Birthright

or PRIMOGENITURE, the right of the first-born or eldest son. The birthright, or right of primogeniture, had many privileges annexed to it. The first-born was consecrated to the Lord, Exo 22:29; had a double portion of the estate allotted him, Deu 21:17; had a dignity and authority over his brethren, Gen 49:3; succeeded in the government of the family or kingdom, 2Ch 21:3; and, as some with good reason suppose, in ancient times to the priesthood or chief government in matters, ecclesiastical. Jacob, having bought Esau’s birthright, acquired a title to the particular blessing of his dying father; and, accordingly, he had consigned to him the privilege of the covenant which God made with Abraham, that from his loins the Messiah should spring; a prerogative which descended to his posterity. Reuben forfeited the blessings of his birthright, as we see by the express declaration of his father Jacob, in his benediction of his children, Gen 49:1, &c, for the crime of incest with his father’s concubine, on account of which his tribe continued all along in obscurity; while the priesthood was conferred on Levi, the government on Judah, and the double portion on Joseph, to descend to their respective tribes. And this preeminence of the first born took place from the beginning, and as much belonged to Cain, before his forfeiture of it, as it did to Reuben before his. See Gen 4:7; Gen 49:3. Thus the patriarchs, Abraham, Isaac, and Jacob, offered sacrifices, and were priests as well as kings in their respective families, Gen 12:7-8; Gen 13:18; Gen 17:7; Gen 26:25; Gen 31:54; Gen 35:7. Job, in Arabia, acted in the same capacity, Job 1:5; and it is highly probable that, among the ancient Heathen nations in general, the first-born were entitled not only to the civil authority, but also to the priesthood. This seems to have been the case in Egypt, in the time of Moses: and hence Jehovah’s destroying their first- born, as it was the last miracle wrought in that country before the Exodus, so was it the most dreadful, and most effectual in prevailing on Pharaoh and the Egyptians to dismiss the Israelites.

This term denotes the rights or privileges belonging to the first-born among the Hebrews. The particular advantages which these conferred were the following—

1. A right to the priesthood. The first-born became the priest in virtue of his priority of descent, provided no blemish or defect attached to him. Reuben was the first-born of the twelve patriarchs, and therefore the honor of the priesthood belonged to his tribe. God, however, transferred it from the tribe of Reuben to that of Levi (Num 3:12-13; Num 8:18). Hence the first-born of the other tribes were redeemed from serving God as priests, by a sum not exceeding five shekels. Being presented before the Lord in the temple, they were redeemed immediately after the thirtieth day from their birth (Num 18:15-16; Luk 2:22). It is to be observed, that only the first-born who were fit for the priesthood (i.e. such as had no defect, spot, or blemish) were thus presented to the priest.

2. The first-born received a double portion of his father’s property. There is some difficulty in determining precisely what is meant by a double portion. Some suppose that half the inheritance was received by the elder brother, and that the other half was equally divided among the remaining brethren. This is not probable. The Rabbins believe that the elder brother received twice as much as any of the rest: and there is no reason to doubt the correctness of this opinion. When the first-born died before his father’s property was divided, and left children, the right of the father descended to the children, and not to the brother next of age.

3. He succeeded to the official authority possessed by his father. If the latter was a king, the former was regarded as his legitimate successor, unless some unusual event or arrangement interfered.

After the law was given through Moses, the right of primogeniture could not be transferred from the first-born to a younger child at the father’s option. In the patriarchal age, however, it was in the power of the parent thus to convey it from the eldest to another child (Deu 21:15-17; Gen 25:31-32).

It is not difficult to perceive the reason why the first-born enjoyed greater privileges than the rest of the children. The peculiar honor attaching to them is easily accounted for. They are to be viewed as having reference to the Redeemer, the first-born of the Virgin. Hence in the Epistle to the Romans (Rom 8:29), it is written concerning the Son, ’that he might be the firstborn among many brethren;’ and in Col 1:18, ’who is the beginning, the first-born from the dead; that in all things he might have the preeminence’ (see also Heb 1:4-6) As the firstborn had a double portion, so the Lord Jesus, as Mediator, has an inheritance superior to His brethren; He is exalted to the right hand of the Majesty on high, where He reigns until all His enemies shall be subdued. The universe is His rightful dominion in his mediatorial character. Again, He alone is a true priest: He fulfilled all the functions of the sacerdotal office; and the Levites, to whom, under the law, the priesthood was transferred from all the first-born of Israel, derived the efficacy of their ministrations from their connection with the great high-priest.

The privilege of the firstborn son. Among the Hebrews, as indeed among most other nations, the firstborn enjoyed particular privileges; and wherever polygamy was tolerated, it was highly necessary to fix them, Deu 21:15-17 . Besides the father’s chief blessing, Gen 27:1-46, and various minor advantages, the firstborn son was, first, specially consecrated to the Lord,\par Exo 13:11-16 22:29; and the firstborn son of a priest succeeded his father in the priestly office. Among the sons of Jacob, Reuben the firstborn forfeited the right of the firstborn, Gen 35:22 49:3,4, and God gave it to Levi, Num 3:12,13 8:18. Secondly, the firstborn was entitled to a share of his father’s estate twice as large as any of the other brethren received, Deu 21:17 . Thirdly, he succeeded to the official dignities and rights of his father, 2Ch 21:3 . In some of these privileges there is an allusion to Him, who is "the firstborn among many brethren," 1Ch 8:29 Col 1:18 Heb 1:2-6 . Universal dominion is his, and an everlasting priesthood.\par

Birthright. The advantages accruing to the eldest son. These were not definitely fixed in patriarchal times. Great respect was paid to him in the household, and, as the family widened into a tribe, this grew into a sustained authority, undefined save by custom, in all matters of common interest. Thus the "princes" of the congregation had probably rights of primogeniture. Num 7:2; Num 21:18; Num 25:14. Gradually, the rights of the eldest son came to be more definite:

(1) The functions of the priesthood in the family with the paternal blessing.

(2) A "double portion" of the paternal property was allotted by the Mosaic law. Deu 21:16-17.

(3) The eldest son succeeded to the official authority of the father.

The first-born of the king was his successor by law. 2Ch 21:3. In all these, Jesus was the first-born of the father.

A double portion fell to the firstborn, compare Deu 21:15-17, whence Joseph’s two sons, who received the birthright forfeited by Reuben the firstborn, were counted as heads of the tribes Ephraim and Manasseh (Gen 48:5-6; Gen 48:22; Gen 49:4; 1Ch 5:1). The "princes" of the congregation were so probably by primogeniture (Num 7:2; Num 21:18). The rebellion of the Reubenite leaders, Dathan and Abiram, may have arisen through jealousy at the preeminence which others enjoyed above them, Reuben their first father baring had originally the primogeniture; compare Num 16:1-2, with Num 26:5-9. Esau transferred his birthright to Jacob for a paltry mess of pottage, profanely setting at nought what was the spiritual privilege connected with it, the being progenitor of the promised Messiah (Gen 25:33; Heb 12:16-17).

It is striking how often God set aside the birthright, in order to show that the objects of His choice are "born not of bloods (Greek natural descents), nor of the will of the flesh, nor of the will of man, but of God" (Joh 1:13).Thus Isaac is preferred to Ishmael, Jacob to Esau, Joseph to Reuben, David to his elder brothers. Solomon to Adonijah the elder of the two (1Ki 2:15). Ordinarily the firstborn inherited the throne (2Ch 21:3), typifying Messiah the "first begotten" of the Father, "the Firstborn among many brethren," and Heir of all things (Rom 8:29; Heb 1:6). All the firstborn of Israel were claimed by Jehovah as His, He having saved them when Egypt’s firstborn were slain (Exo 22:29). He allowed them to be redeemed, and the tribe of Levi to serve Him in their stead (Num 3:12-13). The whole nation was God’s firstborn among all the peoples (Exo 4:22). The spiritual Israel in a still higher sense is "the church of the first born written in heaven" (enrolled as its citizens in the book of life) (Heb 12:23; Jas 1:18; Rev 14:1-4).

(בְּכוֹרָה, bekorah’; Sept. and N.T. τὰ πρωτοτόκια) denotes the special privileges and advantages belonging to the first-born (q.v.) among the I Hebrews. These were not definitely settled in the patriarchal times, but gradually became defined to include the following peculiar rights:

1. The functions of priesthood in the family. The eldest son naturally became the priest in virtue of his priority of descent, provided no blemish or defect attached to him. The theory that he was the priest of the family rests on no scriptural statement, and the rabbins appear divided on the question (see Hottinger’s Note on Goodwin’s Moses and Aaron, i, 1; Ugolini, 3:53). Great respect was paid to him in the household, and, as the family widened into a tribe, this grew into a sustained authority, undefined save by custom, in all matters of common interest. Thus the "princes" of the congregation had probably rights of primogeniture (Num 7:2; Num 21:18; Num 25:14). Reuben was the first-born of the twelve patriarchs, and therefore the honor of the priesthood belonged to his tribe. God, however, transferred it from the tribe of Reuben to that of Levi (Num 3:12-13; Num 8:18). Hence the firstborn of the other tribes were redeemed from serving God as priests by a sum not exceeding five shekels. Being presented before the Lord in the temple, they were redeemed immediately after the thirtieth day from their birth (Num 18:15-16; Luk 2:22). It is to be observed that only the first-born who were fit for the priesthood (i.e. such as had no defect, spot, or Llemish) were thus presented to the priest.

2. A " double portion" of the paternal property was allotted by the Mosaic law (Deu 21:15-17), nor could the caprice of the father deprive him of it. There is some difficulty in determining precisely what is meant by a double portion. Some suppose that half the inheritance was received by the elder brother, and that the other half was equally divided among the remaining brethren. This is not probable. The rabbins believe that the elder brother received twice as much as any of the rest, and there is no reason to doubt the correctness of this opinion. When the first-born died before his father’s property was divided, and left children, the right of the father descended to the children, and not to the brother next of age. Such was the inheritance of Joseph, his sons reckoning with his brethren, and becoming heads of tribes. This seems to explain the request of Elisha for a " double portion" of Elijah’s spirit (2Ki 2:9). Reuben, through his unfilial conduct, was deprived of the birthright (Gen 49:4; 1Ch 5:1). It is likely that some remembrance of this lost pre- eminence stirred the Reubenite leaders of Korah’s rebellion (Num 16:1-2; Num 26:59). Esau’s act, transferring his right to Jacob, was allowed valid (Gen 25:33).

3. The first-born son succeeded to the official authority possessed by his father. If the latter was a king, the former was regarded as his legitimate successor, unless some unusual event or arrangement interfered (2Ch 21:3). After the law was given through Moses, the right of primogeniture could not be transferred from the first-born to a younger child at the father’s option. In the patriarchal age, however, it was in the power of the parent thus to convey it from the eldest to another child (Deu 21:15-17; Gen 25:31-32). David, nevertheless, by divine appointment, excluded Adonijah in favor of Solomon, which deviation from rule was indicated by the anointing (Goodwin, 1. c. 4, with Hottinger’s notes). The first-born of a line is often noted in the early scriptural genealogies, e.g. Gen 22:21; Gen 25:13; Num 26:5, etc.

4. The Jews attached a sacred import to the title of primogeniture (see Schottgen, Hor. Hebr. i, 922), and this explains the peculiar significance of the terms "first-born" and "first-begotten" as applied to the Messiah. Thus in Rom 8:29, it is written concerning the Son, " That he might be the first-born among many brethren;" and in Col 1:18, "Who is the beginning, the first-born from the dead; that in all things he might have the pre-eminence" (see also Heb 1:4-6). As the first-born had a double portion, so the Lord Jesus, as Mediator, has an inheritance superior to his brethren; he is exalted to the right hand of the Majesty on high, where he reigns until all his enemies shall be subdued. The universe is his rightful dominion in his mediatorial character. Again, he alone is a true priest; he fulfilled all the functions of the sacerdotal office; and the Levites, to whom, under the law, the priesthood was transferred from all the firstborn of Israel, derived the efficacy of their ministrations from their connection with the great high-priest (Jahn’s Biblical Archeology, § 165). SEE PRIMOGENITURE.

Birthright. Gen 25:31. The first-born son among the Jews enjoyed special privileges above his brethren, and these privileges were hence called his birthright, or his right by birth. Among these privileges were: great dignity, Gen 49:3; a double portion of his father’s estate, Deu 21:17; and, in the royal families, usually succession to the kingdom, 2Ch 21:3; consecration to the Lord, Exo 22:29. In consequence of this fact—that God had taken the Levites from among the children of Israel, instead of all the first-born, to serve him as priests—the first-born of the other tribes were to be redeemed at a valuation made by the priest, not exceeding five shekels, from serving God in that capacity. Num 18:15-16; comp. Luk 2:22 ff.—Horne’s Introduction. The eldest son seems to have been regarded, in the father’s absence, as in some respects his representative. A father might direct how his property should be distributed after his death, hough it interfered with ordinary customs; but we hear nothing of the will in a technical sense in the Bible, until we come to the epistle to the Galatians. Daughters were generally left portionless, it being expected that they would be provided for by the eldest brother or by their husbands. When there were no sons, however, they became joint heirs of their father’s estate, providing they did not marry outside the family line. Even then they might claim their portion if the husband took the family name of his wife. In cases where there were only daughters in the family, and they unmarried, their names were entered in the registers of families as representatives of the father’s house. See Bissell’s Biblical Antiquities. The paternal blessing was also in a peculiar sense the right of the first-born, though the right itself and all the blessings of it might be forfeited or transferred, as in the case of Jacob and Esau, Gen 25:33; Reuben and Joseph, 1Ch 5:1. But by whomsoever enjoyed, it was regarded as invested with great dignity and superiority. The Jews attached a sacred import to the title "first-born." Hence the peculiar force and appropriateness of the titles "first-born," "first-begotten," given to the divine Redeemer. Rom 8:29; Col 1:18; Heb 1:2; Heb 1:4; Heb 1:6.

By: Morris Jastrow, Jr., B. Eerdmans, Marcus Jastrow, Louis Ginzberg

—Biblical Data:

The right of possession into which the eldest son is born. The first son born to the father occupied a prominent place in the Hebrew family (Gen. xxvii. 19, xxxv. 23, xli. 51, xlix. 3; II Sam. iii. 2). Such a one is the "first-born" in the proper sense, and is to be distinguished from sons who are "first-born" merely in the sense of being the first child born to one of the several wives that men might have (Ex. xiii. 2, 12, xxii. 28; xxxiv. 19; Num. xviii. 15).

The first-born son took rank before his brothers and sisters (Gen. xxvi. 31, 32; xliii. 33). Usually the father bequeathed to him the greater part of the inheritance, except when a favored wife succeeded in obtaining it for one of her sons (Gen. xxvii.; I Kings xi. 11-13). In early days the will of the father fixed the part of the chief heir, but the law of Deuteronomy demands for him a double portion of all the possessions and forbids favor being shown to a younger son (Deut. xxi. 15-17). After the death of the father the first-born son was the head of the family; he had to provide for the widows of his father and for his unmarried sisters, since they ordinarily did not have any hereditary rights. The later rabbinical law (Ket. 68a) obliges him to give a dowry when one of them was to be married. The old law claims all the first-born sons (in the larger sense, "whatever opens the womb") for Yhwh (Ex. xiii. 2, xxii. 29). Some explain this by ascribing a certain sacredness to the first-born (Benzinger, "Arch." p. 470); others suppose that the elders were obliged to consecrate them as "nazir" (Smend, "A.-T. Religionsgesch." p. 276). But from Ex. xiii. 12, xxii. 29; Ezek. xx. 25, 26, it is evident that they were to be set aside as an offering for the Deity. It is possible that such offerings were brought in the oldest times, but very soon it became customary to offer an animal instead of the child (Gen. xxii.); and the later law obliges the father to redeem the child (Ex. xiii. 13; xxxiv. 20) for five shekels (Num. iii. 47; xviii. 15). See Family; First-Born, Redemption of; Junior Right; Primogeniture.

Bibliography:

Jacobs, Studies in Biblical Archeology, iii.;

Benzinger, Hebr. Archäologie, pp. 354-355;

Nowack, Hebr. Archäologie, i. 348-350.

—In Rabbinical Literature:

The Talmud recommends, as a rule of education, that a father should never show any preference for one of his children over the others, and points to the unhappy relations between Joseph and his brothers as illustrating the disastrous consequences that may followif one child is privileged (Shab. 10b). The prerogatives of the first-born, as the real head of the family after the father's death, were, however, so deeply rooted in the domestic life of the Jews that the Rabbis could not attempt to make any changes here. In connection with inheritance the expression "first-born" refers only to the ("the first-born son of the father"), and not to the ("the first-born of the mother"); although the latter had many advantages in ritual matters (compare First-Born) which the former could not claim (Bek. viii. 1; B. B. 126b). The always had the rights of the first-born, whether he were a legitimate or an illegitimate son, and even if he were a Bastard (Yeb. ii. 5; Gem. ib. 23a; Sifre, Deut. 215), although the Roman law, on the contrary, distinguished between legitimate and illegitimate children in connection with the law of inheritance (Köppen, "System des Heutigen Römischen Erbrechts," p. 171). The right of the first-born was also possessed by the child that was preceded by a miscarriage, either of a fully developed but still-born infant or one dying just after birth (Bek. viii. 1; Gem. 46b), whereas a child born under such conditions could not be considered a "mother's first-born" (Bek. l.c.). In order to enjoy the primogeniture, the first-born had to be born naturally; hence, that child was excluded at whose birth artificial means were employed; e.g., the Cæsarean operation (Bek. viii. 2). A son, however, whose father had previously had children by a slave or a non-Jewess, had the full rights of the first-born; for, according to Talmudic law, these children were in no wise related to their father (Bek. viii. 1; compare "Maggid Mishnah" on Maimonides, "Yad," Naḥalot, ii. 12).

Identification of the First-Born.

In doubtful cases, especially with twins, where the primogeniture was not certain, the three following persons were entitled to determine it; viz., the midwife, the mother, and the father, who, however, were not equally privileged as regards the term of the availability of their testimony. The midwife could testify only immediately after the delivery; the mother, only during the first seven days after the birth; while the father was entitled to do so from the eighth day after the birth—i.e., the day of the circumcision—onward (Ḳid. 74a).

The father's identification of the first-born was most important; for, in case there were no witnesses, only he was the first-born whom the father recognized as such, even should it be contrary to the general presumption () (B. B. 127b; Sifre, Deut. 216). Even if the father merely by an incidental remark indicated that such a one was his first-born, the latter had the primogeniture (B. B. 126b). Any doubt as to priority of birth debarred from rights of primogeniture, the rule ("moneys of doubtful ownership must be divided between the claimants") not being observed here (B. B. 127a). The birthright belonged not only to the first-born, but also to his descendants; so that if A, the first-born of B, died during B's lifetime leaving a daughter, C, this daughter entered upon the full rights of A at B's death (B. B. 117a). A posthumous child, however, is excluded from the primogeniture, although a son so born has a part in the heritage. Thus, if two sons of the same mother or of two wives were born after the father's death, the estate is divided between them in equal shares. If there are five sons besides the posthumous one, the first-born receives as his birthright , 1/6 and for his ordinary share —like the other brothers—5/36, making 11/36 of the property (B. B. 142).

Division of Property.

The first-born receives a double share of the real and personal estate (B. B. 122b, below; Sifre, Deut. 217). In the division of the real estate by lots, the first-born has the right to claim as the second share the lot adjoining the first share that fell to him (Ḥoshen Mishpaṭ, 277, 2; 174, 2; compare B. B. 12b). The birthright includes only the property the father had in his possession at his death, and not that added later to the estate, either by inheritance or by the collection of debts (B. B. 124a, b; Tosef., Bek. vi. 15).

(Lampronti, 'Paḥad Yiẓḥaḳ," letter א, p. 25e)

In recent times the question has often been raised as to whether government bonds should be considered as outstanding debts in regard to the birthright. Ezekiel Landau regarded stocks and bonds as ordinary promissory notes, since they were subject to the fluctuations in the market; but compare Isaac Elhanan Spector's responsum in M. Horwitz, "Maṭṭeh Lewi," p. 48, Frankfort-on the Main, 1891. It is also a matter of discussion whether, in case a father left assets and liabilities and also ready money sufficient to cover his debts, these should be paid out of his assets or out of the ready money; in the first case, the eldest son would receive a double share of the ready money; in the second, he would receive none of the assets. Most of the authorities have decided this case against the first-born.

Nor does the first-born receive a double share of any improvements () of the estate if the heirs have contributed to it with their own labor or cost (B. B. 124a). (If the father stipulated before his death that the heritage should remain intact for a certain period, then the "bekor" receives also a double share of the profits that have accrued in the business, because he has been obliged to assist in maintaining it (Lampronti, l.c.). The birthright extends only to the estate of the father, and not to that of the mother or of the brothers or sisters (B. B. viii. 4).

Although the father can not directly deprive his first son of the right of primogeniture, he is at liberty to divide his whole property during his lifetime; thus making the share of the first-born equal to that of the other sons, or passing him over entirely (B. B. viii. 5; Gem. ib. 126b). According to Naḥmanides on Deut. xxi. 16, a father violates a religious law if he does not make provision for his first-born to come into his rights. In accordance with this opinion in countries where the law does not recognize the rights of primogeniture, it is a father's religious duty to make special provision on this point (see Spector, in M. Horwitz, ib.). When the first-born enters upon his inheritance, it is his duty to contribute a double share to the payment of his father's private debts; he may, however, renounce his birth-right, and thus be free of the obligation (B. B. 124a). Compare First-Born, Inheritance.

Bibliography:

Shulḥan 'Aruk, Ḥoshen Mishpaṭ, 277-288;

Kirsch, Der Erstgeborene nach Mosaisch-Talmud. Recht, Frankfort-on-the-Main, 1901;

Maimonides, Yad, Naḥalot, i.-iii.;

Saadia, Sefer ha-Yerushot, ed. Müller, vol. ix. of Œuvres Complètes de Saadia.

BIRTHRIGHT.—See Firstborn.

bûrth´rı̄t (בּכרה, b^ekhōrāh, from b^ekhōr, “firstborn”; πρωτοτόκια, prōtotókia): Birthright is the right which naturally belonged to the firstborn son. Where there were more wives than one, the firstborn was the son who in point of time was born before the others, apparently whether his mother was a wife or a concubine. Sarah protests against Ishmael being heir along with Isaac, but it is possible that the bestowal of the rights of the firstborn on Isaac was not due to any law, but rather to the influence of a favorite wife (Gen 21:10). The birthright of the firstborn consisted in the first place of a double portion of what his father had to leave. This probably means that he had a double share of such property as could be divided. We have no certain knowledge of the manner in which property was inherited in the patriarchal age, but it seems probable that the lands and flocks which were the possession of the family as a whole, remained so after the death of the father. The firstborn became head of the family and Thus succeeded to the charge of the family property, becoming responsible for the maintenance of the younger sons, the widow or widows, and the unmarried daughters. He also, as head, succeeded to a considerable amount of authority over the other members. Further, he generally received the blessing, which placed him in close and favored covenant-relationship with Yahweh. According to the accounts which have come down to us, all these gifts and privileges could be diverted from the firstborn son. This could happen with his own consent, as in the case of Esau, who sold his birthright to Jacob (Gen 25:29-34), or by the decision of the father, as in the case of Reuben (Gen 48:22; Gen 49:3, Gen 49:4; 1Ch 5:1, 1Ch 5:2) and of Shimri (1Ch 26:10). In the Deuteronomic version of the law, a provision is made, prohibiting the father from making the younger son the possessor of the birthright, just because his mother was specially beloved (Deu 21:15-17). The blessing also could be diverted from the eldest son. This was done when Jacob blessed the children of Joseph, and deliberately put the younger before the elder (Gen 48:13, Gen 48:14, Gen 48:17-19); even when the blessing was obtained by the younger son in a fraudulent manner, it could not be recalled (Gen 27). Jacob does not appear to have inherited any of the property of his father, although he had obtained both the birthright and the blessing.

In the New Testament “birthright,” prototokia, is mentioned only once (Heb 12:16), where the reference is to Esau. In various passages where our Lord is spoken of as the firstborn, as in Col 1:15-19; Heb 1:2, the association of ideas with the Old Testament conception of birthright is easy to trace. See also FIRSTBORN; FAMILY; HEIR; INHERITANCE; LAW.

See First-born.

Heb 12:16 (a) This is an illustration of that to which every believer is entitled, the very best of Heaven and the sweetest blessings of earth. When a person becomes GOD’s child through faith in CHRIST JESUS, he receives certain birthright privileges and the Lord wants him to take hold of these and to possess them in his daily life.