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The eldest son: inheritance and interpretation

rights of the eldest son; primogeniture

9 selections · 7 reading entries · Current subject view ↗

Editorial introduction

Inheritance touches some of the most tender ground in family life: what parents owe their children, what a home means, and how fairness is kept among brothers and sisters. ‘Abdu’l-Bahá, asked about the share of the firstborn, explains that the term means the eldest of the surviving sons, so that if the eldest dies the next takes his place, and that the family dwelling with its dependencies passes to him. Pressed about entailed estates in England, He answered without waiting for translation that a person may dispose of his own property as he wishes, and that an heir is free in turn to divide it. Deuteronomy, in another age, protected a firstborn son against a father’s favour for a younger wife’s child [1]. Such provisions are small pieces of a larger whole and ask for careful understanding before conclusions are drawn. They lead naturally into the wider law of inheritance, the bonds between parents and children, and the life of families.

Selected passages

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01

Our intention in this is not at all that it is commendable and praiseworthy to restrict the inheritance to the firstborn son. Our intention is rather to show that in the laws of civilized countries the firstborn son hath likewise been accorded a special distinction. By 'firstborn son' is intended the eldest of the surviving male children. The aim of assigning the residence exclusively to him is that at least the home of the deceased may be preserved intact, so that whoever among his family should either reside or visit there may be put in mind of him, and seek God's pardon and forgiveness for him.

(‘Abdu’l-Bahá, 1909-Oct-05, to Mirza Aqa Bashir Ilahi (Bashirus-Sultan) -- AB01242)
02

Although this servant submitted his resignation from being an interpreter of the Book at the threshold of the Most Glorious Beauty - for praise be to God, there are mujtahids present who have the power and capacity to derive laws from the Book and there is no need for 'Abdu'l-Baha - yet solely for thy sake, the explanation of this blessed verse is given: The residence and special clothing belong to the eldest son, meaning the most senior offspring of the deceased, not to all male offspring.

(‘Abdu’l-Bahá, 1909-May-31, to Mirza Aqa Bashir Ilahi (Bashirus-Sultan) -- AB12301)
03

The intention of "firstborn" is the eldest of the surviving male children; it doth not include the eldest of female children, even if she be the eldest of all children. And when He mentioneth "male children" excluding females, the meaning is that perhaps a person hath ten male children: if the eldest dieth, the second taketh his place; if the second dieth, the third taketh his place; if the third dieth, the fourth taketh his place. Therefore, in the blessed verse it is expressed in the plural....

(‘Abdu’l-Bahá, 1910-Feb-21, to Muhammad Isma'il Khalili -- AB10156)

The available source contains an omission or incomplete wording; sentence boundaries need review.

04

...As to what thou didst ask about the inhabited house, it belongs exclusively to the eldest son, along with its dependencies such as stable, guest house, or private chamber. As for the other uninhabited houses, they are to be divided among the male and female heirs....

(‘Abdu’l-Bahá, 1909-Jul-14, to Shaykh Aqa Pishnamaz -- AB11388)

The available source contains an omission or incomplete wording; sentence boundaries need review.

05

34. QUESTION: Concerning the residence which hath been assigned exclusively to the male offspring.

ANSWER: If there are several residences, the finest and noblest of these dwellings is the one intended, the remainder being distributed amongst the whole body of the heirs like any other form of property. Any heir, from whichever category of inheritors, who is outside the Faith of God is accounted as non-existent and doth not inherit.

… 72. QUESTION: Again a question hath been asked concerning the residence and personal clothing: are these to revert, in the absence of male offspring, to the House of Justice, or are they to be distributed like the rest of the estate?

ANSWER: Two thirds of the residence and personal clothing pass to the female offspring, and one third to the House of Justice, which God hath made to be the treasury of the people.

… 80. QUESTION: If the deceased hath not settled his obligation to Huququ'llah, nor paid his other debts, are these to be discharged by proportionate deductions from the residence, personal clothing and the rest of the estate, or are the residence and personal clothing set aside for the male offspring, and consequently the debts must be settled from the rest of the estate? And if the rest of the estate is insufficient for this purpose, how should the debts be settled?

ANSWER: Outstanding debts and payments of Huquq should be settled from the remainder of the estate, but if this is insufficient for the purpose, the shortfall should be met from his residence and personal clothing.

(Bahá’u’lláh, Su'al va Javab (Questions and Answers), to Zaynul-Muqarrabin -- BH00069)
06

Sell the honey and offspring of the bees that were pledged and give the proceeds to the poor. The residential property in any case belongs to the eldest son, whether or not anything else remains from the deceased. And the eldest son also receives his share from the other properties. This is what God has ordained. However, the testator himself has authority before death to dispose of properties however he wishes. Likewise, the eldest son should himself, for the sake of God, show consideration to the other heirs and deal fairly. And in truth, every person must, according to the decisive divine text, write a will so that it may be carried out after him. This is the manifest truth. And if, God forbid, one does not obey the command, meaning does not make a will, it should be carried out thus.

(‘Abdu’l-Bahá, 1911-May ca., to Haji Muhammad Ali son of Ustad Hasan Fakhkhar -- AB02532)
07

Then Dr. Esslemont asked a question about entailed estates in England, explaining in detail how some property is set aside for some purpose and then increases very much in value, but cannot be touched and that these entailed estates are handed down from one person to another intact, to the eldest son. … He said: "In accordance with Baha'u'llah's Teachings, a Baha'i can give all his property to his eldest son. He may do just as he likes. As long as it is his own property he may do as he wishes. One's property cannot be snatched by another. There is one difference, however; when a, Baha'i leaves all to his eldest son, the eldest son in turn may break the line and divide as he wants to-according to Baha'u'llah's method, or as he wishes."

(‘Abdu’l-Bahá, Words to Latimer, Esslemont, Randall et al, spoken on 1919-Nov-25 -- ABU0699)

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For thought and discussion

Questions to carry forward

  1. How does the explanation of “eldest” alter the meaning a reader might initially assign to the plural wording?
  2. What further context would be needed to understand the relationship between the property described here and freedom of disposition?
  3. What concerns about family relationships emerge when these passages are compared with Deuteronomy’s protection against parental favoritism?
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