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

(a) The Beraisa is as Rebbi.

1. (Beraisa): A firstborn does not get a double share in increased value of the property after the father's death;
2. Rebbi says, he gets a double share in what the property went up in value, but not in increased value due to the orphans..
3. If they inherited a loan document - the firstborn collects an extra share; if a creditor produced a document showing that their father owed them money, the firstborn pays a double share;

i. The firstborn may say, I will neither collect 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 as a gift only takes effect after it comes to the receiver, also the extra share of the firstborn.

(d) Rebbi expounds "Pi Shnayim" - the Torah equates the regular share and the additional share.

1. Just as 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: 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: That he has the option not to receive nor 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 produce that ripened.
2. Rebbi considers this like things that profit by themselves; Chachamim consider it like something new.

(a) Opinion #1 (Rabah Bar Chanah): If one ruled like Rebbi, the ruling stands; if he ruled like Chachamim, the ruling stands.

1. He is unsure: perhaps the law is like Rebbi against one colleague, but not against many colleagues;
2. Or, perhaps the law is like Rebbi even against many colleagues.

(b) Opinion #2 (Rav Nachman citing Rav): It is forbidden to rule like Rebbi.

1. He holds that the law is like Rebbi against one colleague, but not against many.

(c) Opinion #3 (Rav Nachman himself): It is permitted to rule like Rebbi.

1. He holds that the law is like Rebbi even against many colleagues.

(d) Opinion #4 (Rava): It is forbidden to 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 - it only says that we lean towards such a ruling.
2. (Rav Nachman - Beraisa): "B'Chol Asher Yimatzei Lo" - this 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.

(e) (Rami Bar Chama - Beraisa): "B'Chol Asher Yimatzei Lo" - this 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.

(a) (Rav Yehudah): A firstborn does not receive a double portion in a loan due to the father.
(b) Question: According to which Tana does he speak?

1. Suggestion: If like Chachamim - they say he does not even get an extra share in increased value of property in the father's possession, clearly he has no extra share in a loan!

(c) Answer #1: He said this law according to Rebbi.
(d) Objection (Beraisa): If they inherit a loan document, the firstborn receives a double portion in the principle and the interest.

1. If Rebbi admits that he has no extra share in a loan, this Beraisa is not like Rebbi nor like Chachamim!

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

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

(f) (Chachamim of Eretz Yisrael): (If they inherit a loan,) the firstborn receives a double portion in the principle, not in the interest.
(g) Question: Like which Tana is this?

1. Suggestion: If like Chachamim - they say that he does not even get an extra share in increased value of property in the father's possession, clearly he has no extra share in a loan!

(h) Answer #1: It is according to Rebbi.
(i) Objection: Does Rebbi really say that he receives no 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 was already collected.

(k) (Ameimar): (If they inherit a loan,) the firstborn receives a double portion in the principal, not in the interest.
(l) (Ravina): This is the opinion of Chachamim of Nehardai (which includes Ameimar and Rabah).

1. (Rabah): If they collected land as payment 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!