Deuteronomy 21:16

The law in this case is still binding on parents; they must give their children their right without partiality. In the case supposed, the eldest son, though the son of the less-beloved wife, must have his birthright privilege, which was a double portion of the father's estate, because he was the beginning of his strength that is, in him his family began to be strengthened and his quiver began to be filled with the arrows of a mighty man (Ps. cxxvii. 4), and therefore the right of the first-born is his, v. 16, 17. Jacob had indeed deprived Reuben of his birthright, and given it to Joseph, but it was because Reuben had forfeited the birthright by his incest, not because he was the son of the hated; now, lest that which Jacob did justly should be drawn into a precedent for others to do the same thing unjustly, it is here provided that when the father makes his will, or otherwise settled his estate, the child shall not fare the worse for the mother's unhappiness in having less of her husband's love, for that was not the child's fault. Note, (1.) Parents ought to make no other difference in dispensing their affections among their children than what they see plainly God makes in dispensing his grace among them. (2.) Since it is the providence of God that makes heirs, the disposal of providence in that matter must be acquiesced in and not opposed.

Then it shall be, when he maketh his sons to inherit that which he hath,.... By a will in writing, or byword of mouth, or by a deed of gift, actually bestowing his goods upon them, and dividing among them what he is for the present possessed of; see Luke 15:12 , that he may not make the son of the beloved firstborn before the son of the hated, which is indeed the firstborn; that is, when such is the case, that the son of his wife he has the least value for is really his firstborn, he may not, through favour and affection to the wife he loves better, prefer her son, and declare him to be the firstborn, by devising to him or bestowing on him the double portion of his goods; for so to do would not be right, or agreeably to the will and law of God; for though previous to this law the birthright was given to Joseph, the eldest son of Rachel, the most beloved wife of Jacob, before Reuben who was the son of Leah, less beloved by him, and was in fact his firstborn; yet this was owing to the sin of Reuben, and by the appointment of God; see Genesis 49:3.

He may not; it is not lawful, because contrary to the rights and law of nature. Before the son, or, before the face of the son , i.e. in his lifetime, as this phrase is understood, Genesis 11:28 16:12 25:18 . And when this phrase is rendered before another, it signifies only in the presence of another, but never notes the preference of one person to another, which the Hebrews express in another manner. And this may be added to intimate, that if the eldest son were dead, and had left a child, the father was free to give the right of his first-born unto his second son, rather than to the child of the eldest. Or this phrase may be an aggravation of the fact, whereby his father did in a manner spit in his face, and fasten a reproach upon him in his very sight and presence.

Moses did not originate the rights of primogeniture (compare Genesis 25:31 ), but recognized them, since he found them pre-existing in the general social system of the East. Paternal authority could set aside these rights on just grounds Genesis 27:33 , but it is forbidden here to do so from mere partiality.

15-17. If a man have two wives, one beloved, and another hated—In the original and all other translations, the words are rendered "have had," referring to events that have already taken place; and that the "had" has, by some mistake, been omitted in our version, seems highly probable from the other verbs being in the past tense—"hers that was hated," not "hers that is hated"; evidently intimating that she (the first wife) was dead at the time referred to. Moses, therefore, does not here legislate upon the case of a man who has two wives at the same time, but on that of a man who has married twice in succession, the second wife after the decease of the first; and there was an obvious necessity for legislation in these circumstances; for the first wife, who was hated, was dead, and the second wife, the favorite, was alive; and with the feelings of a stepmother, she would urge her husband to make her own son the heir. This case has no bearing upon polygamy, which there is no evidence that the Mosaic code legalized.

The Right of the first-born. - Whilst the previous law was intended to protect the slave taken in war against the caprice of her Israelitish master, the law which follows is directed against the abuse of paternal authority in favour of a favourite wife. If a man had two wives, of whom one was beloved and the other hated, - as was the case, for example, with Jacob, - and had sons by both his wives, but the first-born by the wife he hated, he was not, when dividing his property as their inheritance, to make the son of the wife he loved the first-born, i.e., was not to give him the inheritance of the first-born, but was to treat the son of the hated wife, who was really the first-born son, as such, and to give him a double share of all his possession. בּכּר, to make or institute as first-born. וגו בּן על־פּני, over (by) the face of, i.e., opposite to the first-born son of the hated, when he was present; in other words, "during his lifetime" (cf. Genesis 11:28 ). יכּיר, to regard as that which he is, the rightful first-born. The inheritance of the first-born consisted in "a mouth of two" (i.e., a mouthful, portion, share of two) of all that was by him, all that he possessed. Consequently the first-born inherited twice as much as nay of the other sons. "Beginning of his strength" (as in Genesis 49:3 ). This right of primogeniture did not originate with Moses, but was simply secured by him against arbitrary invasion.

[Bible] 21:7. And shall say: Our hands did not shed this blood, nor did our eyes see it. 21:8. Be merciful to thy people Israel, whom thou hast redeemed, O Lord, and lay not innocent blood to their charge, in the midst of thy people Israel. And the guilt of blood shall be taken from them: 21:9. And thou shalt be free from the innocent's blood, that was shed, when thou shalt have done what the Lord hath commanded thee. 21:10. If thou go out to fight against thy enemies, and the Lord thy God deliver them into thy hand, and thou lead them away captives, 21:11. And seest in the number of the captives a beautiful woman, and lovest her, and wilt have her to wife, 21:12. Thou shalt bring her into thy house: and she shall shave her hair, and pare her nails, 21:13. And shall put off the raiment, wherein she was taken: and shall remain in thy house, and mourn for her father and mother one month: and after that thou shalt go in unto her, and shalt sleep with her, and she shall be thy wife. 21:14. But if afterwards she please thee not, thou shalt let her go free, but thou mayst not sell her for money nor oppress her by might because thou hast humbled her. 21:15. If a man have two wives, one beloved, and the other hated, and they have had children by him, and the son of the hated be the firstborn, 21:16. And he meaneth to divide his substance among his sons: he may not make the son of the beloved the firstborn, and prefer him before the son of the hated. 21:17. But he shall acknowledge the son of the hated for the firstborn, and shall give him a double portion of all he hath: for this is the first of his children, and to him are due the first birthrights. 21:18. If a man have a stubborn and unruly son, who will not hear the commandments of his father or mother, and being corrected, slighteth obedience: 21:19. They shall take him and bring him to the ancients of the city, and to the gate of judgment,