Commentaire sur La Genèse 35:23

בכור יעקב JACOB’S FIRSTBORN — even when it speaks of his corrupt action Scripture calls him firstborn (Genesis Rabbah 82:11).

בכור יעקב ראובן, as far as Heaven was concerned Reuven did not suffer consequences because he had repented forthwith. He also did not suffer really in this world, i.e. on earth, until on his deathbed Yaakov punished him by depriving him of the material benefits enjoyed by the first born in that he inherits an extra share of his father’s estate. This punishment was withheld in accordance with the principle that anyone guilty of being ostracised by the community is not actually ostracised until the leading sage of the generation declares him to be so. (Moed Katan 16) This is based on Judges 5,23 where Devorah, the ruling judge of Israel, curses the inhabitants of a certain place called מרוז who had failed to answer her call to arms against the army of Siserah, general of Yavin, King of the Canaanites who had been oppressing the Israelites. The מלאך ה' she quotes in that verse is the leader of the generation, herself in this instance.

בני לאה, בכור יעקב ראובן the sons of Leah Jacob's firstborn Reuben. The reason that the Torah had to repeat here that Reuben was Jacob's firstborn was in order that we should not think that Reuben's misconduct with Bilhah had disqualified him from being the firstborn. This also proves that when the Torah described Reuben as having slept with Bilhah this was not meant literally. When the number of Jacob's sons is described as 12, this too is proof that Reuben had not committed an act by which he forfeited being included in that count. Inasmuch as Reuben represented the first drop of semen Jacob ever ejaculated, the idea that he could have been guilty of such a horrendous crime as actually sleeping with one of his father's wives is quite impossible. This is why the Torah emphasises בכור יעקב, he was Jacob's firstborn.

בני לאה, seeing that Binyamin had by now been born, the Torah enumerates all the sons.

ויהיו בני יעקב שנים עשר. Now that Binyamin had been born the total number of Yaakov’s son amounted to 12. This verse has been delayed in order not to break the sequence of the narrative.

בכור יעקב ראובן, “Yaakov’s firstborn was Reuven.” The distinctive title “firstborn” is accorded to Reuven at the very place where his misdemeanour has been recorded. The Torah informs us that although as a result of this misdemeanour Reuven lost the distinction of being looked up to by his brothers as the firstborn, the Torah implies that what Reuven lost to Joseph as a result was only the double share in the father’s inheritance that the firstborn is entitled to and possibly the respect normally accorded to the firstborn by his younger siblings. The status of being a “firstborn” in matters of genealogy, etc. remained unchanged. This is why the Torah underlined: “Reuven was the firstborn of Yaakov.” We find this confirmed in Bereshit Rabbah 82,11. The Midrash uses the words ויהי בשכון ישראל in verse 22 to elaborate on this theme. Rabbi Simon is quoted as saying that it is difficult for G’d to uproot genealogical facts. The Torah proves this when describing Reuven as the firstborn immediately after having recorded his misdemeanour. Rabbi Yudon added that Reuven remained the firstborn in respect to officiating as the family’s priest (as was customary prior to the sin of the golden calf); he remained officially the oldest; and he remained the firstborn in respect of תשובה, (i.e. that his repentance was accepted assuring him his claim to his former title). Rabbi Azariah added that he also remained the firstborn in respect of prophecy as we read in Hoseah 1,2 that G’d communicated first with Hoseah (seeing he enjoyed the privilege of being senior to the other prophets who were his contemporaries).

The firstborn in inheritance; the firstborn in Divine Service. I.e., when the Kohen Gadol performed the Divine Service, he would wear the choshen and ephod. The names of the Tribes were on the choshen and the shoulder straps of the ephod. Reuvein[’s name] appeared first.

בכור יעקב JACOB’S FIRSTBORN — firstborn with regard to heritage, firstborn with regard to Divine Service (for before the Levites were appointed to minister to God the duty devolved upon the oldest son in each family), firstborn in any enumeration of the twelve tribes; for the right of a firstborn son was given to Joseph only in respect of the tribes — in that he founded two tribes (just as a firstborn son received a double portion in his father’s property) (Genesis Rabbah 82:11).

בכור יעקב ראובן, even though he had sinned and Yaakov had deprived him of the birthright on account of his sin, the Torah still refers to him as “the firstborn.” We are told in Bereshit Rabbah 82,11 that Rabbi Shimon said that it is legally difficult for G’d to tamper with the chronological chain of ancestry. How do we know this? Because we find the following verse in Chronicles I 5,1 ובני ראובן בכור ישראל כי הוא הבכור ובחללו יצועי אביו נתנה בכורתו לבני יוסף, “and the sons of Reuven, Yisrael’s firstborn, for he (Reuven) was the firstborn even though because he had mounted the bedstead of his father his birthright had been given to the sons of Joseph.” This appears to mean that Reuven forfeited the material advantages associated with the birthright, i.e. double portion of an inheritance; but he was not deprived of his status as the biological firstborn, in fact he could not be deprived of it. Rabbi Yitzchok, on the same folio of the Midrash, adds that even in his hour of disgrace, the Bible refers to Reuven with the attribute “the firstborn.”

The firstborn in enumeration... When the names of the Tribes are enumerated, Reuvein is counted first.