Talmud Bavli
Talmud Bavli

Reference for Bava Batra 251:10

והא דרב פפי ורב פפא לאו בפירוש איתמר אלא מכללא איתמר דההוא בכור דאזיל זבין נכסי דידיה ודפשוט אזול יתמי בני פשוט למיכל תמרי [מהנהו לקוחות מחונהו] אמרי להו קרובים לא מיסתייא דזבנתינהו לנכסייהו אלא מימחא נמי מחיתו להו אתו לקמיה דרבא אמר להו לא עשה ולא כלום

R. Papi in the name of Raba said: He renounced [thereby] his claims upon the entire estate. R. Papa had said in the name of Raba [that] he renounced his claim upon that field only, [for] he is of the opinion [that] the firstborn is not regarded as legal possessor of [his share] before the division [between the heirs takes place];<span class="x" onmousemove="('comment',' Hence, he can only renounce his share in that field which has been divided, but not in those parts of the estate which have not yet been divided, since no man can renounce or confer possession of a thing which is not his. (Rashb.) ');"><sup>18</sup></span> and R. Papi had said in the name of Raba that he renounced. [thereby]. his claim upon the entire estate, [because] he is of the opinion [that] the firstborn is considered [legal] possessor of [his share] before the division takes place, and [it is assumed that], since he has renounced his claim over that [one field] he has [also] renounced his claim upon all the others. And the [statements reported by] R. Papi and R. Papa [in the name of Raba] were not made<span class="x" onmousemove="('comment',' Lit., 'said'. ');"><sup>19</sup></span> explicitly [by him], but inferred [by them]. For there was a certain firstborn son who went [and] sold his own property<span class="x" onmousemove="('comment',' His double portion in the bequeathed stare of his father. ');"><sup>20</sup></span> and [that] of his other [brother].<span class="x" onmousemove="('comment',' I.e., he sold the entire estate, before It had been divided between him and his brother, without the consent of the latter. ');"><sup>21</sup></span> [When] the orphans, the sons of the other [brother], went to eat [of] the dates of the buyers, the latter beat them. 'Is it not enough', said the [orphans'] relatives to them, 'that you bought up their property, but you must also beat them?' They came before Raba, [and] he said to them: 'The sale is invalid'.<span class="x" onmousemove="('comment',' Lit., 'he (the firstborn) has not done anything'. ');"><sup>22</sup></span>

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