Soncino English Talmud
Bava Batra
Daf 124a
so [in the case of] one rented out or given on hire, the appreciation [must be] such as comes naturally and they do not lose thereby [the cost of its] food. In accordance with [whose view is the law quoted]? — It is [in accordance with that of] Rabbi. For it was taught: a firstborn son is not [entitled] to take a double portion in the appreciation of the estate, which accrued after the death of their father. Rabbi said: I say, A firstborn son does take a double portion in the [natural] appreciation of an estate which accrued after the death of their father, but not in the appreciation which the orphans produced after the death of their father. If they inherited a bond of indebtedness the firstborn takes a double portion [in the collected debt]. If a bond of indebtedness [for a debt incurred by the father] was produced against them, the firstborn must pay a double portion [of the debt]. If, however, he said, 'I neither give, nor take [the double portion]', he is allowed [to do so]. What is the reason [for the opinion] of the Rabbis? Scripture says, Giving him a double portion, the [All] merciful has, thus, called it a gift; as a gift [does not become his] until it comes into his possession, so the portion of the birthright [does not become his] until it comes into his [father's] possession. But Rabbi maintains, [since] Scripture says, a double portion, the portion of the birthright [is to be] compared to the ordinary portion; as the ordinary portion [is his] although it has not yet come into his [father's] possession, so [is] the portion of the birthright although it has not yet come into his possession. But [as to] the Rabbis also, surely it is written, a double portion? — That [expression indicates that the two portions] to be given to him are to adjoin one another. But [as to] Rabbi also, surely it is written, Giving him? — That [expression is to indicate] that if he said, 'I neither take, nor give [the double portions],' he is permitted to do so. R. Papa said: [In the case where] a [young] palm-tree [was bequeathed] and it became stronger, [or a plot of] and and it produced alluvial soil, all agree that [the firstborn] takes [a double portion]. The dispute only relates to [the case] where hafurah turned into [well developed] ears of corn, [or where] undeveloped dates turned into [fully developed] dates. [One] Master is of the opinion that this is regarded as natural appreciation, and the [other] Master[s] hold the opinion [that this is a case of complete] transformation. Rabbah b. Hana said in the name of R. Hiyya, 'He who acts in accordance with the opinion of Rabbi is acting correctly, [and] he who acts in accordance with the opinion of the Sages is acting correctly.' —
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