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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Bava Basra 123
BAVA BASRA 123 (11 Av) - dedicated by Eitan Fish in memory of his
illustrious ancestor, Hagaon Rav Yitzchak Blazer ("Reb Itzele
Peterburger"), author of "Kochevei Or" and "Pri Yitzchak" and
one of the foremost Talmidim of Hagaon Rav Yisrael Salanter,
Zatza"l. Reb Itzele passed away on 11 Av 5667 (1907) in
Yerushalayim.
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1) THE EXTRA PORTION OF A FIRSTBORN
(a) (Beraisa): "Lases Lo Pi Shnayim" - he gets twice what a
regular brother receives.
(b) Question: Perhaps he receives two (thirds) of all the
property!
1. Suggestion: It stands to reason, he should get twice
the share of a regular brother.
i. A firstborn's share when he has one brother
should resemble his share when he has five
brothers - in each case, he gets twice the
share of a regular brother.
2. Rejection: We can say otherwise - just as when he
has one brother he gets two thirds of the estate,
also when he has five brothers!
(c) Answer #1: "B'Yom Hanchilo Es Banav" - this is extra, to
increase the inheritance of the other sons (i.e. the
firstborn only gets twice the share of a regular
brother).
(d) Answer #2: "Reuven Bechor Yisrael...Nitenah Bechoraso
li'Vnei Yosef v'Lo Lehisyaches la'Bechorah" (Yosef would
not be called firstborn, just he would receive a double
portion; he received twice the portion of a regular
brother).
(e) Answer #3: "Veha'Bechorah l'Yosef" - just as Yosef's
Bechorah entitled him to twice the portion of a regular
brother, also firstborns in all generations.
(f) Answer #4: "Nasati Lecha Shechem Achad Al Achecha Asher
Lakachti mi'Yad ha'Emori b'Charbi uv'Kashti (with my
sword and bow)"
1. Question: Yakov didn't get these through his weapons
- "Ki Lo v'Kashti Evtach v'Charbi Lo Soshi'eni"!
2. Answer: Rather, Charbi means prayer; Kashti means
request.
(g) Question: Why were additional answers needed?
(h) Answer: One may reject the first answer - perhaps "B'Yom
Hanchilo Es Banav" comes to teach as R. Yochanan ben
Brokah (that one may give his entire inheritance to one
heir); therefore, we bring a proof from "Reuven Bechor
Yisrael (...Bechoraso li'Vnei Yosef)".
1. One may reject this proof - perhaps we cannot learn
Bechorah from that verse, for it says "Bechoraso"
(and these are not the same)!
2. Therefore, we bring a proof from "Veha'Bechorah
l'Yosef".
3. One may reject this, and say that Yosef himself
received two thirds of all the property - therefore,
we bring "Nasati Lecha Shechem Achad Al Achecha".
(i) Question (Rav Papa): Perhaps Yosef only received an extra
date tree!
(j) Answer (Abaye): It says, "Efrayim u'Mnashe ki'Reuven
v'Shimon Yihyu Li".
2) GIVING THE BECHORAH TO YOSEF
(a) Question (R. Chelbo): Why did Yakov take the Bechorah
from Reuven and give it to Yosef?
1. Question: The verse explicitly says why it was taken
from Reuven - "uv'Chalelo Yetzu'ei Aviv"!
2. Answer: The question was, why was it given to Yosef.
(b) Answer #1 (R. Shmuel Bar Nachmani): A parable: a man
raised an orphan in his home. Later, the orphan became
rich; he decided to give some of his wealth to the man
who raised him.
(c) Objection (R. Chelbo): (According to your parable), had
Reuven not sinned, Yakov would not have given anything
extra to Yosef!
(d) Answer #2 (R. Yonason): The Bechorah was fitting to come
from Rachel - "Eleh Toledos Yakov Yosef";
1. Through prayer, Leah merited to bear the firstborn;
Hash-m returned the Bechorah to Rachel as a reward
for her modesty.
(e) Question: How do we see that Le'ah merited through
prayer?
(f) Answer: "V'Einei Le'ah Rachos".
1. Question: What does this mean?
i. Suggestion: Her eyes were teary.
ii. Rejection: The Torah avoided using a derogatory
language (Tamei) regarding Tamei animals -
"Ha'Behemah Asher Einenah Tehorah" - would it
speak to the detriment of Tzadikim?!
2. Answer #1 (R. Elazar): Her gifts (Kehunah, Levi'yah
and kingship were given to her children) are Aruchos
(lasting).
3. Answer #2 (Rav): Really, it means that her eyes were
weak - this is to her praise!
i. She heard people talking on the crossroads that
Lavan's daughters would marry Rivka's sons; as
the elder, she would marry the older brother.
ii. She asked about the brothers; they told her
that the older brother is an evil robber, and
the younger is a Tzadik that constantly learns.
4. She cried until her eyelashes fell out - "Va'Yar
Hash-m Ki Senu'ah Leah".
5. Question: What does this mean?
i. Suggestion: She was hated.
ii. Rejection: The Torah avoided using an
derogatory language regarding Tamei animals -
would it speak to the detriment of Tzadikim?!
6. Answer: Rather, Hash-m saw that Esav's deeds were
hateful to her, so He gave her children.
(g) Question: What modesty did Rachel demonstrate?
(h) Answer: "Va'Yaged Yakov l'Rachel Ki Achi Avicha Hu..."
1. Question: Really, he is the son of her father's
sister!
2. Answer: When he told her to marry him, she agreed,
but warned him that her father is a trickster, and
Yakov cannot overcome him.
i. Yakov: What is his trickery?
ii. Rachel: I have an older sister - he will not
marry me off before her.
iii. Yakov: I am your father's brother in trickery.
iv. Rachel: May Tzadikim use trickery?
v. Yakov: Yes! "Im Navar Titavar v'Im Ikesh
Titapal".
3. Yakov gave her a code. When she saw that Le'ah was
being brought to the Chupah, she reasoned: Le'ah
will not know the code, Yakov will protest, and
Le'ah will be embarrassed - she gave the code to
Le'ah.
i. Support: "Vayhi ba'Boker v'Hinei Hi Le'ah".
ii. Question: This implies, before morning, it was
not Le'ah!
iii. Answer: Because of the code which Rachel gave
to Le'ah, Yakov did not know it was Le'ah until
morning.
(i) Question (Aba Chalifa Karviya): The Torah says that Yakov
descended to Miztrayim with 70 souls - when you count
them there are only 69!
(j) Answer #1 (R. Chiya Bar Aba): A twin sister was born with
Dinah - "V'Es Dinah".
(k) Objection (Aba Chalifa): If so, you should also say that
a twin was born with Binyamin - "V'Es Binyamin"!
123b---------------------------------------123b
1. R. Chiya: I had a gem (a precious teaching), and you
want me to lose (publicize) it!
(l) Answer #2 (R. Chiya citing R. Chama Bar Chanina): The
70th soul is Yocheved, who was born between the walls.
1. "Asher Yaldah Osah l'Levi b'Mitzrayim" - Yocheved
was born in Mitzrayim, but not conceived there (she
was conceived on the way).
(m) Question (R. Chelbo): "Ka'asher Yaldah Rachel Es Yosef" -
what was special about Yosef (that Yakov now wanted to
leave)?
(n) Answer (R. Shmuel Bar Nachmani): Yakov saw that the seed
of Esav will only be defeated by the seed of Yosef -
"V'Hayah Veis Yakov Esh u'Vies Yosef Lehavah u'Veis Esav
l'Kash".
(o) Question: "Va'Yakem David meha'Neshef v'Ad ha'Erev"
(David is from Yehudah, and Amalek is from Esav)!
1. R. Shmuel Bar Nachmani: You learned the prophets
(from which you asked this question) but not Kesuvim
(a verse answers your question)!
(p) Answer (R. Shmuel Bar Nachmani): "B'Lechto El Tzikelag
Nafelu Alav (to help David) mi'Menasheh..."
(q) Question (Rav Yosef): "Min Benei Shimon...Benei Yish'i
b'Rosham. Va'Yaku Es She'eris ha'Peletah la'Amalek..."!
(r) Answer (Rabah Bar Shilo): Yish'i descended from Menasheh
- Roshei Veis Avosam (of Menasheh) v'Efer v'Yish'i..."
(Maharsha - presumably, this is the source, what is cited
in the Gemara is not a verse).
3) IN WHAT DOES A FIRSTBORN RECEIVE A DOUBLE SHARE?
(a) (Beraisa): A firstborn receives a double portion in the
foreleg, jaw and stomach (parts given to a Kohen of a
slaughtered animal), and in Kodshim; and in the increased
value of the property after the father's death.
1. If the father left a cow by others, and he was a
partner in the profits, or he rented it to others,
or it was grazing in the pasture and it gave birth,
the firstborn gets an extra share in the profits,
rental or calf;
2. If the orphans built houses or planted vineyards,
the firstborn does not get a double share in them.
(b) Question: What is the case of the foreleg, jaw and
stomach?
1. Suggestion: If the father already received them -
clearly, the firstborn gets a double share in them!
2. Suggestion: If the father did not receive them -
they are only Ra'uy (likely to come to the father),
and the firstborn has no extra share in such
property, only what was Muchzak to the father when
he died!
(c) Answer: The case is, the animal was slaughtered in the
life of the father by a Yisrael that regularly gives
these gifts to him.
1. The Tana holds that gifts (to a Kohen) which were
not yet separated, are considered as if they were
separated.
(d) Question: Why does he get an extra share of Kodshim -
they do not belong to the father!
(e) Answer: The case is, they are Kodshim Kalim (lighter
sanctity); the Tana holds like R. Yosi ha'Galili, who
says that Kodshim Kalim are the property of the owner.
1. (Beraisa - R. Yosi ha'Galili): "U'Ma'alah Ma'al
ba'Sh-m" - this includes Kodshim Kalim, which are
the property of the owner.
(f) (Beraisa): If the father left a cow by others in which he
was a partner in the profits, or he rented it to others,
or it was grazing in the pasture and it gave birth, the
firstborn gets an extra share in the profits, rental or
calf.
(g) Question: If he gets an extra share in profits from a cow
by others, there is no need to say that he gets an extra
share in profits of a cow in the pasture!
(h) Answer: The last clause teaches about the previous
clauses.
1. When grazing in the pasture, the profit comes by
itself, he need not pay for the food - similarly,
the case when it is by others and he shares the
profits or receives rental is when the father was
not obligated to pay for the food.
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