A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Bava Batra 123A - 123B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
March 25, 2007
Duration
59:17

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We are discussing the laws of the firstborn, or Bechor. The Torah grants the Bechor a double portion of the inheritance. The question arises regarding the precise calculation of this double portion: does it mean double the share of one of the other brothers, or double the entire estate?

The Gemara first presents one interpretation: if there are five brothers and one is the Bechor, the inheritance is divided into six parts. The Bechor receives two parts, and each of the other brothers receives one. This means the Bechor gets double the portion of one brother. However, the Gemara challenges this, suggesting an alternative: perhaps the Bechor receives double the entire estate, meaning two-thirds of the total inheritance, with the remaining one-third divided among the other brothers.

To clarify, the Gemara considers a scenario with only two brothers (the Bechor and one other). In this case, the Bechor receives two-thirds of the inheritance, and the other brother receives one-third. Here, the Bechor's portion is both double that of the single brother and also double a hypothetical "half" of the whole. This ambiguity leads to the question of how to interpret "double portion" when there are multiple brothers. The Gemara concludes that the Bechor receives double the portion of one of the other brothers, not double the entire estate.

The Gemara then seeks scriptural proof for this interpretation, citing a verse from the Torah: "And it shall be on the day he bequeaths his children." This verse, the Gemara explains, contains an extra word or phrase, which teaches that the double portion refers to double one of the individual portions, not double the entire estate. This extra phrase is crucial because the concept of a Bechor receiving a double portion is already stated in another verse: "He shall acknowledge him as the firstborn by giving him a double portion." The additional verse must therefore come to teach something new. It implies that even in cases with many brothers, the division is equal, with the Bechor receiving double the share of one brother, just as it would be with two brothers.

Further support for this understanding comes from another verse: "And the sons of Reuben, the firstborn of Israel..." This verse highlights that Reuben was originally the firstborn, but due to his sin, the birthright was transferred to Joseph. The verse "And the birthright was given to Joseph" is significant. The Gemara draws a comparison: just as Joseph received a double portion, so too does every Bechor for all generations receive double one portion. This is derived through a Gezerah Shavah, a rabbinic method of deriving law by comparing identical words in different verses.

A third proof is brought from Jacob's words to Joseph: "And I have given you one portion more than your brothers." This "extra portion" (Shechem) is understood to mean a double portion. Jacob's conquest of Shechem, though attributed to his "spear and sword," is interpreted by the Targum as referring to his prayers, emphasizing that our reliance is not on physical weapons. The main point is that Joseph received an extra, double portion over his brothers. These multiple proofs reinforce the idea that the double portion means double the share of one brother.

The Gemara then asks why so many proofs are needed to establish the same point. Each "Ve'omer" (another verse) implies a potential challenge to the previous proof. The first extra verse regarding inheritance could be interpreted as referring to a father's right to bequeath his entire estate to any one child, as taught by Reb Ha'arim, rather than defining the Bechor's double portion. Therefore, a second proof is needed.

The second proof, concerning Joseph's birthright, uses the word "birthright" (Bechorah) to draw a Gezerah Shavah. However, one might question the validity of this Gezerah Shavah, especially since the verse about Joseph is from Chronicles (Ketuvim), and typically, a Gezerah Shavah should be derived from the Torah itself. The response is that while a new law cannot be learned from Ketuvim, a "revelation" (Gilui Milta)—a clarification of an existing law—can. The Torah already states that a Bechor receives a double portion; the verses about Joseph merely define what "double portion" means in practice, clarifying that it refers to double the share of one brother.

The third proof, Jacob's statement about giving Joseph an "extra portion," might be challenged. Perhaps "extra portion" doesn't necessarily mean double, but merely an additional tree or a small enhancement. Thus, the Gemara clarifies that Joseph's tribe was counted as two tribes (Ephraim and Menashe), similar to Reuben and Simeon, each receiving a full share. This demonstrates that Joseph indeed received a double portion, solidifying the interpretation.

Next, the Gemara delves into why Jacob transferred the birthright from Reuben to Joseph. The obvious reason is Reuben's sin of moving his father's bed. But why was it specifically given to Joseph? One opinion suggests it was a reward for Joseph's service to Jacob, similar to a person repaying an orphan who served him. However, this is rejected because if Reuben had not sinned, Jacob would not have had an "extra" birthright to give away, so it couldn't be a reward for service.

A different explanation is offered: the birthright was inherently destined to come from Rachel, as indicated by the verse "These are the generations of Jacob: Joseph." However, Leah was shown mercy by God and had children first. Because Rachel possessed exceptional modesty (Tzni'ut), the birthright was ultimately returned to her lineage through Joseph.

The Gemara then explores the meaning of "Leah's eyes were tender (rakot)." Some interpret "rakot" as a derogatory term, implying weak or unattractive eyes. This is challenged, as the Torah avoids speaking derogatorily even about non-kosher animals, let alone righteous individuals. Instead, it is interpreted as "her gifts were great," referring to the tribes of Levi and Judah (from whom kingship emerged) that descended from her. This interpretation, however, struggles to connect "gifts" with "eyes."

Rabbi Yochanan offers a different explanation: "rakot" is a praise. Leah heard people at the crossroads discussing that the elder daughter (Leah) would marry Esau, and the younger (Rachel) would marry Jacob. Leah would cry, fearing marriage to Esau, until her eyelashes fell out. God saw her distress and granted her children first. The verse "Jacob hated Leah" is reinterpreted not as Jacob's personal hatred for her, but that he saw she "hated the ways of Esau" and therefore God opened her womb.

The Gemara then asks about Rachel's exceptional modesty that led to the return of the birthright to her lineage. When Jacob first met Rachel at the well, he told her, "I am your father's brother." This was not a literal statement, as Jacob was Lavan's nephew, not brother. Jacob meant he was Lavan's "brother in trickery," implying he could outsmart Lavan. Rachel, concerned about Jacob's integrity, questioned if righteous people were permitted to engage in trickery. Jacob responded that with a crooked person, one must act crookedly to set them straight. He then gave Rachel secret signs to identify her under the wedding canopy, anticipating Lavan's deceit.

On the wedding night, Rachel, out of profound modesty and a desire to prevent her sister Leah's embarrassment, secretly gave the signs to Leah. This led to Jacob marrying Leah instead of Rachel. The verse "In the morning, behold, it was Leah" is analyzed. How could Jacob not have known? He must have relied on Leah's voice sounding like Rachel's, and on the signs. The Gemara concludes that at night, in Jacob's mind, it truly was Rachel based on the signs, which are a valid form of identification in Jewish law. Rachel's modesty was demonstrated by her not revealing her act of giving the signs to Leah, even years later, when Leah accused her of taking her husband and mandrakes. This silent sacrifice, this withholding of information, is the ultimate expression of modesty, and for this, God rewarded her with the birthright.

The discussion shifts to a different topic: the count of the seventy souls who descended to Egypt. The Torah states seventy, but a direct count yields only sixty-nine. One explanation suggests that Dinah had a twin sister, making her count as two. This is challenged by pointing out that if "et" (a grammatical particle) implies an addition, then Benjamin, also mentioned with "et," should also have a twin. The master then reveals his "pearl of a Hadush": the seventieth soul was Jochebed, who was conceived outside Egypt but born within its walls. She was counted among the seventy because her birth was in Egypt, even though she was not physically present at the time of descent.

Next, the Gemara asks why Jacob decided to leave Lavan's house specifically after Joseph was born. Jacob foresaw that Esau's descendants would only fall into the hands of Joseph's descendants. Joseph is likened to fire, and Esau to straw, with fire consuming straw. This meant that with Joseph's birth, the time was ripe to confront Esau.

This is challenged by the case of David, who was from the tribe of Judah, not Joseph, yet he fought and defeated Amalek, a descendant of Esau. The Gemara clarifies that when David fought Amalek in Ziklag, he intentionally took men from the tribe of Menashe (Joseph's son) with him. This demonstrates that even David, from Judah, understood the secret that only Joseph's descendants could truly defeat Esau's lineage. Similarly, when the sons of Simeon fought the sons of Seir (another branch of Esau's descendants), they too had Menashe's descendants among them, confirming this principle.

Finally, the Gemara discusses the law of the Kohen receiving the foreleg (zero'a) and cheeks (lechayayim) from a slaughtered animal. If a Kohen father dies, does his Bechor son receive a double portion of these priestly gifts? This seems straightforward if the father already possessed them. The Gemara clarifies three cases where the Bechor receives a double portion: from items consecrated to the Temple (Hekdesh), from any enhancement that occurred to the inherited item after the father's death, and from the priestly gifts.

The question arises: what if the priestly gifts had not yet come into the father's possession, but were merely "destined to come" (ra'uy)? The general rule is that a Bechor does not receive a double portion from things that are merely ra'uy, only from things the father actually possessed (muhzak). The Gemara presents a specific case: a Kohen had a standing arrangement with a friend who always gave him the zero'a and lechayayim from his slaughtered animals. The friend slaughtered an animal while the Kohen father was alive, but the gifts had not yet been physically separated from the animal or formally given to the Kohen. The ruling is that even in this scenario, the Bechor receives a double portion. This is because, in this specific context, the gifts are considered as if they were already separated and in the Kohen's possession (muhzak), due to the established custom and the friend's clear intent to give them wholeheartedly. The Rajbam explains that since the animal was slaughtered during the father's lifetime, and the giver intended to give the gifts wholeheartedly, it is as if the Kohen had already acquired them, even before physical separation. Therefore, the Bechor inherits a double portion of these gifts.