REVACH L'DAF
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SUMMARY
1. A firstborn son protests his brothers' intent to improve the estate before dividing it. After they improve the estate, the firstborn son receives a double portion of the improvement.
2. Rabah: This law (#1) applies only when the name of the item has not changed.
3. Rav Yosef: If the firstborn son protests (#1), he does not lose any value if his brothers altered and subsequently damaged the item.
4. If a person says, "My son Ploni, who is my firstborn, should not get a double portion," his statement is null and void.
5. However, if a person gave away his possessions before he died, it is valid, even if the firstborn son did not receive anything.
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A BIT MORE
1. Since he is entitled to receive his double portion immediately, and he makes it known that he wants to receive his double portion and improve it on his own, he receives a double portion of the improvement made by his brothers (against his will or without his knowledge). If they all agreed to improve the estate before dividing it, he certainly would not receive a double portion of any new improvement (See Daf 124, #4).
2. This applies only when the item retains its name, such as a grape that is still called a grape after it is harvested. In contrast, a grape that is pressed into juice no longer is called a grape, and thus he does not receive a double portion of such an improvement (it is considered as though the grapes were stolen by his brothers).
3. For example, if the brothers harvested grapes and they were ruined during pressing, the firstborn receives a double portion of the value of the harvested grapes before they were ruined (due to his protest that he did not want them to harvest or press the grapes).
4. Similarly, if he says, "My son Ploni should not inherit together with his brothers," his statement is null and void. This is because a person cannot make a condition against the Torah.
5. This is because a person is allowed to give anything he wants to anyone as long as he is alive. As long as he said that these are presents, and not inheritance to be acquired after his death, his presents are valid.
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