Divrei Hayamim 1 :5:1/ 2
. וּבְנֵי רְאוּבֵן בְּכוֹר יִשְׂרָאֵל כִּי הוּא הַבְּכוֹר וּבְחַלְּלוֹ יְצוּעֵי אָבִיו נִתְּנָה בְּכֹרָתוֹ לִבְנֵי יוֹסֵף בֶּן יִשְׂרָאֵל וְלֹא לְהִתְיַחֵשׂ לַבְּכֹרָה
בְּאֶחָיו וּלְנָגִיד מִמֶּנּוּ וְהַבְּכֹרָה לְיוֹסֵף כִּי יְהוּדָה גָּבַר
And the sons of Reuben, the firstborn of Israel, for he was the firstborn, but when he defiled his father's bed, his birthright was given to the sons of Joseph the son of Israel, but not to be reckoned in the genealogy as firstborn. :2. Because Judah prevailed over his brothers, and the one appointed as prince was to be from him, but the birthright belonged to Joseph.
So it is clear there is a definate Bechora Issue .. and Yosef would have Malchut Ledorot as well had not יְהוּדָה גָּבַר
Rashi Vayechi 49:3 says Reuven lost Malchut and Kehuna because of the incident with Bilhah .
HKBH gave Malchut to Yehuda but it goes to David only after Yosef and Shaul / Binyamin (And then goes to to Shlomo – who is NOT his Bechor !! )
Kehuna at Yetziat Mitzrayim is given to Maternal firstborn ‘ Kadesh li kol bechor PETTER RECHEM ‘ and at Matan Torah (end of Mishpatim) they do the Avoda ...BUT later given to Levi at the Egel
Once Reuven lost these rights, HKBH chose where these went and neither final recipient was direct or immediate
Rafi asks ‘ and one is not allowed to transfer the bechor rights to any other son (Devorim 21:15)?’
a. Firstly ( as Pini alludes ) maybe this was not a Bechora right that Reuven lost – that was Malchut and Kehuna only -Rashi 49:3 – and this is a completely ‘new’ type of entitlement
b. Or It is a Bechora gift –and Rashi uses the word ‘bechora ‘ in 2nd Pshat of Shechem echat in relation to this gift - but maybe HKBH lets Yaacov choose the recipient this time
c. Or Halachot of Yerusha only give Bechor a double share of what is ‘available ‘ at the time of death – Eretz Yisrael was not ‘available’ .. and so the ‘double’ land share was not Begeder Yerusha ... and not actually Reuven’s right anyway – so no financial difference occurs that is covered by the yerusha laws .
d. Or Rashi’s 2nd Pshat on Shechem Echad is problematic since value of land inherited was equal for all those entering because of ‘Larav tarbeh Nachalatoh ‘no matter which tribe( and the goral concurred) ... so maybe since it was not actual increased Land value , this bechor gift was not a financial one covered by the yerusha laws .
I have read that Bechor Reuven wanted the pastures East of Jordan was because he had received double share of Yaacov’s sheep extant at his father’s death and so had larger flocks .
In Yaacov’s defence , he had only fathered Reuven -his Reishit Ono - believing it was Rachel he had just married. Hence , at Reuven’s conception , his Bechora privileges were intended for Yosef .
Rashi’s seemingly superfluous words on Eleh Toldot Ya’acov , Yosef ( Vayeshev 27 :2 ) – Shekol Atzmo shel Ya’acov lo avad etzel Lavan elah Berachel shows the power of that sentiment .
Yacov nonetheless accepted Reuven’s rights to Bechora as the Torah requires until Reuven lost them. And I have read that HKBH then caused Ya’acov’s intent to be partly fulfilled .
We find further proof in that Yaacov desires Yosef’s elevation to Melech -- ‘Ve’aviv shamar et hadavar ‘ ....and presumably here , when Yaacov is given by the right to grant 2 tribes / 2 Degalim / 2 Nesi’im – and he chooses Yosef thereby conferring on him the title Bechor through the double rights that come from it
However the 3rd gift , Spiritual Bechora , Kehuna does not go to Yosef but instead to the Bechorim from the mother’s side ( which Yosef was) .
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a. AND even after the Petter Rechim lose the Kehuna to Bnei Aharon they still have a Kedusha that needs redeeming
b. Rashi notes Bamidbar 3:47 that the Pidyon Haben is 5 Selaim which is 20 Gerah and 20 Kessef was the price paid for Yosef who was Rachel’s firstborn
a. I read that on a superficial level that is because 20 Kessef is a ‘Bechor’s Price’
b. And that on a deeper level that it is to atone for Yosef’s sale at 20 Kessef **– I speculatively suggest maybe that’s because had he not been sold he would grown spiritually to the level needed to get the Kehuna as well but I have seen no corroborative proof – suggestions welcome
**[and Levi do not need that atonement as they lost their land rights to Yosef ]
Re Rafi’s second question --Beis Halevi notes there were 2 dreams : Wheat sheaves are material – alluding to physical /material superiority . The second dream shows heavenly bodies – alluding to spiritual superiority .. Hence the dreams allude to a much broader vision than simply 11 brothers bowing down to a viceroy . ( this was not the Beis Halevi’s main point – he focused on the brother’s differing responses – hatred on the first which is external greatness but jealousy on the second which is internal greatness )
Moshe