Bava Batra 107a (קז.) — the Talmud in English

And the Gemara resolves:

There,

with regard to a sale,

the Sages instituted a matter that is beneficial to the seller and beneficial to the buyer.

It is convenient for both of them that the sale not be completed until he finishes measuring the produce for him. Perhaps the wheat will become more expensive in the interim, or perhaps it will become cheaper.

But in the case of partners, it is convenient for both of them to separate from one another as quickly as possible. For “a pot belonging to partners is neither hot nor cold,” and therefore each one acquired his portion.

Further laws concerning the division of an inheritance among brothers:

It was stated:

Two

brothers who divided

their father’s estate

, and their father’s creditor

and

took the portion of one of them

as payment of the debt.

The same law applies to three brothers. Rashbam. And the version of the Geonim in the Gemara reads: “Three brothers who divided.” They read it this way because they found it difficult: In the conclusion of the Gemara we say, “The halakha in all these teachings is that they apportion by reduction,” and “reduction” applies only to three. But in the case of two, it is always considered a new division. Therefore, here too, it must be speaking of three brothers. See Shita Mekubetzet. Below, we will explain the statement of Rav Asi according to their view. Rav said: The

first

division

is nullified, and they return and divide the remainder equally.

And Shmuel said: He relinquished [he forfeited], and he takes nothing from

his brothers.

And Rav Asi said: He takes a quarter [that is, half of his portion]

in

the land

of his brother,

or

his brother gives him

a quarter in money.

His reasoning will be explained below.

The Gemara explains:

“Rav said: The division is nullified,” he holds

that “there is retroactive determination,” and therefore

“brothers who divided an inheritance are heirs.”

At the time of the division, it became clear that each one acquired his portion by virtue of inheritance.

And since this is so, all of them are equally obligated to repay their father’s debt, and when the creditor collected his debt from one of them, the division was retroactively nullified, and they return and divide equally.

And Shmuel said: He relinquished; he holds

that “there is no retroactive determination,” and therefore

“brothers who divided an inheritance are purchasers,”

since each one received his fellow’s portion, as though they exchanged their portions with one another.

And he is considered like a purchaser without a guarantee.

Therefore, he cannot claim anything from his brothers.

Rav Asi is uncertain whether they are heirs

and he must give him half of the remaining estate,

or whether they are purchasers,

in which case he owes him nothing.

Therefore, he takes a quarter of the land,

or

or a quarter in money.

Rav Pappa said: The halakha in all these teachings

is according to Shmuel, who said

that they apportion by reduction.

Ameimar said:

The halakha is according to Rav, who said

that the

division is nullified.

And the halakha is that the division is nullified.

The Sages taught: Three people who went down to assess

land from the estate of orphans, for the sustenance of the wife and daughters: If

one

of them

says [he assesses the value of the land]

at one hundred dinars, while two say two hundred,

or

one says two hundred while two say one hundred,

the single opinion is nullified by virtue of its being the minority.

For “after the majority one must incline.”

But if

one says one hundred [A hundred dinars, which are twenty-five sela],

and one says twenty [sela, which are eighty dinars],

and one says thirty [sela, which are one hundred and twenty dinars],

the assessment is set at one hundred.

This will be explained below.

Rabbi Eliezer bar Rabbi Tzadok says: The assessment is set at ninety

dinars.

Others

say: They make an assessment between them,

that is, they calculate the difference between all the opinions, namely, forty dinars,

and divide it into thirds.

That is, they add to the lower sum [eighty dinars] one-third of the difference, namely, thirteen and one-third dinars.

And the Gemara explains:

The one who says that the assessment is set at one hundred

holds that one should follow

the intermediate position.

The one who says that the assessment is set at one maneh

holds that one should follow

the middle figure.