Bava Batra 130 - Shabbat Rosh Chodesh - November 2, 1 Cheshvan

The Mishna brings a debate between the rabbis and Rabbi Yochanan ben Broka regarding one who wants to bequeath to one's heirs in a way different than the Torah law - is it allowed and if so, in what cases is it allowed? The Mishna can be understood in two different ways - that there is a debate or that there is just one opinion and that depends on whether Rabbi Yochanan ben Broka is referring to a person who wants to give one son all of the inheritance and nothing to the others sons (or prefer one daughter over the others, in a case where there are no sons) or to a case where one wants to bypass the heirs and give it to the next heir in line, i.e. daughter, instead of son. The Gemara quotes various amoraim in Babylonia and in Israel who all ruled like Rabbi Yochanan ben Broka who allows one to favor one son over the others or one daughter over the others (in a case where there are no sons). There is a debate regarding Rabbi Yehuda Hanasi's ruling - whether he said, "The halakha is like Rabbi Yochanan ben Broka" or whether he ruled in a case like Rabbi Yochanan ben Broka. This leads to a discussion regarding what the best way to learn the halakha - by what someone says or by case law? What are the pros and cons of each approach? A braita explains that one cannot learn from either unless the rabbi says " halakha l'maase, " i.e. tthis is the halakha and you can act upon it.