Once again the sages of Eretz Yisrael disagree with the sages of Babylonia TB Baba Batra 126

Over the course of yesterday’s daf and today’s daf TB Baba Batra 126, the Gemara comes to the clear conclusion about the halakha. “Rav Pappa said that the halakha is that the husband does not take in inheritance property due to his wife as he does the property she possessed; and a firstborn does not take a double portion of property due to his father as he does the property his father possessed; and a firstborn does not take a double portion of payment for a loan, whether the brothers collected land or whether they collected money. And as for a loan that is with the firstborn, i.e., he had borrowed money from his father, then his father died, it is uncertain whether the payment should be considered property due to the father or property possessed by him. Therefore, the firstborn and his brothers divide the additional portion.” (Sefaria.org translation)

How should the firstborn’s double portion be classified? Let’s suppose the estate is $100 to be divided between four brothers. The $100 will be divided into five equal shares. The firstborn would get two shares and the three other brothers will get one share each. Before the estate is divided do we consider the double share current holdings (mukhzak-מוּחְזָק) since it is his immediately after the death of the father and the other share as future assets (raooyi-רָאוּי)? Or do we consider both shares as future assets? This question underpins the following case in the Gemara.

“Rav Asi says: A firstborn who took a portion of the property like that of an ordinary heir has relinquished his right to an additional portion. The Gemara asks: What does it mean that he has relinquished his additional portion? Rav Pappa says in the name of Rava that he has relinquished his additional portion only with regard to that field that was divided, since he did not exercise his right to an additional portion, but he has not relinquished his right to receive an additional portion of the rest of the estate. Rav Pappi says in the name of Rava that he has relinquished his additional portion with regard to all of the property.

 “The Gemara explains: Rav Pappa says in the name of Rava that he has relinquished his additional portion only with regard to that field that was divided, because he holds that a firstborn does not have a right to his additional portion before the division of the property. And therefore, he has waived his additional portion of what has already reached his possession, namely, the field that was divided, but he has not waived his portion of the other fields of the estate..

“And Rav Pappi says in the name of Rava that he has relinquished his additional portion with regard to all of the property, as he holds that a firstborn has a right to his additional portion before the division of the property. And therefore, since he waived his additional portion in this field, he has waived his portion of all of the property.” (Sefaria.org translation)

What happens if the firstborn sells his shares before the estate is divided? We should be surprised that the rabbis in the land of Israel and in Babylonia disagree what should the halakha be.

Eretz Yisrael sages decision: “The Gemara notes that they sent a ruling from there, Eretz Yisrael: A firstborn who sold his additional portion before the division of the property has done nothing. Apparently, the Sages of Eretz Yisrael hold that a firstborn does not have a right to his additional portion before the division. But the halakha is that a firstborn has a right to his additional portion before the division.” (Sefaria.org translation)

Babylonian sages decision: “Mar Zutra of the house of Rishba, who was a firstborn, divided a basket of peppers from the estate of his father with his brothers equally. He came before Rav Ashi to claim a double portion of the rest of the estate. Rav Ashi said to him: Since you relinquished your additional portion with regard to some of the estate, you have relinquished your additional portion with regard to all of the property, as a firstborn has a right to his additional portion before the division.” (Sefaria.org translation)