Deuteronómio 21:6 Referencias del Talmud: Jerusalem Talmud Bava Batra & Jerusalem Talmud Sanhedrin

HALAKHAH: “One who says, “my firstborn X shall not take a double portion,’ ” etc. Rebbi La made the right of the firstborn equal to that of the brothers⁸⁸He approved a will which gave the firstborn only what the other brothers received.. Rebbi Ḥaggai said to them: Is that not a verse, “he shall not be able to declare as firstborn.”⁸⁹He thought that Rebbi La acted in error.
⁹⁰Midrash Tanna'im (Midrash Haggadol Deut. 21:16); Sifry Deut. 216.Rebbi Eliezer said, by the Temple Service! He is able, but he is not permitted⁹¹What is missing here (compared to the other sources) is the statement that any action to deprive the firstborn of his inheritance be invalid. In general we hold that if a certain action is biblically forbidden, if it is done anyway it is valid in law since, if it were invalid, it could not be punishable. But an action by the father to deprive his firstborn of his double portion is not punishable; therefore, it is invalid.. Except that he is able designating it as a gift⁸⁷In a document one has to follow the formal rules. If he used the language of gift but also mentioned inheritance, the will is valid as explained by R. Hoshaia in the Halakhah..

It is written: If the thief was found in a tunnel, was smitten, and died, there is no blood-guilt⁷⁵Ex. 22:1 permits the residents of a house to kill the stealth intruder since it is assumed that he would kill anybody offering resistance to his burglary.. Rebbi Ḥiyya stated: In the tunnel⁸⁶From חתר “to undermine”. The thief digs under the wall to enter the house. there is no blood-guilt, outside the tunnel there is blood guilt. Rebbi Simeon ben Ioḥai stated: Even outside the tunnel there is no blood-guilt, for a person’s property is beloved by him like his own soul. He⁸⁷The property owner. sees him⁸⁸The thief., that he⁸⁸The thief. comes to take his⁸⁷The property owner. money away from him, stands up against him⁸⁸The thief. and kills him^88,The thief.⁸⁹A similar statement is anonymous in the Babli, Yoma 85b.. Rav Huna said, if he took a wallet, turned to leave and went, if then one stood up against him and killed him⁸⁸The thief. the killer will not be killed. What is Rav Huna’s reason? For his temper is hot⁹⁰Deut. 19:6, another case of non-prosecutable homicide.. Rav said, I would kill anybody who would come against me, except Ḥanania ben Shila⁹¹A cousin of Rav, lover of roast pigeon (Babli Pesaḥim 10:8)., of whom I know that he would come only to take his meal from me. Rebbi Isaac said, if he has the temerity to do something like that, he cannot be Ḥanania ben Shila⁹²Therefore, any their caught in a house may be killed by the owner..