Pisqa’ 216²²

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.

footnotes: ²² H:227-228; JN2:119.

“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.²³ 217.4.

footnotes: ²³ Cf. M. Bech.8:9 and Pisqa’

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].