Re: Bava Basra 127: Bechor and One Tumtum

[Kollel Iyun Hadaf]

x-mailing-list: daf-disc...@shemayisrael.com
(Please include header and footer when redistributing this material.)
_________________________________________________________________
 
                 THE DAFYOMI DISCUSSION LIST
 
      brought to you by Kollel Iyun Hadaf of Yerushalayim
             Rosh Kollel: Rabbi Mordecai Kornfeld
                      d...@dafyomi.co.il
 
 [REPLY TO THIS MESSAGE TO DISCUSS THE DAF WITH THE KOLLEL]
________________________________________________________________
 
Re: Bava Basra 127: Bechor and One Tumtum
 
Eric Haas asked:
>What would be the case if there were only the bechor and a tumtum? Does the 
>bechor take everything the way the calculation would suggest, or do they 
>divide it the standar 2/3 1/3 because the law of "not reducing for a tumtum" 
>is only where there is at least one other regular brother?<
 
The Kollel replied:
>The Yad Ramah (par. #104) writes that the Tumtum takes 1/3 and the Bechor 2/3 
>(just as we would rule in the case a normal male brother). He bases this 
>ruling on both Pesukim and logic; we cannot ignore the Tumtum and leave him 
>without any Yerushah at all.<
 
Akiva Kraines <krai...@mailtomo.org> asks:
Why can't we learn the Rashbam like this that there are 2 distinct 
calculations: Chelek Bechor and Chelek Pashut = In a case where there 
is only a Bechor and a Tumtum, when calculating the chelek habechor we 
view it that the property is going to be divided into 2 chelakim - the 
bechor's chelek habechor and the bechor's chelek hapashut. "Nimtza" that 
the C"B is 1/2. Now we proceed to the second calculation = dividing 
that which remains equally - it comes out that the bechor will get 3/4 
and the tumtum 1/4.
 
Akiva Kraines
----------------------------------------------
The Kollel replies:
 
I don't think that is consistent with the way a Bechor takes his portion. If he 
is the only child, there is *no* Chelek Bechorah at all. The child simply gets 
all of the property as a single heir, not as a Bechor. Therefore looking at him 
as a single child cannot be used to calculate the portion of Bechorah.
 
Best wishes,
Mordecai Kornfeld


_______________________________________________
Daf-discuss mailing list
Daf-discuss@shemayisrael.co.il
http://shemayisrael.co.il/mailman/listinfo/daf-discuss_shemayisrael.co.il