Question: Often, there are situations that are applicable only to the first born male of the family (various fasts, etc). Am I unmistaken in understanding that these rules are applicable to the first born in the family, whether the first born is a male (not the first male born into a family)?

Answer: In order to clarify that issue, we need to set up the parameters of the classification of being a b’chor (firstborn): Does it apply only to boys, or to girls as well? Does it only apply to the firstborn of a father, of the mother, or of both? Is the firstborn only the first child to be born in the family, or can it be the second as well?

One of the seminal works of Jewish law in the 20th century, Mishna Berura (470:4), asserts that the bible only dispenses the rare status of the firstborn to boys.

However, the questions of whether or not a firstborn needs to actually be the first child born, and whether or not the child must be the firstborn from the father or plus the mother, really depends on the situation.

You alluded to the the fast of the firstborn on the eve of Passover. It is interesting to note that that is actually not based on Biblical law, but is rather a custom that the Jewish society have adopted. It is observed as a remembrance of the miracle that the Jewish firstborn were spared in the Plague of the Firstborn in Egypt. Since it affected all firstborn, whether from the father or mother; there is a custom for both of these types of firstborn to fast.

Nevertheless, the operational definition of a firstborn is different with regard to the double-portion of inheritance. that can be found in Deuteronomy 21:15-17. The verse refers to him as

“reishit ono” – the father’s initial vigor, and “lo mishpat ha’bechora” – to him is the right of the firstborn. In other words, the first male issue of the father has firstborn rights. There is no specification that he be the first child born of the family (e.g whether a girl is born first, and a boy second, soon after he has the status of firstborn with respect to inheritance).

Finally, the Bible in Exodus 13:11-16, when discussing the law of the redemption of the firstborn, uses the terminology of “kol peter rechem” (the first issue of the womb). that would exclude all but the firstborn male of the mother.

It would come out from all of that that in cases of remarriage, a father could have more than one firstborn for redemption, but only one firstborn for inheritance; while a woman could be a mother for more than one firstborn for inheritance, but only one firstborn for redemption.

I hope you found that clear and helpful.

All the best,

Rabbi Azriel Schreiber

Original post by ATR

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