Jewish Law

Lesson # 509 (part 2) - Laws of Primogeniture

Assume that the father, Yaakov, died and there was a firstborn, Reuven. In most situations Reuven receives a double portion of the estate of the father. The estate of the father is divided into as many parts as there are sons plus one more (n+1) and the firstborn receives one portion and then all of the brothers including the firstborn receive one of the remaining portions. Assume that there are three sons, one of whom is Reuven the firstborn. The estate is divided into four parts (3+1) and the firstborn receives one part (one-quarter) and then he and the other two sons receive one-quarter each. Assume ten sons, including Reuven the firstborn. The estate is divided into eleven portions (10+1), one eleventh is given to Reuven. Then the remaining ten elevenths is divided among he ten sons including Reuven. Reuven thus receives two elevenths and other nine sons receive one-eleventh each.

In determining how many sons are to be included in the calculation for the primogeniture portion, only those sons who were born prior to the death of the father are included; however, sons born during their father’s lifetime but who predeceased their father ARE included.

Yaakov had three sons, Reuven the firstborn, Shimon and Levi. Levi predeceased Yaakov, leaving no children. When Yaakov dies his estate is divided into four parts (3+1), and Reuven the firstborn receives one part (one quarter) as his primogeniture portion. The remaining three quarters are divided between Reuven and Shimon (who are also the heirs of Levi), each receiving 37.5% of the estate. Reuven thus receives 62.5% of the estate.

Yaakov had two sons, Reuven the firstborn and Shimon, both having predeceased Yaakov. Reuven left a daughter Sarah, and Shimon left a son David. Sarah inherits two thirds of Yaakov’s estate and David inherits one third. Yaakov’s estate is divided into three parts (2+1). Two portions are given to Reuven and since he is not alive, his share goes to his heir Sarah. The remaining third goes to Shimon, and since he is not alive it goes to his heir David.

Any sons born after the father’s death are not included in the calculation regarding the primogeniture portion, but such afterborn sons are included in the calculation in dividing the balance of the estate.

If two portions to be received by the firstborn include items that are beneficial to be received contiguous to each other, the first born is entitled to select contiguous items for his double portion. For example, if the first born is to receive two portions of the real estate owned by the father and the other sons are to receive one portion each, the portions received by the firstborn should be contiguous to each other if the firstborn so desires.

I was asked if the firstborn receives a primogeniture share of his mother’s estate if he is her firstborn and also the firstborn of his father. He receives a portion of his mother’s estate equal to that of the other sons.

In the next lesson IYH we shall discuss what objects are part of the father’s estate for primogeniture purposes and which objects are not part of the estate for primogeniture purposes.

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