Laws of Inheritance – Chapter 2 The Firstborn’s Double Portion

Overview

This chapter explains the Torah law granting the firstborn son (bechor) a double portion of his father’s estate, the conditions for eligibility, exceptions, and verification of firstborn status. It also clarifies cases involving uncertain birth order, special circumstances, and testimony.

Numbered Halachot with Summaries

Halacha 1 – Basic Rule of Double Portion

The firstborn son receives twice the share of any other son in his father’s estate. Example:

• 5 sons → bechor gets ⅓, others get ⅙ each.
• 9 sons → bechor gets ⅕, others get ⅒ each.

Halacha 2 – Born After Father’s Death

A child born after the father’s death does not receive a double portion. If the head emerged during the father’s lifetime—even if full birth occurred after death—he qualifies.

Halacha 3 – Tumtum or Uncertain Gender

A child whose gender was unknown and later revealed as male does not receive double. Similarly, a regular son discovered late does not reduce the bechor’s share.

Halacha 4 – Example of Non-Reduction

If a bechor and two regular sons exist, and a tumtum later proves male, the bechor still gets his full extra share as if only two brothers existed; the remainder is divided equally among all.

Halacha 5 – Infant vs. Fetus

A newborn—even one day old—reduces the bechor’s share. A fetus does not. A son born after the father’s death does not reduce the bechor’s share.

Halacha 6 – Uncertain Firstborn

If two babies were mixed and it’s unclear who is firstborn, neither gets double. If they were identified initially and later mixed, they write mutual authorizations and share the extra portion.

Halacha 7 – Descendants of Bechor

If both a bechor and a regular son die before their father, their heirs inherit their respective shares. The bechor’s heirs receive his double portion.

Halacha 8 – Mother’s Estate

The bechor does not receive double from his mother’s property; all children share equally.

Halacha 9 – Definition of Bechor for Inheritance

The bechor for inheritance is the father’s first son, regardless of the mother’s previous births.

Halacha 10 – After Stillbirths

A child born after a stillbirth is considered the firstborn for inheritance, provided no live child was born earlier.

Halacha 11 – Cesarean Birth

A child born by cesarean and the next child are both not bechor for inheritance.

Halacha 12 – Conversion Cases

If a man had children while non-Jewish and then converted, he has no bechor for inheritance. But if he had a child from a maidservant or non-Jewish woman, the next child from a Jewish woman is a bechor.

Halacha 13 – Illegitimate Firstborn

A bechor who is a mamzer still receives double, as the verse says “the firstborn son of the hated one.”

Halacha 14 – Who Can Testify

Three are trusted to identify the bechor:

• Midwife (immediately after birth)
• Mother (within 7 days)
• Father (always, even later)

Halacha 15 – Father Unable to Speak

If the father became mute, gestures or writing confirming bechor status are valid.

Halacha 16 – Indirect Testimony

If witnesses heard the father say something implying bechor status, it counts even without explicit wording.

Halacha 17 – Explicit Wording Required

If the father said “this is my son, the firstborn,” it is valid. If he only said “my firstborn” without specifying “my son,” it is not valid.

Summary Table