Pisqa’ 21622H:227-228; JN2:119. 1. “So when the day comes to bequeath to his sons” (Dt.21:16). Bequests are distributed by day, but they are not distributed by night.
“That which is to be his” (Dt.21:16)— is to be his, teaches that the son takes, as his inheritance from his father’s estate, both its anticipated income and its current holdings.23Cf. M. Bech.8:9 and Pisqa’ 217.4.
2. “He is unable to transfer the right of the First-born” (Dt.21:16)— this teaches that the father has no right to transfer the status of the First-born [to another son by a different wife]. Is it possible to say that, while the father has no right to transfer the status of the First-born, if he does so, it is done? The Teaching states: “He is unable to transfer the right of the First-born” (Dt.21:16)— thus, if the father does transfer this status, it is not [effectively] done.
“To the son of the favored wife” (Dt.21:16)— as soon as the First-born’s head and most of his body emerge alive, he exempts any brother born after him [even of a different mother] from [exercising the right of] the First-born.
“Instead of to the son of the rejected wife, the rightful First-born” (Dt.21:16)— even though the First-born son belongs to the rejected wife, [his father cannot transfer First-born status to his son by a favored wife].
(דברים כא טז) וְהָיָה בְּיוֹם הַנְחִילוֹ אֶת בָּנָיו, בַּיּוֹם מַפִּילִים נַחֲלוֹת וְאֵין מַפִּילִים נַחֲלוֹת בַּלַּיְלָה.
Pisqa’ 21622H:227-228; JN2:119.
1. “So when the day comes to bequeath to his sons” (Dt.21:16).
Bequests are distributed by day,
but they are not distributed by night.
אֵת אֲשֶׁר יִהְיֶה לוֹ, מְלַמֵּד שֶׁהַבֵּן נוֹטֵל בָּרָאוּי כְּבַמֻּחְזָק.
“That which is to be his” (Dt.21:16)—
is to be his, teaches that the son takes,
as his inheritance from his father’s estate,
both its anticipated income and its current holdings.23Cf. M. Bech.8:9 and Pisqa’ 217.4.
לֹא יוּכַל לְבַכֵּר, מְלַמֵּד שֶׁאֵינוֹ רַשַּׁי לְבַכֵּר. יָכוֹל לֹא יְבַכֵּר, וְאִם בִּכֵּר – יְהֵא מְבֻכָּר? תַּלְמוּד לוֹמַר: לֹא יוּכַל לְבַכֵּר, הָא אִם בִּכֵּר – אֵינוֹ מְבֻכָּר.
2. “He is unable to transfer the right of the First-born” (Dt.21:16)—
this teaches that the father has
no right to transfer the status of the First-born
[to another son by a different wife].
Is it possible to say that,
while the father has no right to transfer the status of the First-born,
if he does so, it is done?
The Teaching states:
“He is unable to transfer the right of the First-born” (Dt.21:16)—
thus, if the father does transfer this status,
it is not [effectively] done.
אֶת בֶּן הָאֲהוּבָה, כֵּיוָן שֶׁיָּצָא רֹאשׁוֹ וְרֻבּוֹ בַּחַיִּים – פּוֹטֵר אֶת הַבָּא אַחֲרָיו מִן הַבְּכוֹרָה.
“To the son of the favored wife” (Dt.21:16)—
as soon as the First-born’s head
and most of his body emerge alive,
he exempts any brother born after him
[even of a different mother]
from [exercising the right of] the First-born.
עַל פְּנֵי בֶן הַשְּׂנוּאָה הַבְּכֹר – אַף עַל פִּי שֶׁבֵּן הַבְּכוֹר לַשְּׂנוּאָה.
“Instead of to the son of the rejected wife, the rightful First-born” (Dt.21:16)—
even though the First-born son belongs to the rejected wife,
[his father cannot transfer First-born status to his son by a favored wife].