daf bit: Bava Batra 123

[cellio]

R. Helbo asked: what reason did Yaakov have for giving the birthright (a double portion) to Yosef instead of to Reuven, the eldest? R. Shmuel ben Nachmani said: because Reuven sinned against his father. But that answers only half the question (why not Reuven) -- why Yosef? R. Yonatan said: because the birthright should have emanated from Rachel (Yosef's mother), not Leah, as it is written: "these are the generations of Yaakov: Yosef, ..." (Gen 37:2), on account of her modesty. (123a)

(Today's daf, 125, is in the midst of a discussion about inheriting prospective property, interest from loans, and suchlike. There's lots of disagreement therein. :-) )

Comments

[cellio]

In a part that I didn't quote here, R. Yonatan (I think; attributions are a little confusing) says that the decision was made by HaKadosh Baruch Hu, neatly avoiding this particular problem.

Or, if you prefer, Yaakov did violate the mitzvah; the patriarchs are human and make mistakes. (He married two sisters counter to torah, after all.)

Or, if you prefer, this torah had not yet been given. That's true chronologically, though I know there's a notion that torah time is a little different sometimes. I mean, the patriarchs were hundreds of years before Sinai, yet there is also tradition that they kept the torah (which I assume is what you're bringing here), and I don't claim to understand how that's supposed to work.