an “enabler” of others.  Galvanized into my own learning I recited the Hadran on Shas in January 2020 with Rabbanit Michelle. That Siyum was a highlight in my life.  Now, on round two, Daf has become my spiritual anchor to which I attribute manifold blessings.

Rina Goldberg
Rina Goldberg

Englewood NJ, United States

A few years back, after reading Ilana Kurshan’s book, “If All The Seas Were Ink,” I began pondering the crazy, outlandish idea of beginning the Daf Yomi cycle. Beginning in December, 2019, a month before the previous cycle ended, I “auditioned” 30 different podcasts in 30 days, and ultimately chose to take the plunge with Hadran and Rabbanit Michelle. Such joy!

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Cindy Dolgin

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I attended the Siyum so that I could tell my granddaughter that I had been there. Then I decided to listen on Spotify and after the siyum of Brachot, Covid and zoom began. It gave structure to my day. I learn with people from all over the world who are now my friends – yet most of us have never met. I can’t imagine life without it. Thank you Rabbanit Michelle.

Emma Rinberg
Emma Rinberg

Raanana, Israel

I began my journey with Rabbanit Michelle more than five years ago. My friend came up with a great idea for about 15 of us to learn the daf and one of us would summarize weekly what we learned.
It was fun but after 2-3 months people began to leave. I have continued. Since the cycle began Again I have joined the Teaneck women.. I find it most rewarding in so many ways. Thank you

Dena Heller
Dena Heller

New Jersey, United States

When I began the previous cycle, I promised myself that if I stuck with it, I would reward myself with a trip to Israel. Little did I know that the trip would involve attending the first ever women’s siyum and being inspired by so many learners. I am now over 2 years into my second cycle and being part of this large, diverse, fascinating learning family has enhanced my learning exponentially.

Shira Krebs
Shira Krebs

Minnesota, United States

My first Talmud class experience was a weekly group in 1971 studying Taanit. In 2007 I resumed Talmud study with a weekly group I continue learning with. January 2020, I was inspired to try learning Daf Yomi. A friend introduced me to Daf Yomi for Women and Rabbanit Michelle Farber, I have kept with this program and look forward, G- willing, to complete the entire Shas with Hadran.
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Lorri Lewis

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I started with Ze Kollel in Berlin, directed by Jeremy Borowitz for Hillel Deutschland. We read Masechet Megillah chapter 4 and each participant wrote his commentary on a Sugia that particularly impressed him. I wrote six poems about different Sugiot! Fascinated by the discussions on Talmud I continued to learn with Rabanit Michelle Farber and am currently taking part in the Tikun Olam course.
Yael Merlini
Yael Merlini

Berlin, Germany

תמיד רציתי. למדתי גמרא בבית ספר בטורונטו קנדה. עליתי ארצה ולמדתי שזה לא מקובל. הופתעתי.
יצאתי לגימלאות לפני שנתיים וזה מאפשר את המחוייבות לדף יומי.
עבורי ההתמדה בלימוד מעגן אותי בקשר שלי ליהדות. אני תמיד מחפשת ותמיד. מוצאת מקור לקשר. ללימוד חדש ומחדש. קשר עם נשים לומדות מעמיק את החוויה ומשמעותית מאוד.

Vitti Kones
Vitti Kones

מיתר, ישראל

I’ve been studying Talmud since the ’90s, and decided to take on Daf Yomi two years ago. I wanted to attempt the challenge of a day-to-day, very Jewish activity. Some days are so interesting and some days are so boring. But I’m still here.
Wendy Rozov
Wendy Rozov

Phoenix, AZ, United States

I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.

Naomi Niederhoffer
Naomi Niederhoffer

Toronto, Canada

Michelle has been an inspiration for years, but I only really started this cycle after the moving and uplifting siyum in Jerusalem. It’s been an wonderful to learn and relearn the tenets of our religion and to understand how the extraordinary efforts of a band of people to preserve Judaism after the fall of the beit hamikdash is still bearing fruits today. I’m proud to be part of the chain!

Judith Weil
Judith Weil

Raanana, Israel

Bava Batra 126

וּמִלְוָה שֶׁעִמּוֹ, פָּלְגִי.

And as for a loan that is with the firstborn, i.e., he had borrowed money from his father, then his father died, it is uncertain whether the payment should be considered property due to the father or property possessed by him. Therefore, the firstborn and his brothers divide the additional portion.

אָמַר רַב הוּנָא אָמַר רַב אַסִּי: בְּכוֹר שֶׁמִּיחָה – מִיחָה.

§ With regard to the halakha that the firstborn is not entitled to a double portion of the enhancement of the property resulting from the actions of the heirs, Rav Huna says that Rav Asi says: A firstborn who protested the efforts of enhancing the property before it is divided has protested, and if the brothers use resources from the estate to enhance it against his will, he is entitled to a double portion of the enhanced value.

אָמַר רַבָּה: מִסְתַּבֵּר טַעְמֵיהּ דְּרַב אַסִּי בַּעֲנָבִים – וּבְצָרוּם, זֵיתִים – וּמְסָקוּם; אֲבָל דְּרָכוּם – לָא. וְרַב יוֹסֵף אָמַר: אֲפִילּוּ דְּרָכוּם.

Rabba said: Rav Asi’s opinion is reasonable in a case where they inherited grapes on a grapevine and the brothers harvested them against the will of the firstborn, or if they inherited olives on olive trees and the brothers harvested them, as in these cases, the produce itself did not change. But if they treaded on them, converting them into wine or oil, even if the firstborn protested their doing so, he is not entitled to a double portion. And Rav Yosef said: Even if they treaded on them, the firstborn is entitled to a double portion.

דְּרָכוּם?! מֵעִיקָּרָא עִינְבֵי, הַשְׁתָּא חַמְרָא!

The Gemara asks: Why is he entitled to a double portion, according to Rav Yosef, even if they treaded on them? Since the brothers transformed the produce, as initially it was in the form of grapes and now it is wine, they have acquired it in the same manner that a thief acquires an item he stole. Therefore, the firstborn should have no share of the enhancement.

כִּדְאָמַר רַב עוּקְבָא בַּר חָמָא: לִיתֵּן לוֹ דְּמֵי הֶיזֵּק עֲנָבָיו; הָכָא נָמֵי – נוֹתֵן לוֹ דְּמֵי הֶיזֵּק עֲנָבָיו.

The Gemara answers: Rav Yosef did not mean that the firstborn is entitled to a double portion of the enhanced value of the wine. Rather, his intention was the same as that which Rav Ukva bar Ḥama says in a different context, that the ruling is referring to a case where the wine spoiled, its value decreasing to below the initial value of the grapes, in which case the brothers must give the firstborn payment for the damage to his additional portion of the grapes. Here, too, Rav Yosef meant that the brothers must give the firstborn payment for the damage to his grapes.

הֵיכָא אִיתְּמַר דְּרַב עוּקְבָא בַּר חָמָא? אַהָא – דְּאָמַר רַב יְהוּדָה אָמַר שְׁמוּאֵל: בְּכוֹר וּפָשׁוּט שֶׁהִנִּיחַ לָהֶן אֲבִיהֶן עֲנָבִים, וּבְצָרוּם; זֵיתִים, וּמְסָקוּם – בְּכוֹר נוֹטֵל פִּי שְׁנַיִם, אֲפִילּוּ דְּרָכוּם. דְּרָכוּם?! מֵעִיקָּרָא עִינְבֵי, הַשְׁתָּא חַמְרָא! אָמַר מָר עוּקְבָא בַּר חָמָא: לִיתֵּן לוֹ דְּמֵי הֶיזֵּק עֲנָבָיו.

The Gemara explains: Where, i.e., in what context, was the statement of Rav Ukva bar Ḥama stated? It was in reference to that which Rav Yehuda says that Shmuel says: With regard to a firstborn and an ordinary son whose father left them grapes and they harvested them, or if he left them olives and they harvested them, the firstborn takes a double portion. This is the halakha even if they treaded on them. The Gemara asks: Why is he entitled to a double portion if they treaded on them; initially they were grapes, and now it is wine? Mar Ukva bar Ḥama says: Shmuel did not mean that he is entitled to a double portion of the wine; rather, the reference is to a case where the wine spoiled, its value decreasing to below the initial value of the grapes, in which case the ordinary brother must give the firstborn payment for the damage to his grapes.

אָמַר רַב אַסִּי: בְּכוֹר שֶׁנָּטַל חֵלֶק כְּפָשׁוּט – וִיתֵּר. מַאי ״וִיתֵּר״? רַב פָּפָּא מִשְּׁמֵיהּ דְּרָבָא אָמַר: וִיתֵּר בְּאוֹתָהּ שָׂדֶה. רַב פַּפִּי מִשְּׁמֵיהּ דְּרָבָא אָמַר: וִיתֵּר בְּכׇל הַנְּכָסִים כּוּלָּן.

§ Rav Asi says: A firstborn who took a portion of the property like that of an ordinary heir has relinquished his right to an additional portion. The Gemara asks: What does it mean that he has relinquished his additional portion? Rav Pappa says in the name of Rava that he has relinquished his additional portion only with regard to that field that was divided, since he did not exercise his right to an additional portion, but he has not relinquished his right to receive an additional portion of the rest of the estate. Rav Pappi says in the name of Rava that he has relinquished his additional portion with regard to all of the property.

רַב פָּפָּא מִשְּׁמֵיהּ דְּרָבָא אָמַר: וִיתֵּר בְּאוֹתָהּ שָׂדֶה – קָא סָבַר: אֵין לוֹ לַבְּכוֹר קוֹדֶם חֲלוּקָּה; וּמָה דַּאֲתָא לִידֵיהּ – אַחֵיל, אִידַּךְ לָא אַחֵיל.

The Gemara explains: Rav Pappa says in the name of Rava that he has relinquished his additional portion only with regard to that field that was divided, because he holds that a firstborn does not have a right to his additional portion before the division of the property. And therefore, he has waived his additional portion of what has already reached his possession, namely, the field that was divided, but he has not waived his portion of the other fields of the estate.

וְרַב פַּפֵּי מִשְּׁמֵיהּ דְּרָבָא אָמַר: וִיתֵּר בְּכׇל הַנְּכָסִים כּוּלָּן – קָא סָבַר: יֵשׁ לוֹ לִבְכוֹר קוֹדֶם חֲלוּקָּה; וּמִדְּאַחֵיל בְּהָא – אַחֵיל בְּכוּלְּהוּ.

And Rav Pappi says in the name of Rava that he has relinquished his additional portion with regard to all of the property, as he holds that a firstborn has a right to his additional portion before the division of the property. And therefore, since he waived his additional portion in this field, he has waived his portion of all of the property.

וְהָא דְּרַב פַּפֵּי וְרַב פָּפָּא – לָאו בְּפֵירוּשׁ אִיתְּמַר, אֶלָּא מִכְּלָלָא אִיתְּמַר – דְּהָהוּא בְּכוֹר דַּאֲזַל זַבֵּין נִכְסֵי דִּידֵיהּ וּדְפָשׁוּט. אֲזוּל יַתְמֵי בְּנֵי פָּשׁוּט לְמֵיכַל תַּמְרֵי מֵהָנְהוּ לָקוֹחוֹת, מְחוֹנְהוּ. אָמְרִי לְהוּ קְרוֹבִים: לָא מִיסָּתְיָיא דִּזְבַנְתִּינְהוּ לְנִכְסַיְיהוּ, אֶלָּא מִימְחֵא נָמֵי מָחִיתוּ לְהוּ? אֲתוֹ לְקַמֵּיהּ דְּרָבָא, אֲמַר לְהוּ: לֹא עָשָׂה וְלֹא כְלוּם.

The Gemara notes: And this dispute of Rav Pappi and Rav Pappa was not stated explicitly; rather, it was stated by inference. As there was a certain firstborn who went and sold his property and the property of his deceased ordinary brother, i.e., their respective portions of their father’s property, before the property was divided. The orphan sons of the ordinary brother went to eat dates from the field that was now in the possession of those purchasers, due to their father’s share in the field. The purchasers hit them, as though they were thieves. The relatives of the orphans said to the purchasers: Not only did you purchase their property illegally, but you now hit them as well? They came before Rava, who said to them: The firstborn has done nothing. His sale was not valid.

מָר סָבַר: לֹא עָשָׂה כְּלוּם – בְּפַלְגָא. וּמָר סָבַר: בְּכוּלְּהוּ.

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.

שְׁלַחוּ מִתָּם: בְּכוֹר שֶׁמָּכַר קוֹדֶם חֲלוּקָּה – לֹא עָשָׂה כְּלוּם. אַלְמָא אֵין לוֹ לַבְּכוֹר קוֹדֶם חֲלוּקָּה. וְהִלְכְתָא: יֵשׁ לַבְּכוֹר קוֹדֶם חֲלוּקָּה.

The Gemara 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 Sages 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.

מָר זוּטְרָא מִדְּרִישְׁבָּא פְּלַג בְּצַנָּא דְפִלְפְּלֵי בַּהֲדֵי אַחִין, בְּשָׁוֶה. אֲתָא לְקַמֵּיהּ דְּרַב אָשֵׁי, אֲמַר לֵיהּ: הוֹאִיל וִיתַּרְתָּה בְּמִקְצָת – וִיתַּרְתָּה בְּכׇל הַנְּכָסִים כּוּלָּן.

The Gemara 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.

מַתְנִי׳ הָאוֹמֵר: ״אִישׁ פְּלוֹנִי בְּנִי בְּכוֹר לֹא יִטּוֹל פִּי שְׁנַיִם״; ״אִישׁ פְּלוֹנִי בְּנִי לֹא יִירַשׁ עִם אֶחָיו״ – לֹא אָמַר כְּלוּם, שֶׁהִתְנָה עַל מַה שֶּׁכָּתוּב בַּתּוֹרָה.

MISHNA: 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.

הַמְחַלֵּק נְכָסָיו עַל פִּיו; רִיבָּה לְאֶחָד וּמִיעֵט לְאֶחָד, וְהִשְׁוָה לָהֶן אֶת הַבְּכוֹר – דְּבָרָיו קַיָּימִין. וְאִם אָמַר מִשּׁוּם יְרוּשָּׁה – לֹא אָמַר כְּלוּם. כָּתַב בֵּין בַּתְּחִלָּה בֵּין בָּאֶמְצַע בֵּין בַּסּוֹף – מִשּׁוּם מַתָּנָה, דְּבָרָיו קַיָּימִין.

With regard to one on his deathbed who apportions his property orally, granting it to his sons as a gift, and he increased the portion given to one of his sons and reduced the portion given to one son, or equated the portion of the firstborn to the portions of the other sons, his statement stands. But if he said that they will receive the property not as a gift but as inheritance, he has said nothing. If he wrote in his will, whether at the beginning, or in the middle, or at the end, that he is granting them the property as a gift, his statement stands.

גְּמָ׳ לֵימָא מַתְנִיתִין דְּלָא כְּרַבִּי יְהוּדָה? דְּאִי רַבִּי יְהוּדָה, הָאָמַר: בְּדָבָר שֶׁל מָמוֹן תְּנָאוֹ קַיָּים!

GEMARA: The Gemara suggests: Let us say that the mishna is not in accordance with the opinion of Rabbi Yehuda, as if it is in accordance with the opinion of Rabbi Yehuda, doesn’t he say elsewhere that if one stipulates counter to that which is written in the Torah with regard to monetary matters, his stipulation stands?

דְּתַנְיָא, הָאוֹמֵר לְאִשָּׁה: ״הֲרֵי אַתְּ מְקוּדֶּשֶׁת לִי, עַל מְנָת שֶׁאֵין לִיךְ עָלַי שְׁאֵר כְּסוּת וְעוֹנָה״ – הֲרֵי זוֹ מְקוּדֶּשֶׁת, וּתְנָאוֹ בָּטֵל; דִּבְרֵי רַבִּי מֵאִיר. רַבִּי יְהוּדָה אוֹמֵר: בְּדָבָר שֶׁל מָמוֹן – תְּנָאוֹ קַיָּים!

As it is taught in a baraita (Tosefta, Kiddushin 3:7): If one says to a woman: You are hereby betrothed to me on the condition that you have no ability to claim from me food, clothing, and conjugal rights, she is betrothed and his stipulation is void; this is the statement of Rabbi Meir. Rabbi Yehuda says: With regard to monetary matters, such as food and clothing, his stipulation stands, despite being counter to that which is written in the Torah. According to the opinion of Rabbi Yehuda, one should be able to stipulate that his firstborn son not receive a double portion, or that one of his sons not inherit from him at all, as inheritance is a monetary matter.

אֲפִילּוּ תֵּימָא רַבִּי יְהוּדָה: הָתָם יָדְעָה וְקָא מָחֲלָה, הָכָא לָא קָא מָחֵיל.

The Gemara rejects this suggestion: Even if you say that the mishna is in accordance with the opinion of Rabbi Yehuda, there, the woman knew of his stipulation and waived her rights. Therefore, the stipulation stands. Here, the son whose portion was reduced did not waive his portion. Therefore the stipulation is not valid.

אָמַר רַב יוֹסֵף, אָמַר: ״אִישׁ פְּלוֹנִי בְּנִי, בְּכוֹרִי הוּא״ – נוֹטֵל פִּי שְׁנַיִם. ״אִישׁ פְּלוֹנִי בְּכוֹר הוּא״ – אֵינוֹ נוֹטֵל פִּי שְׁנַיִם, דִּלְמָא בּוּכְרָא דְאִמָּא קָאָמַר.

§ Rav Yosef says that if a man says: So-and-so is my firstborn son, the son takes a double portion of his inheritance based on this testimony. If he says: So-and-so is a firstborn, the son does not take a double portion, as perhaps the man was saying that the son is his mother’s firstborn but not his own firstborn.

הָהוּא דַּאֲתָא לְקַמֵּיהּ דְּרַבָּה בַּר בַּר חָנָה, אֲמַר לֵיהּ: מוּחְזְקַנִי בָּזֶה שֶׁהוּא בְּכוֹר. אֲמַר לֵיהּ: מְנָא יָדְעַתְּ? דַּהֲוָה קָרֵי לֵיהּ אֲבוּהּ ״בּוּכְרָא סַכְלָא״. דִּלְמָא בּוּכְרָא דְאִמָּא הוּא, דְּכׇל בּוּכְרָא דְאִמָּא נָמֵי ״בּוּכְרָא סַכְלָא״ קָארוּ לֵיהּ.

The Gemara relates: There was a certain man who came before Rabba bar bar Ḥana and said to him: I know that this man is a firstborn. Rabba bar bar Ḥana said to him: From where do you know? He answered: Because his father would call him a foolish firstborn. Rabba bar bar Ḥana replied: Perhaps he is his mother’s firstborn, as any firstborn of a mother is also called a foolish firstborn.

הָהוּא דַּאֲתָא לְקַמֵּיהּ דְּרַבִּי חֲנִינָא, אֲמַר לֵיהּ: מוּחְזְקַנִי בָּזֶה שֶׁהוּא בְּכוֹר. אֲמַר לֵיהּ: מְנָא יָדְעַתְּ? אֲמַר לֵיהּ: דְּכִי הֲווֹ אָתוּ לְגַבֵּי אֲבוּהּ, אֲמַר לְהוּ: זִילוּ לְגַבֵּי שִׁכְחַת בְּרִי, דְּבוּכְרָא הוּא וּמַסֵּי רוּקֵּיהּ.

The Gemara relates: There was a certain man who came before Rabbi Ḥanina and said to him: I know that this man is a firstborn. Rabbi Ḥanina said to him: From where do you know? He said to Rabbi Ḥanina: Because when people would come before his father to obtain a cure for their ailing eyes, he would say to them: Go to my son Shikhḥat, as he is a firstborn and his saliva heals this ailment.

וְדִלְמָא בּוּכְרָא דְאִמָּא הוּא! גְּמִירִי: בּוּכְרָא דְאַבָּא – מַסֵּי רוּקֵּיהּ, בּוּכְרָא דְאִמָּא – לָא מַסֵּי רוּקֵּיהּ.

The Gemara asks: But perhaps he is his mother’s firstborn? The Gemara answers: It is learned as a tradition that the saliva of a father’s firstborn heals this ailment but the saliva of a mother’s firstborn does not heal this ailment.

אָמַר רַבִּי אַמֵּי: טוּמְטוּם שֶׁנִּקְרַע וְנִמְצָא זָכָר, אֵינוֹ נוֹטֵל פִּי שְׁנַיִם; דְּאָמַר קְרָא: ״וְהָיָה הַבֵּן הַבְּכוֹר לַשְּׂנִיאָה״ – עַד שֶׁיְּהֵא בֵּן מִשְּׁעַת הֲוָיָה.

§ Rabbi Ami says: In the case of one whose sexual organs are indeterminate [tumtum] and whose skin became perforated so that his genitals were exposed and he was found to be a male, he does not take a double portion of his father’s estate. As the verse states: “And if the firstborn son was [vehaya] hers that was hated” (Deuteronomy 21:15), which is interpreted to mean that he is not considered a firstborn unless he is recognized as a son, i.e., male, from the moment of his coming into being [havaya], i.e., his birth.

רַב נַחְמָן בַּר יִצְחָק אָמַר: אַף אֵינוֹ נִידּוֹן כְּבֵן סוֹרֵר וּמוֹרֶה, דְּאָמַר קְרָא: ״כִּי יִהְיֶה לְאִישׁ בֵּן סוֹרֵר וּמוֹרֶה״ – עַד שֶׁיְּהֵא בֵּן מִשְּׁעַת הֲוָיָה.

Rav Naḥman bar Yitzḥak says: A tumtum who was found to be male is also not judged as a stubborn and rebellious son, as the verse states: “If there will be [yihyeh] to a man a stubborn and rebellious son” (Deuteronomy 21:18), which is interpreted to mean that one is not judged in this manner unless he is recognized as a son from the moment of his coming into being.

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