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Deuteronomy 21:17 - Firstborn's double portion: Divine justice?

Deuteronomy 21:17 - דברים 21:17

Hebrew Text

כִּי אֶת־הַבְּכֹר בֶּן־הַשְּׂנוּאָה יַכִּיר לָתֶת לוֹ פִּי שְׁנַיִם בְּכֹל אֲשֶׁר־יִמָּצֵא לוֹ כִּי־הוּא רֵאשִׁית אֹנוֹ לוֹ מִשְׁפַּט הַבְּכֹרָה׃

English Translation

but he shall acknowledge the son of the hated for the firstborn, by giving him a double portion of all that he has: for he is the beginning of his strength; the right of the firstborn is his.

Transliteration

Ki et habekhor ben hasenuah yakir lateit lo pi shnayim bekhol asher-yimatze lo ki-hu reishit ono lo mishpat habekhorah.

Hebrew Leining Text

כִּי֩ אֶת־הַבְּכֹ֨ר בֶּן־הַשְּׂנוּאָ֜ה יַכִּ֗יר לָ֤תֶת לוֹ֙ פִּ֣י שְׁנַ֔יִם בְּכֹ֥ל אֲשֶׁר־יִמָּצֵ֖א ל֑וֹ כִּי־הוּא֙ רֵאשִׁ֣ית אֹנ֔וֹ ל֖וֹ מִשְׁפַּ֥ט הַבְּכֹרָֽה׃ <span class="mam-spi-samekh">{ס}</span>        
כִּי֩ אֶת־הַבְּכֹ֨ר בֶּן־הַשְּׂנוּאָ֜ה יַכִּ֗יר לָ֤תֶת לוֹ֙ פִּ֣י שְׁנַ֔יִם בְּכֹ֥ל אֲשֶׁר־יִמָּצֵ֖א ל֑וֹ כִּי־הוּא֙ רֵאשִׁ֣ית אֹנ֔וֹ ל֖וֹ מִשְׁפַּ֥ט הַבְּכֹרָֽה׃ {ס}        

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Parasha Commentary

The Law of the Firstborn's Double Portion

The verse (Devarim 21:17) establishes the halachic principle that a father must grant the firstborn son a double portion of his inheritance, even if that son is from the "hated" wife (as Rashi clarifies, this refers to a less favored wife, not actual hatred). This mitzvah applies regardless of the father's personal feelings toward the mother or the son.

Rashi's Explanation

Rashi emphasizes that the Torah uses the term "שנואה" (hated) to teach that even if the firstborn comes from the less favored wife, the inheritance laws remain unchanged. The father cannot show favoritism in inheritance matters based on his personal relationships.

Rambam's Halachic Perspective

In Hilchos Nachalos (2:11), Rambam codifies this law, stating that the firstborn receives two portions compared to other sons. For example, if there are three sons, the estate is divided into four parts, with the firstborn receiving two parts and the others one each.

Midrashic Insights

The Midrash (Sifrei Devarim 217) connects this verse to the concept of "ראשית אונו" (the beginning of his strength), explaining that the firstborn represents the father's initial creative power and vitality, thus deserving special recognition.

Talmudic Discussion

The Talmud (Bava Basra 122b-123a) discusses several aspects of this law:

  • The double portion applies only to property owned by the father at time of death
  • If the firstborn dies before the father, his children inherit his double portion
  • This law applies only to sons, not daughters

Philosophical Significance

The Kli Yakar explains that this law teaches the importance of objective justice over subjective emotions. Even when human nature might favor one child over another, the Torah mandates equitable treatment in matters of inheritance to maintain family harmony and divine justice.

📚 Talmud Citations

This verse is quoted in the Talmud.

📖 Bava Batra 124a
The verse is discussed in the context of the laws of inheritance, specifically regarding the double portion that a firstborn son is entitled to receive.
📖 Sanhedrin 8a
The verse is referenced in a discussion about the rights of the firstborn and the implications of the father's acknowledgment of the firstborn son.

Frequently Asked Questions

Q: What does Deuteronomy 21:17 mean about the firstborn son?
A: Deuteronomy 21:17 teaches that a father must recognize the firstborn son's rights, even if the mother is 'the hated one' (a term referring to a less favored wife). The firstborn receives a double portion of the inheritance as a sign of his status as the 'beginning of his father's strength' (Rashi, Rambam). This law ensures fairness in family inheritance.
Q: Why does the Torah mention 'the son of the hated one' in this verse?
A: The phrase 'son of the hated one' refers to a situation where a man has two wives—one loved and one less favored (Rashi). The Torah emphasizes that even if the firstborn comes from the less favored wife, his inheritance rights cannot be ignored. This prevents favoritism and upholds justice in family law (Talmud, Bava Batra 126b).
Q: What is the 'double portion' for the firstborn in Deuteronomy 21:17?
A: The 'double portion' means the firstborn son inherits twice as much as his brothers. For example, if there are two sons, the firstborn gets two-thirds, and the other gets one-third (Rambam, Hilchot Nachalot 2:1). This honors his status as the 'beginning of his father's strength' (Devarim 21:17).
Q: Does the firstborn son always get a double portion today?
A: In traditional Jewish law (Halacha), the laws of firstborn inheritance still apply, but in practice, inheritance is often handled differently due to modern legal systems. However, the Torah's principle—honoring the firstborn's status—remains important in Jewish thought (Shulchan Aruch, Choshen Mishpat 277).
Q: What lesson can we learn from Deuteronomy 21:17?
A: This verse teaches fairness and the importance of upholding justice, even in family matters. A father cannot favor one son over another based on personal feelings toward the mother (Rashi). The Torah ensures that the firstborn's rights are protected, reinforcing ethical behavior in family relationships (Midrash Tanchuma).