Responsa for Bava Batra 252:2
שלחו מתם בכור שמכר קודם חלוקה לא עשה כלום אלמא אין לו לבכור קודם חלוקה והלכתא יש לבכור קודם חלוקה
holds the opinion [that Raba's meaning was that] the entire [sale was invalid].<span class="x" onmousemove="('comment',' Because, according to R. Papa, the firstborn does not come into the possession of his share heir the distribution had taken place. ');"><sup>4</sup></span> [A message] was sent from Palestine:<span class="x" onmousemove="('comment',' Lit., 'from there'. ');"><sup>5</sup></span> [If] a firstborn son had sold [his share] before the division [of the estate took place, that sale] is invalid.<span class="x" onmousemove="('comment',' V. note 3. ');"><sup>6</sup></span>
Teshuvot Maharam
Q. A father stated before his death that his son A should inherit no part of his house.
A. As soon as a person dies his estate falls automatically to his heirs, except whatever he has given away before his death. Therefore, the father's words are of no avail, and A receives his share of his father's estate.
SOURCES: Pr. 475.
A. As soon as a person dies his estate falls automatically to his heirs, except whatever he has given away before his death. Therefore, the father's words are of no avail, and A receives his share of his father's estate.
SOURCES: Pr. 475.
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