Deuteronomy 21:16

Then it shall be, when he maketh his sons to inherit [that] which he hath, [that] he may not make the son of the beloved firstborn before the son of the hated, [which is indeed] the firstborn:

Then it shall be, when {H3117} he maketh his sons {H1121} to inherit {H5157} that which he hath, that he may {H3201} not make the son {H1121} of the beloved {H157} firstborn {H1069} before {H6440} the son {H1121} of the hated {H8130}, which is indeed the firstborn {H1060}:

then, when it comes time for him to pass his inheritance on to his sons, he may not give the inheritance due the firstborn to the son of the loved wife in place of the son of the unloved one, who is in fact the firstborn.

when that man assigns his inheritance to his sons he must not appoint the son of the beloved wife as the firstborn over the son of the unloved wife.

then it shall be, in the day that he causeth his sons to inherit that which he hath, that he may not make the son of the beloved the first-born before the son of the hated, who is the first-born:

Commentary

Deuteronomy 21:16 is a specific legal instruction given to ancient Israel, addressing the crucial matter of inheritance and ensuring fairness within complex family structures, particularly concerning the rights of the firstborn son.

Context of Deuteronomy 21:16

This verse is part of the Deuteronomic Code, a collection of laws and exhortations delivered by Moses to the Israelites as they prepared to enter the Promised Land. It falls within a section that outlines various civil and social laws, aiming to establish a just and orderly society under God's covenant. The laws in Deuteronomy often reflect God's concern for fairness, protection of the vulnerable, and the prevention of injustice, even within family dynamics. This particular statute immediately precedes the law regarding the firstborn's right to a double portion of the inheritance (Deuteronomy 21:17) and is situated among other family-related regulations, such as the law concerning a rebellious son (Deuteronomy 21:18-21).

Key Themes and Messages

  • Protection of Firstborn Rights: The primary message is the inviolability of the firstborn son's legal inheritance rights. Regardless of a father's personal affections or marital preferences, the son who is biologically the firstborn must receive the legal privileges associated with that status. This prevents a father from disinheriting the true firstborn in favor of a son from a more favored wife.
  • Divine Justice and Impartiality: The law underscores God's commitment to justice and impartiality. It prevents human favoritism and emotional bias from overriding established legal and moral principles. God's law seeks to ensure equitable treatment and prevent the abuse of power within the family unit.
  • Regulation of Polygamy: While not endorsing polygamy, this law acknowledges its presence in ancient Israelite society and seeks to regulate its potential for strife and injustice. By stipulating clear rules for inheritance, it aimed to mitigate family disputes that could arise from a father's preference for one wife over another.

Linguistic Insights

  • The term "hated" (Hebrew: sane') in this context often implies 'less loved' or 'disfavored' in comparison to the "beloved" wife, rather than implying intense animosity or active malice. It highlights a common human tendency towards partiality or preference, which the law aims to counteract.
  • The "firstborn" (Hebrew: bekhor) held a significant legal, social, and spiritual status in ancient Israelite culture. This status was typically associated with leadership, a double portion of the inheritance, and sometimes priestly functions. This verse reinforces that this status is based on birth order, not parental affection or choice.

Related Scriptures

This law stands in contrast to situations in Genesis where the firstborn's rights were complicated or overridden, such as Esau selling his birthright to Jacob, or Jacob's blessing of Ephraim over Manasseh (Genesis 48:14-20). However, those instances typically involved divine intervention or the firstborn's own actions, whereas Deuteronomy 21:16 specifically prohibits a father's arbitrary decision based on favoritism. This principle aligns with God's character as One who loves righteousness and justice (Psalm 33:5).

Practical Application

While modern societies rarely practice polygamy or have the exact same inheritance laws, the underlying principles of Deuteronomy 21:16 remain highly relevant. This verse teaches us about:

  • Fairness and Impartiality: It is a timeless reminder to avoid favoritism and to act justly in all our dealings, especially when we are in positions of authority or influence over others. Personal preferences should not override what is right or legally established.
  • Respect for Established Rights: The law emphasizes the importance of respecting established rights and principles, even when our emotions or desires might pull us in another direction.
  • God's Concern for Justice: It reveals God's deep concern for justice and equity within human relationships, even within the most intimate family units. This serves as a model for how believers should conduct themselves, reflecting God's character in their own lives and communities.
Note: If the commentary doesn’t appear instantly, please allow 2–5 seconds for it to load. It is generated by Gemini 2.5 Flash using a prompt focused on Biblical fidelity over bias. While the insights have been consistently reliable, we encourage prayerful discernment through the Holy Spirit.

Please note that only the commentary section is AI-generated — the main Scripture and cross-references are stored on the site and are from trusted and verified sources.

Cross-References

  • 1 Chronicles 26:10

    Also Hosah, of the children of Merari, had sons; Simri the chief, (for [though] he was not the firstborn, yet his father made him the chief;)

  • 1 Chronicles 5:2

    For Judah prevailed above his brethren, and of him [came] the chief ruler; but the birthright [was] Joseph's:)

  • 2 Chronicles 21:3

    And their father gave them great gifts of silver, and of gold, and of precious things, with fenced cities in Judah: but the kingdom gave he to Jehoram; because he [was] the firstborn.

  • Hebrews 12:16

    Lest there [be] any fornicator, or profane person, as Esau, who for one morsel of meat sold his birthright.

  • Hebrews 12:17

    For ye know how that afterward, when he would have inherited the blessing, he was rejected: for he found no place of repentance, though he sought it carefully with tears.

  • Philippians 4:8

    Finally, brethren, whatsoever things are true, whatsoever things [are] honest, whatsoever things [are] just, whatsoever things [are] pure, whatsoever things [are] lovely, whatsoever things [are] of good report; if [there be] any virtue, and if [there be] any praise, think on these things.

  • Romans 8:29

    ¶ For whom he did foreknow, he also did predestinate [to be] conformed to the image of his Son, that he might be the firstborn among many brethren.
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