Chapter 3 The Firstborn’s Rights in Specific Assets

Overview

This chapter clarifies which assets the firstborn (bechor) receives a double portion from, and which he does not. It addresses property held by the father at death versus property expected later, cases of appreciation, loans, sales before division, and the rights of a brother performing yibbum (levirate marriage).

Numbered Halachot with Summaries

Halacha 1 – Only Existing Assets Count

The firstborn receives double only from assets held by the father at death, not from property expected later (e.g., inheritance from others, loans, ships at sea). These are divided equally.

Halacha 2 – Livestock and Offspring

If the father left a rented or grazing cow that gave birth, the firstborn takes double in the cow and its offspring.

(Raavad disagrees; rules follow Rabbi, not accepted.)

Halacha 3 – Slaughtered Animal Gifts

If someone slaughtered an animal belonging to the father before his death, the firstborn takes double in the priestly gifts from that animal.

Halacha 4 – Appreciation After Death

The firstborn does not take double in value added after death due to change (e.g., grain ripening, dates forming). He pays the extra to his brothers.

• If growth was natural without change (tree thickening, land improving), he takes double.
• If improvement was due to expense, he does not take double.

Halacha 5 – Loans

The firstborn does not take double in loans, even documented. If land was collected for the debt, it is shared equally. If the loan was in the firstborn’s possession, he takes half of the extra share due to doubt.

Halacha 6 – Sale Before Division

If the firstborn sold his extra share before division, the sale stands.
If he divided equally with brothers in some assets without protest, he waived his right for the rest.
If he protested, his right remains.

• Examples: dividing grapes vs. wine—timing and protest matter.

Halacha 7 – Yibbum and Inheritance

A brother who performs yibbum inherits all his deceased brother’s existing assets. For property expected later, he is equal to other brothers. He does not take double in appreciation after death.

Halacha 8 – Division Method for Yibbum

The yavam takes his brother’s share by lot. If the lot gives two separate areas, he takes both.

Halacha 9 – Shomeret Yavam Who Dies

If a woman awaiting yibbum (levirate marriage) dies—even if one of the brothers performed ma’amar (formal betrothal): Her father’s family inherits her melog property (personal assets) and half of the iron sheep property (tzon barzel).

• Her deceased husband’s heirs inherit her ketubah along with the other half of the iron sheep property.
• The husband’s heirs are responsible for her burial, since they inherit her ketubah, as explained elsewhere.

Summary Table