Jewish Law

Lesson # 510 - Objects Part of the Primogeniture Estate

When Yaakov, the father dies, he owes the ketuba to his widow. If the widow then dies prior to having commenced the procedure to collect the ketuba, the amount of the ketuba is included in the primogeniture portion of the estate. However, once the widow has commenced proceedings to collect her ketuba from her deceased husband’s estate, if she then dies before collecting the ketuba, the proceeds are not subject to the laws of primogeniture, but are divided equally among Yaakov’s heirs.

Yaakov the father is a kohen and as such is entitled to certain portions of every animal that is slaughtered. Naftali, one of the father’s friends, slaughters an animal and then the father dies. The portion of the animal that Naftali gives to Yaakov’s estate is included in the estate for the purpose of determining the firstborn’s primogeniture portion.

Real estate held by the father at the time of his death is included in the primogeniture portion, even if it is mortgaged.

Personal property of the father held by others either on loan to them or leased to them or being held for them by a bailee, whether paid or unpaid, is deemed to be owned and held by the father and is subject to the laws of primogeniture. If a third party is holding an animal belonging to the father and the animal gives birth to a calf there is a difference of opinion as to whether the firstborn has a primogeniture portion in the calf.

Animals left by Yaakov, the father, are subject to the laws of primogeniture and if he left three sons when he died, the first born will have the use of the animal two days and each of the other brothers one day.

Business investments and shares owned in business are part of the primogeniture portion. However, wages owed to the father or rent due to the father are not deemed to be in his possession and are not subject to the laws of primogeniture. Objects stolen from the father before he died and which he did not abandon hope of recovering are part of the primogeniture portion because his ownership never ceased. Similarly, real estate that is held by others by force against the wishes of the father are part of the primogeniture portion since real estate cannot be stolen.

The objects subject to the laws of primogeniture must be owned by the father at the time of his death and in his possession or constructive possession. It does not apply to any objects in which the father had only an expectancy. If the father is survived by his father, and the father’s estate inherits objects from the father’s father, these objects are not subject to the laws of primogeniture, since this was but an expectancy when the father died. Similarly, if the father had a debt owed to him that was not collected while the father was alive, and is repaid after the father dies, such money are not included in the laws of primogeniture since the moneys were not in the possession of the father; moneys are loaned for the purpose of being spent.

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