- Question: [Wednesday, 22nd MarCheshvan 5783]
I’m writing a kosher Jewish will, and would like to know if my firstborn son is eligible to receive a double portion as the Torah dictates if he was born through C-section and not natural birth?
A firstborn son who was born through C-section is not considered a firstborn regarding inheritance and is hence not eligible to receive a double portion.
Explanation: In the laws of inheritance in Scripture the verse [Devarim 21:15] the rights of the firstborn explicitly states, “and he had children born to him/Veyoldu Lo Banim.” Now, the Talmud derives from the word Veyaldu refers to children which were born naturally and not through C-section. Hence, a son born through C-section does not receive a double portion
Sources: Michaber C.M. 277:7; Rambam Nechalos 2:11; Mishneh Bechoros 47b