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Deuteronomy limits the freedom to favor a son that Hammurabi allows in inheritance. Protecting the firstborn prevents a father's preference for one wife from deciding the children's shares, placing inheritance rights above household favoritism.
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2500 BCE
1000+ CE
Code of Hammurabi 1:175
Babylonian Legal Text
Ancient Near East
163 If a man marries a woman and she bears him no sons: if the woman dies, and the purchase price he paid into his father-in-law's house is repaid to him, the husband has no claim on the woman's dowry; it belongs to her father's house. 164 If his father-in-law does not repay the purchase price, the husband may deduct its amount from the dowry and pay the rest back to her father's house. 165 If a man gives a field, garden, and house, with a deed, to the son he prefers: if the father then dies and the brothers divide the estate, they shall first give the preferred son his father's gift, and he shall accept it; the rest of the father's property they shall divide among themselves.
Deuteronomy 21:17
Hebrew Bible
16 In the day he divides his inheritance he must not appoint as firstborn the son of the favorite wife in place of the other wife’s son who is actually the firstborn. 17 Rather, he must acknowledge the son of the less-loved wife as firstborn and give him the double portion of all he has, for that son is the beginning of his father’s procreative power—to him should go the right of the firstborn. 18 If a person has a stubborn, rebellious son who pays no attention to his father or mother, and they discipline him to no avail, 19 his father and mother must seize him and bring him to the elders at the gate of his city.
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Notes and References
“... 21:15-17. right of the firstborn. Inheritance rights are based on the law of primogeniture. This stipulates that the firstborn son is to receive a double share of his father’s property. That this was the normal situation in the ancient Near East can be seen in Middle Assyrian texts, *Larsa, *Mari and *Nuzi documents, just to name a few. The intent of such laws is to insure orderly transmission of property from one generation to the next. *Hammurabi’s law gives the father the right to favor whichever son he chooses. In the Nuzi texts the father had the option of altering the firstborn rights. In the ancient Near East the closest legislation to that found here is the stipulation in Hammurabi’s law that says the children of the slave wife, if acknowledged as children during the father’s lifetime, have an equal share in the inheritance with the full wife’s children. ...”
Walton, John H.
The IVP Bible Background Commentary: Old Testament
(p. 193–194) InterVarsity Press, 2000
* The use of references are not endorsements of their contents. Please read the entirety of the provided reference(s) to understand the author's full intentions regarding the use of these texts.
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