Translation:Shulchan Aruch/Choshen Mishpat/277

Paragraph 1- A firstborn takes double of his father’s properties. How so? If a father had five sons, and one was a firstborn, the firstborn would receive 1/3 of the money, and each of the four non-firstborns would receive 1/6. If he had nine sons, the one firstborn would take 1/5, and each of the eight non-firstborns would take 1/10. This formula is used for all divisions.

Paragraph 2- The firstborn would take these two portions together on one side of the border.

Paragraph 3- A firstborn that was born after his father died would not receive double. If his forehead emerged while his father was still alive, even if his whole head did not emerge into the world until after his father died, he would receive double. There are those who say that if the child was born while the father was dying he would not receive double.

Paragraph 4- If a firstborn was born with ambiguous genitalia, and they then tore open and he was discovered to be a male, he would not take double. Similarly, if a non-firstborn tore open and was discovered to be male, he would not decrease the firstborn’s portion, because the verse states, “and sons are born to him,” meaning he must be a son from the time of birth. How does he not decrease the firstborn’s portion? If the deceased had a firstborn son and two non-firstborn sons and this child with ambiguous genitalia that was torn open and discovered to be male, the firstborn would take ¼ of the money as a firstborn portion, as if he only had two non-firstborn brothers, and the remaining ¾ would be split equally between the two non-firstborns, the torn-open male and the firstborn.

Paragraph 5- A one-day old child would decrease the firstborn-share. A fetus, however, would not. A son born after the father died would not decrease the firstborn-share.

Paragraph 6- A child who is born after stillbirths, even if the stillborn fetus’ head came out alive, would be a firstborn for purposes of inheritance. Similarly, if a nine-month fetus came out dead, a child that follows him would be a firstborn for purposes of inheritance because this that the verse states “the first of his vigor,” means that no child was born before him that came into the world alive. Thus, if a nine-month fetus came out alive with most of his head, a child that follows would not be a firstborn.

Paragraph 7- A child born via cesarean and the child that comes after him would not be firstborn. The first would not be because he was not born and the verse states, “and children were born to him.” The second is not a firstborn because his brother came first.

Paragraph 8- A firstborn for inheritance is one who was born first to the father, as the verse states, “because he is the first of his vigor.” We do not concern ourselves with the mother, even if she gave birth to many children. Because this child was his father’s first, he would inherit double.

Paragraph 9- If one had children while he was a gentile and he then converted, he would have no firstborn for inheritance. If a Jew had a son from a maidservant or gentile, however, because the child is not called his son, the son that follows from a Jew would be a firstborn for inheritance and would take double.

Paragraph 10- If one had an illegitimate firstborn, the child would take double because the verse states, “rather, he must accept the firstborn of the hated,” which refers to a child born from a hated marriage. It goes without saying this is true in the case of the kohen son of a divorcee or one who had chalitza done.

Paragraph 11- If we are uncertain about a child whether he is a firstborn or not, such as where he was mixed up with another child, he would not take double. What would they do? If the children were known at one point but later got mixed up, they would write a power of attorney to each other and take the firstborn portion. If they were never recognized, such as where they were born in a hidden place, they would not take a firstborn portion. A child who is unclear whether he was born at nine months to the first husband or at seven months to the second husband, would not inherit either of the fathers. The child that comes after him would not take a firstborn portion, even if he had power of attorney from the uncertain child.

Paragraph 12- Three people are believed to say who is a firstborn: the midwife, the mother and the father. The midwife is believed immediately in that if she said this child came out first, she would be believed. The mother is believed all seven days following birth to say this is the firstborn. The father is always believed. Even if he said it on someone who was not established to be his son at all that he is his son and he is his firstborn, he would be believed. Similarly, if he says on one who was established as his firstborn that he is not his firstborn, he would be believed. If, however, he said one time that one of his sons was the firstborn, he cannot say later that a different son is the firstborn.

Paragraph 13- If witnesses heard one say, “so and so, my son, my firstborn,” that son would take double. If he said “so and so, my son is a first born,” he would not take double because he may have been saying he is his mother’s firstborn. If he says other words that demonstrate he intended to say he was a firstborn to the father, he would take double, such as where he said, “so and so, my son is a firstborn, his saliva heals eye-sickness,” because we have a tradition that the saliva of a father’s firstborn heals and not a mother’s firstborn. The same would be true if the firstborn died and the father mentions his eulogy, “woe on my firstborn son.”

Paragraph 14- If a father went mute, we would check him the way we check for divorce documents. If he motioned or wrote that this son is a firstborn, they would take double.

Paragraph 15- If one had two sons, one who was firstborn and one who was not, and they both died in his lifetime, and they were survived by children- the firstborn was survived by a daughter and the non-firstborn was survived by a son, the son of the non-firstborn would inherit 1/3 of his grandfather’s property, which is his father’s portion, and the firstborn’s daughter would inherit 2/3, which is her father’s portion.