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Deuteronomy 21:15 - Firstborn rights despite hatred?

Deuteronomy 21:15 - דברים 21:15

Hebrew Text

כִּי־תִהְיֶיןָ לְאִישׁ שְׁתֵּי נָשִׁים הָאַחַת אֲהוּבָה וְהָאַחַת שְׂנוּאָה וְיָלְדוּ־לוֹ בָנִים הָאֲהוּבָה וְהַשְּׂנוּאָה וְהָיָה הַבֵּן הַבְּכוֹר לַשְּׂנִיאָה׃

English Translation

If a man have two wives, one beloved, and another hated, and they have born him children, both the beloved and the hated; and if the firstborn son be hers that was hated:

Transliteration

Ki-tihyena leish shtei nashim ha'ahat ahuvah veha'ahat senuah veyaldu-lo vanim ha'ahuvah vehasenuah vehayah haben habekhor lasni'ah.

Hebrew Leining Text

כִּֽי־תִהְיֶ֨יןָ לְאִ֜ישׁ שְׁתֵּ֣י נָשִׁ֗ים הָאַחַ֤ת אֲהוּבָה֙ וְהָאַחַ֣ת שְׂנוּאָ֔ה וְיָֽלְדוּ־ל֣וֹ בָנִ֔ים הָאֲהוּבָ֖ה וְהַשְּׂנוּאָ֑ה וְהָיָ֛ה הַבֵּ֥ן הַבְּכֹ֖ר לַשְּׂנִיאָֽה׃
כִּֽי־תִהְיֶ֨יןָ לְאִ֜ישׁ שְׁתֵּ֣י נָשִׁ֗ים הָאַחַ֤ת אֲהוּבָה֙ וְהָאַחַ֣ת שְׂנוּאָ֔ה וְיָֽלְדוּ־ל֣וֹ בָנִ֔ים הָאֲהוּבָ֖ה וְהַשְּׂנוּאָ֑ה וְהָיָ֛ה הַבֵּ֥ן הַבְּכֹ֖ר לַשְּׂנִיאָֽה׃

🎵 Listen to leining

Parasha Commentary

Context and Overview

The verse (Devarim 21:15) discusses the laws of inheritance when a man has two wives—one beloved and one hated—and the firstborn son belongs to the hated wife. This scenario raises questions about fairness in inheritance, particularly regarding the rights of the firstborn.

Rashi's Commentary

Rashi explains that the terms "beloved" (אֲהוּבָה) and "hated" (שְׂנוּאָה) are not necessarily absolute but relative. The "hated" wife may simply be less favored than the other. He emphasizes that the Torah uses this language to teach that even if the firstborn son comes from the less-favored wife, he retains his birthright privileges (Rashi on Devarim 21:15).

Halachic Implications

According to Rambam (Hilchos Nachalos 2:12), this verse establishes that a father cannot arbitrarily transfer the firstborn's double portion to a son of the favored wife if the firstborn is from the less-favored wife. The Torah safeguards the rights of the firstborn, regardless of the father's personal feelings toward the mother.

Midrashic Insights

The Midrash (Sifrei Devarim 213) connects this law to the story of Yaakov, Rachel, and Leah, where Leah (initially less favored) bore Reuven, the firstborn, while Rachel (beloved) bore Yosef. Though Yaakov favored Yosef, Reuven retained his firstborn status in inheritance, illustrating this principle.

Moral and Ethical Lessons

  • The Torah prioritizes justice over personal bias, ensuring that familial favoritism does not override halachic inheritance laws.
  • This law serves as a reminder that Divine law transcends human emotions, requiring fairness even in emotionally charged family dynamics.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Kiddushin 68b
The verse is discussed in the context of the laws of inheritance and the status of the firstborn son, particularly when one wife is favored over the other.
📖 Yevamot 23a
The verse is referenced in a discussion about the relationships between co-wives and the implications for their children's inheritance rights.

Frequently Asked Questions

Q: What does Deuteronomy 21:15 mean when it mentions a 'beloved' and 'hated' wife?
A: The terms 'beloved' (אֲהוּבָה) and 'hated' (שְׂנוּאָה) in this verse do not necessarily mean literal love or hatred. Rashi explains that 'hated' refers to a wife who is less favored compared to the other, not necessarily despised. The Torah uses strong language to highlight the contrast in treatment between the two wives.
Q: Why does the Torah discuss the case of a man having two wives in Deuteronomy 21:15?
A: The Torah addresses this scenario to establish laws of inheritance, particularly regarding the firstborn's rights. The Talmud (Bava Batra 126b) explains that this verse ensures fairness—preventing a father from favoring the son of his preferred wife over the actual firstborn, who may come from the less-favored wife.
Q: What lesson can we learn from Deuteronomy 21:15 about fairness in family relationships?
A: This verse teaches the importance of justice and avoiding favoritism, especially in family matters. The Rambam (Hilchos Nachalos 2:12) emphasizes that the Torah safeguards the rights of the firstborn, regardless of the father's personal feelings toward the mother, reinforcing ethical conduct in familial obligations.
Q: Does Deuteronomy 21:15 mean polygamy is allowed in Judaism?
A: While the Torah acknowledges polygamy in this verse, later rabbinic decrees (around the 11th century) banned the practice for Ashkenazi Jews under the 'Cherem of Rabbeinu Gershom.' Sephardic communities historically followed different customs, but today, monogamy is widely observed across all Jewish communities.
Q: How does the law of the firstborn in Deuteronomy 21:15 apply today?
A: Although the specific case of two wives is rare today, the principle—prioritizing fairness and upholding legal rights over personal biases—remains relevant. The halachic concept of 'bechor' (firstborn) still carries significance in rituals like Pidyon HaBen (redemption of the firstborn son) and certain inheritance customs (Choshen Mishpat 277).