Sale of the Birthright – A Fair Deal/2/he

מכירת הבכורה – עסקה הוגנת?

גישות פרשניות

סקירה

פרשנים משתדלים להצדיק את מעשיו של יעקב בדרכים מגוונות, ומציגים טווח רחב של דעות בנוגע למהות הבכורה ואיך יש להעריך את מעשיהם של עשו ויעקב. רשב"ם ואבן עזרא מציגים את הבכורה כירושה חומרית ומגינים על רכישת יעקב בכך שהוא שילם את שוויה המלא של הבכורה. לפיהם, עשו ויעקב מהווים דמויות נטרליות. מצד שני, מדרשים שונים ופרשנים מאוחרים יותר מבינים את הבכורה כמושג רוחני, כאחריות דתית לשירות האל או כסמל לאומה הנבחרת, ומסבירים כי עשו לא היה ראוי למשימות אלה. לבסוף, רבי יוסף בכור שור מניח כי הבכורה מעניקה לבן המבוגר את הזכויות על נכסי אביו, וטוען כי תחת נסיבות אלה ליעקב הייתה את הזכות לשים את האינטרסים שלו לפני אלו שלא אחיו. הוא משווה בין רצונותיהם של עשו ויעקב לדאוג לעצמם ורואה בכך תכונה הכרחית במאבקם להישרדות.

נתן ערך הוגן

יעקב לא רימה את עשו כיוון שהוא שילם לו את הערך המלא של הכורה.
עמדה זו נוגעת למחלוקת האם יעקב שילם על הבכורה יותר משמניחים בדרך כלל, או שמא הבכורה שווה פחות משחושבים לרוב.

שילם מחיר מלא

הבכורה מקנה חלק כפול בירושה, ויעקב שילם בתמורה לה את החלק המדובר.

מקורות: רשב"םRashbam Bereshit 25:31-34About R. Shemuel b. Meir, רבי יוסף קימחי,cited by Radak Bereshit 25:34About R. Yosef Kimchi ספר יוסף המקנא16

יעקב שילם במזומן – לפי פרשנים אלו, יעקב שילם על הבכורה לא בנזיד עדשים, אלא בכסף שמשקף את ערכה בשוק.¹
הלחם והעדשים משמשים לתפקיד אחר, ומהווים עדות מוחשית לחתימת העסקה.²

מקבילות תנ"כיות – רשב"ם רואה את תפקיד הנזיד כאן, כדומה לתפקיד ארוחת הברית שנחלקה בין יעקב ללבן כאשר הם סיכמו את בריתם.³ אולם, רשב"ם אינו מחשיב את העובדה שבמקרה שלנו נזיד העדשים מוצג כבא (לפחות בעיקר) כדי להשביע את רעבונו של עשו, ולא כארוחה משותפת.⁴

"הִנֵּה אָנֹכִי הוֹלֵךְ לָמוּת" – Rashbam cites his father, R. Meir, as explaining that Esav's declaration should not be understood as the words of a starving man on the brink of death, but rather as a statement reflecting the precarious life of a hunter who constantly faces the dangers of dying in the wild. Esav realized that there was a great likelihood that he would predecease his father, and thus the birthright was of little value to him.

"וַיִּבֶז עֵשָׂו אֶת הַבְּכֹרָה" and Esav's character – Rashbam notes the fickleness of Esav who saw no value in the birthright when indulging in his meal, but later came to regret his decision to sell it.⁵ However, he does not point to any moral failings of Esav, but rather presents him as a neutral figure.⁶

Evaluation of Yaakov's actions – According to this position, Yaakov offered fair value for the birthright and did not cheat his brother. Furthermore, Esav was not about to die, so Yaakov was not exploiting his brother in his time of dire need.

Does Yaakov ever receive the birthright? There is no explicit evidence in the Torah that Yaakov ever received any extra portion of Yitzchak's estate, or that he was even enriched by him in any way.⁷

Worthless to Esav

The birthright was either a double estate portion or merely honored status,⁸ but either way, was not worth much to Esav.

מקורות: Ibn EzraBereshit 25:31-34About R. Avraham ibn Ezra, RambanBereshit 25:32Bereshit 25:34About R. Moshe Nachmanides

Paid in full with lentils – Both Ibn Ezra and Ramban assert that the birthright was sold for the lentil stew, and not for money.⁹ They also agree that this was all the birthright was worth to Esav, since he assumed that he would die before his father and never collect the inheritance. Ibn Ezra adds that since Yitzchak was poor¹⁰ the birthright was relatively worthless.

"הִנֵּה אָנֹכִי הוֹלֵךְ לָמוּת" – Ibn Ezra and Ramban maintain¹¹ that Esav is speaking not of imminent death due to hunger, but of his low life expectancy and the likelihood of his dying before his father due to the dangers of his hunting profession.

"וַיִּבֶז עֵשָׂו אֶת הַבְּכֹרָה" and Esav's character

• Ibn Ezra explains that Esav belittled the birthright because it really was almost worthless due to Yitzchak's poverty.¹² He thus does not view the verse as passing moral judgment on Esav.¹³
• Ramban maintains that Esav's attitude stemmed from his impetuousness and need for immediate gratification. According to Ramban, Esav, like all fools, lived in the moment and never thought about the future.¹⁴ Ramban clearly portrays Esav in a negative light.¹⁵

Evaluation of Yaakov's actions – This position maintains that Yaakov did not take advantage of his brother's hunger, as Esav was not in danger of imminent death. Neither did Yaakov swindle Esav, as the price reflected Esav's valuation of the birthright.

Does Yaakov ever receive the birthright? The Torah does not specify that Yaakov ever received a double portion of Yitzchak's inheritance.¹⁶

Esav Unworthy

The birthright was a spiritual (rather than financial) commodity which Esav was both unworthy of and uninterested in receiving.  This position divides regarding what rights  and obligations this religious position granted:

Priestly Status

The birthright was a priestly status, and Yaakov secured the patriarch's responsibilities to serve God.

מקורות: Bereshit Rabbah63:13About Bereshit Rabbah, Midrash Aggadah (Buber)Bereshit 25:31-34About Midrash Aggadah (Buber), R. Saadia GaonCommentary Bereshit 25About R. Saadia Gaon, RashiBereshit 25:31-34About R. Shelomo Yitzchaki, R. Avraham b. HaRambamBereshit 25:31About R. Avraham Maimonides, SefornoBereshit 25:31-34About R. Ovadyah Seforno

Birthright as priestly status – The motivation to connect the birthright and priestly status stems from the consecration of firstborns to the service of Hashem¹⁷ in the aftermath of their salvation from the Plague of Firstborns in Shemot 12-13. This position suggests that such service was the privilege of the firstborns even before the Exodus.¹⁸

Yaakov's payment – The commentators who take this approach subdivide on this point. R. Saadia Gaon posits that Yaakov bought the birthright for a pot of lentil stew, while the Midrash Aggadah and Seforno suggest that he paid full price.¹⁹ All agree that Yaakov was motivated by a desire to ensure that the spiritual birthright did not fall into the hands of one who was unworthy.

Biblical parallels – R. Avraham b. HaRambam points to Reuven losing his firstborn status to Yosef and the firstborns of Israel losing their positions to the Levites, as parallel cases of the transfer of the birthright from an unworthy son/group to a more meritorious one.

"הִנֵּה אָנֹכִי הוֹלֵךְ לָמוּת" – While Seforno reads this as a declaration of Esav's exhaustion and desperate hunger which led him to agree to the sale, the other commentators connect the statement to the spiritual nature of the birthright. Midrash Aggadah (Buber) and Rashi suggest that Esav was willing to forego the birthright as he recognized the potentially fatal perils²⁰ that the priestly position held for one who was not righteous.²¹

Esav's character and calculations

• Esav vilified – Most of the commentators who take this position vilify Esav,²² portraying him as an evil person who cared nothing for the service of Hashem.²³ Esav did not feel cheated, but happily sold the birthright both because it had no value to him and because he thought that it might lead to his premature death. Moreover, according to Midrash Aggadah (Buber), it was Esav who was the trickster, gloating among fellow villains that he outsmarted his brother who paid for a commodity that he could not legitimately acquire.
• Esav unsuited – Seforno's portrait of Esav is much more neutral, portraying a figure who really was on the verge of death and who was simply not cut out for the demands of the priestly position.²⁴ This combination of factors led to his willingness to sell the birthright.

Evaluation of Yaakov's actions – According to this position, Yaakov's desire for the birthright stemmed from ideological concerns, rather than materialistic desires.²⁵ The sale is considered fair, since the birthright had little value to Esav.²⁶ In addition, as death was not imminent,²⁷ Yaakov was not taking advantage of his brother's weakness.²⁸

Does Yaakov receive the birthright? In the continuation of Sefer Bereshit, Yaakov does function as a priest, offering sacrifices and libations to Hashem.

Avraham's Legacy

Yaakov acquired the rights to the Blessing and Covenant of Avraham. This included the privileges of inheriting the land of Israel and becoming the father of the chosen nation.

מקורות: Lekach Tov (#3)Bereshit 25:31-33About R. Toviah b. Eliezer, Chizkuni (#1)Bereshit 25:32About R. Chizkiyah b. Manoach, Akeidat YitzchakBereshit #43About R. Yitzchak Arama, Abarbanel (#1)Bereshit 25About R. Yitzchak Abarbanel, ShadalBereshit 25:31About R. S.D. Luzzatto, R. D"Z HoffmannBereshit 25:31Bereshit 25:32Bereshit 25:34About R. D"Z Hoffmann

Birthright as blessing and covenant – This position views the birthright as Yitzchak's unique bequeathing of Avraham's legacy, with its accompanying promise of land and progeny, to a chosen son. Whoever obtained the birthright would become the father of the chosen nation.²⁹

Yaakov's payment – According to the Lekach Tov, the lentil stew served as payment.³⁰

"הִנֵּה אָנֹכִי הוֹלֵךְ לָמוּת"

• Chizkuni, Abarbanel, and Shadal suggest that Esav is declaring that he is likely to die before obtaining the inheritance. Abarbanel and Shadal³¹ think that Esav is referring to the perils inherent in his hunting profession. Chizkuni, in contrast, proposes that Esav was thinking that the inheritance of the land of Israel was still centuries away,³² by which point he would be long dead and incapable of benefiting.³³
• R. D"Z Hoffmann maintains that Esav feels as if he is literally on the verge of death due to his insatiable desire for the stew,³⁴ and it is this craving that makes him agree to the deal.³⁵

Esav's character

• Agnostic – Lekach Tov and Abarbanel paint an Esav unworthy of fulfilling the legacy of Avraham. Esav was evil and lacking in faith. He did not even believe that Hashem was going to fulfill His promise and give the Land of Israel to Avraham.³⁶
• Slave to his desires – Chizkuni and R. D"Z Hoffmann portray not an evil Esav, but one who lives in the moment, a slave to his physical desires.³⁷ Esav was willing to sell the birthright so as indulge in his immediate craving, neither thinking of the future nor appreciating the value of spiritual blessings.³⁸

Evaluation of Yaakov's actions – This position maintains that Yaakov pursued the birthright, not for material gain, but for a lofty, spiritual, ideal. As Esav's character and/or beliefs proved him an unworthy successor to Avraham, Yaakov viewed himself as proactively ensuring that the blessing went to the proper individual.³⁹ In addition, since Esav was not literally about to die and did not value the birthright, the sale was neither unfair nor exploitative.

Does Yaakov receive the birthright? All agree that Yaakov's descendants, rather than Esav's, became the chosen nation, and the inheritors of Avraham's legacy.⁴⁰ R. D"Z Hoffmann, though, suggests that this inheritance had nothing to do with the sale,⁴¹ which was more like child's play with no legal standing. Lekach Tov and Shadal, in contrast, point out how Esav acted upon the oath taken during the sale, and, after his father's death, moved to Seir, staking no claim on the Land of Israel.

Yaakov's Self Interest

The birthright included Yitzchak's full inheritance, and only one son was to receive the entire estate. Yaakov's purchase was justified since, under such circumstances, he had the right to look out for his own self interest.

מקורות: R. Yosef Bekhor ShorBereshit 25:29-30Bereshit 25:34About R. Yosef Bekhor Shor, Melekhet MachshevetBereshit 27:39-40About R. Moshe Hefetz, Hoil MosheBereshit 25:32About R. Moshe Yitzchak Ashkenazi

Primogeniture – The Melekhet Machshevet posits that in Biblical times, like feudal France in his own era, the father's entire estate and patriarchal status were inherited by his eldest son,⁴² with younger sons either serving the older one, enlisting in the royal army,⁴³ or venturing out on their own.⁴⁴

"הִנֵּה אָנֹכִי הוֹלֵךְ לָמוּת" – R"Y Bekhor Shor interprets these words in their most literal sense; Esav is exhausted from an extended hunting expedition and is veritably on the verge of dying of hunger.⁴⁵ R"Y Bekhor Shor assumes that the incident took place far from their city and parents' home,⁴⁶ and thus Esav really did not have any alternative sources of food.⁴⁷

It was a steal – R"Y Bekhor Shor maintains that Yaakov paid for the birthright with a bowl of lentil stew, rather than money.⁴⁸ According to him, Yaakov was able to make a great deal for himself by taking full advantage of the leverage he had due to Esav's dire circumstances.⁴⁹

"וַיִּבֶז עֵשָׂו אֶת הַבְּכֹרָה" and Esav's character – R"Y Bekhor Shor is sympathetic to Esav's willingness to sell the birthright, viewing it as natural human instinct to put one's life before one's money. Esav's decision was thus a very rational one, rather than impulsive.⁵⁰ R"Y Bekhor Shor adds that Esav trusted that his father's love would ensure that despite the sale he would still be able to inherit all.⁵¹ See also his interpretations in Chapter 27Bereshit 27:2Bereshit 27:4Bereshit 27:10Bereshit 27:13Bereshit 27:41About R. Yosef Bekhor Shor that Yitzchak, in fact, tried to help Esav evade the consequences of the sale by using the method of a "living will".⁵²

Evaluation of Yaakov's actions – This position views the inheritance as a winner takes all, with the loser receiving nothing. As such, it is understandable that Yaakov places his own interests ahead of his brother's and looks out only for his own welfare. The birthright was a zero sum game, and without his bold act, Yaakov would have been left empty handed upon his father's death and forced to find a different land of his own.⁵³ Yaakov's actions cut a portrait of a hard-nosed businessman engaged in cut-throat competition, but they are not deceptive.⁵⁴ Alternatively, a more critical view of Yaakov's conduct is taken by RadakBereshit 25:31Bereshit 25:34About R. David Kimchi.⁵⁵

Does Yaakov ever receive the birthright? The Melekhet Machshevet and Hoil Moshe note that Yaakov indeed inherited all of Yitzchak's land holdings, and Esav was forced to emigrate from the land of Israel and carve out his own territory.⁵⁶

¹ לפי ספר יוסף המקנא, יעקב שילם "בדמים חשובים". כלומר, יתכן כי הוחלף סכום משמעותי בקניית הבכורה. הוא מציע שהתורה לא אומרת "וימכר בכורתו ליעקב בלחם ונזיד עדשים", אלא "וְיַעֲקֹב נָתַן לְעֵשָׂו לֶחֶם וּנְזִיד עֲדָשִׁים", דבר הרומז על כך שיעקב נתן לעשו את האוכל בנוסף לתשלום כספי.

² יוסף המקנא מצביע על כך שאפילו בימיו, סוחרים סגרו עסקה על ארוחה, וראו גם רבי יוסף בכור שורBereshit 25:34About R. Yosef Bekhor Shor למטה. דבר זה נכון גם בזמנים מודרניים. המקור הקדום ביותר לגישה זו עשוי להיות מדרש אגדה (בובר)Bereshit 25:31-34About Midrash Aggadah (Buber) הנידון למטה.
השוו להכתב והקבלהBereshit 25:34About R"Y Mecklenburg הטוען באופן דומה שהעדשים לא היוו את התשלום עבור הבכורה, אלא מבינים את הפועל בעבר "וְיַעֲקֹב נָתַן", בכך שהאוכל סופק לפני המכירה.
. See Past Perfect, אולם, צורה זו לעיתים רק באה להצביע על ניגוד נושאים עם הגרסא הקודמת. (ראיתי שהקישור בגרסא באנגלית לא עובד, לכן לא כ"כ הבנתי את המשפט)

³ ראו בראשית ל"א:מ"ד-נ"ד. לעוד דוגמאות תנ"כיות ולניתוח נוסף של התפקיד המגולם על ידי אוכל ביצירת ברית, ראו Treaties in Tanakh and the Ancient Near East.

⁴ יתכן כי רשב"ם מבדיל בין הנזיד שנועד להשביע את רעבונו של עשיו, לבין הלחם הנוסף, שייתכן כי שירת תפקיד טקסי כחלק מהעסקה. 

⁵ See Bereshit 27:36.

⁶ This is consistent with how RashbamRashbam Bereshit 25:22,27-28About R. Shemuel b. Meir, in contrast to Bereshit Rabbah and RashiBereshit 25:22,27-29About R. Shelomo Yitzchaki, develops the character of Esav in the earlier portion of the chapter. For more, see A Portrait of Esav.

⁷ See AbarbanelBereshit 25About R. Yitzchak Abarbanel who notes this. See also ShadalBereshit 25:31About R. S.D. Luzzatto who points out that Yaakov never even told Yitzchak that he had purchased the birthright.

⁸ Ibn Ezra and Ramban each raise both of these options.

⁹ This may be supported by the fact that the verses say that Yaakov gave Esav bread and lentils, but make no mention of money. Rashbam, on the other hand, must contend that the money, being a default means of acquisition, was left unstated.

¹⁰ Ibn Ezra brings a variety of evidence for this contention. See however, R. Avraham b. HaRambamBereshit 25:29About R. Avraham Maimonides who rejects Ibn Ezra's suggestion and RambanBereshit 25:34About R. Moshe Nachmanides who argues against each and every one of his proofs. Ibn Ezra's claim that the righteous are not always wealthy is noteworthy, as Ibn Ezra himself was destitute.

¹¹ Like Rashbam in the name of R. Meir above.

¹² See above. Ibn Ezra presents two factors which made the birthright be worth very little to Esav. First, Esav's low life expectancy is what made him initially amenable to selling the birthright. After having sold it, he additionally scorned it and thought that he got the better of the deal due to Yitzchak's dire financial straits.

¹³ Cf. Bereshit Rabbah and Rashi below. See also A Portrait of Esav for more on Ibn Ezra's view of Esav.

¹⁴ Ramban uses the term "אכזריות לבו" (cruelty of heart) and cites the verse from Mishlei 13:13 that one who despises will be destroyed.

¹⁵ This is consistent with Ramban's tendency to adhere to Chazal's character portraits in their general sense, even if not in all of their details. See Ramban's critique of Ibn Ezra on Bereshit 10:9 regarding Nimrod, and see About Ramban.

¹⁶ Ramban raises the possibility that the custom of the firstborn receiving a double portion did not exist before the Torah was given, and that the birthright was only inheriting the honored status as patriarch of the family.

¹⁷ Their replacement by the Levites in Bemidbar 3 confirms that their consecration was originally meant to take the form of service of Hashem.  For elaboration on the exact nature of the role of the firstborn, see Selection of the Priests and Levites.

¹⁸ See Bereshit Rabbah which interprets the statement of the Mishna Zevachim 14:4 "עד שלא הוקם המשכן היו הבמות מותרות ועבודה בבכורות" to refer to the Patriarchal era as well.  See also R. Avraham b. HaRambam who traces the custom as far back as Kayin and Shem.

¹⁹ The Midrash maintains that the food served simply to seal the transaction, as was the custom of merchants to eat a meal when closing a business deal. Seforno suggests instead that the food needed to change hands as part of the legal method of purchase called קנין חליפין (acquiring via exchange). He parallels its function to the role played by the exchange of the shoe in the redeemer's selling of the field as described in Ruth 4:7. Cf. Rashbam above.

²⁰ Upon finding out the strict requirements and consequences associated with the service of God, Esav felt that the birthright would ultimately led to his punishment and death for not upholding all the restrictions.

²¹ Bereshit Rabbah and Midrash Aggadah (Buber) further suggest that in these words Esav portrayed a disbelief in God. Though not explicit, this might refer to a denial of the existence of the World to Come or the resurrection of the dead, as per Bavli Bava BatraBava Batra 16bAbout the Bavli, Targum Neofiti Bereshit 25:34, and Targum Pseudo-JonathanBereshit 25:27-34About Targum Pseudo-Jonathan. When Esav says he will die, he means that death is final and nothing follows.

²² Bereshit Rabbah and Rashi are consistent with their portrayals of Esav as an idolater from the womb – see RashiBereshit 25:22,27-29About R. Shelomo Yitzchaki and contrast with RashbamRashbam Bereshit 25:22,27-28About R. Shemuel b. Meir above. For elaboration, see A Portrait of Esav.

²³ For R. Saadia, Esav's willingness to sell the birthright for a meager bowl of soup highlights his disdain of the lofty position and his unworthy character.

²⁴ Esav's occupation was physically consuming and, as such, was inconsistent with the spiritual obligations of the priesthood.

²⁵ He is portrayed as the protector of the birthright, guaranteeing that the service of God will be in the proper hands. Thus, this approach carries the dual "benefit" of casting Yaakov in a positive light and Esav in a negative one.

²⁶ This is definitely true for Midrash Aggadah and Seforno who maintain that Yaakov paid with money. Even for R. Saadia Gaon, who holds that the price set was the bowl of soup, there was no swindle since the birthright was worthless to Esav. As Seforno writes, "ובכן התבאר שלא נתאנה המוכר כי לא היה הממכר שוה אצלו כל כך". See also Midrash Aggadah above which suggests that Esav even felt that he had the upper hand, since he did not believe that the sale was valid, as the birthright was not something which could be purchased.

²⁷ Seforno disagrees on this point, but mitigates the problematic of Yaakov's behavior by pointing out that, even after the sale, Esav belittled the birthright. This suggests that his agreement to the sale did not stem from his famished state.

²⁸ Cf. PhiloQuestions on Genesis 4:172About Philo and RadakBereshit 25:28Bereshit 25:29About R. David Kimchi who claim that there is no value and only harm in giving material goods to a wicked person.

²⁹ Cf. "בְּנִי בְכֹרִי יִשְׂרָאֵל" (Shemot 4:22) and Akeidat Yitzchak below. According to this approach, the birthright in our story had a unique historical significance which is not shared by the common birthright.

³⁰ The other commentators do not take a clear position on this question. Abarbanel points out that even if the payment was in money, the moral question is not avoided, as the circumstances of the deal suggest exploitation of a starving Esav. R. D"Z Hoffmann raises both options, but makes no determination.

³¹ See Rashbam, Ibn Ezra and others above.

³² According to this interpretation, Esav is privy to the promise given in the Covenant between the Pieces (Bereshit 15:13-14) that Avraham's descendants will only inherit the Land after 400 years.

³³ According to both reads, Esav is willing to buy the birthright since he has no interest in a gift that he will not (or at least is likely not to) enjoy.

³⁴ As opposed to R"Y Bekhor Shor above, R. Hoffmann suggests that Esav was not really about to starve to death; he just felt like he would die if he did not get what he wanted. Thus, the event highlights Esav's insatiable physical desires and need to indulge in the moment, even at the price of the loss of a higher spiritual ideal.

³⁵ In contrast to both these positions, Lekach Tov (following Bavli Bava Batra and other Midrashic sources) asserts that Esav, in these words, is rejecting the existence of an afterlife.

³⁶ On Abarbanel's view of Esav, see A Portrait of Esav.

³⁷ For more, see A Portrait of Esav.

³⁸ Shadal is less critical of Esav's character, instead portraying him as so preoccupied with his hunt that he neglected any responsibility on the home front, the designated domain of the recipient of the birthright.

³⁹ Abarbanel even proposes that since Esav was undeserving, Yaakov feared that perhaps the blessing would switch to the line of Yishmael, and neither brother would receive it.

⁴⁰ Akeidat Yitzchak proves that Yaakov's orchestrations to purchase the birthright were ultimately vindicated from the fact that Yitzchak did give the blessing of Avraham to Yaakov (Bereshit 28:4) and from Hashem's usage of the phrase "בְּנִי בְכֹרִי יִשְׂרָאֵל" (Shemot 4:22). Both Yitzchak and God, thus, confirmed Yaakov and his descendants as the true inheritors of the Covenant.

⁴¹ He points out that Yaakov never gets any special privileges as a direct result of the sale, nor does his father ever point to it to validate his rights to Avraham's blessing.

⁴² See also R"Y Bekhor Shor's formulation "שאתה בכור ותקח הכל".

⁴³ The Melekhet Machshevet explains that this is the meaning of Yitzchak's words to Esav "וְעַל חַרְבְּךָ תִחְיֶה וְאֶת אָחִיךָ תַּעֲבֹד" in Bereshit 27:40. He reads the vav of "וְאֶת" as meaning "or".

⁴⁴ The Torah states regarding Avraham's inheritance, "וַיִּתֵּן אַבְרָהָם אֶת כָּל אֲשֶׁר לוֹ לְיִצְחָק" and then proceeds to mention that Avraham gave only gifts to his other children before sending them away (Bereshit 25:5-6). This could possibly serve as a Biblical precedent for a father giving all of his estate to a single son and sending off the others. However, in that case, Yitzchak is the only son from Avraham's primary wife, Sarah.

⁴⁵ Cf. JubileesChapter 24About Jubilees which places the birthright episode in the context of the famine described in Bereshit 26.

⁴⁶ The language of "וַיָּבֹא עֵשָׂו מִן הַשָּׂדֶה" is difficult, however, according to his proposal.

⁴⁷ The Hoil Moshe, on the other hand, interprets (like Rashbam's father and others above) that Esav was merely acknowledging that he lived the dangerous life of a hunter. Thus, due to his lifestyle and life expectancy, he had no aspirations to be the head of the household.

⁴⁸ R"Y Bekhor Shor flatly rejects ("והוא בדאות בעיני") the position of Rashbam above that there was a separate monetary payment (in addition to the covenantal meal of bread and lentils), apparently because he felt it has little basis in the text.

⁴⁹ For the Hoil Moshe, though, providing the stew symbolized that Yaakov acquired the head of household position, and this entailed taking responsibility for the family's needs and providing meals regularly for Esav. The Hoil Moshe is following the general idea of the second approach espoused by AbarbanelBereshit 25About R. Yitzchak Abarbanel and adopted by ShadalBereshit 25:31About R. S.D. Luzzatto.

⁵⁰ For more on R"Y Bekhor Shor's view of Esav's character, see A Portrait of Esav.

⁵¹ In contrast, the Hoil Moshe characterizes Esav as acting impulsively and later regretting his decision. Nonetheless, Hoil Moshe points out a favorable side to Esav that he respected and fulfilled the deal by settling in Seir and making peace with his brother. Cf. Abarbanel and Shadal.

⁵² In Chapter 27, R"Y Bekhor Shor is also consistent in justifying Yaakov's actions as merely trying to protect what was rightfully his from the birthright sale.

⁵³ See above that according to the Melekhet Machshevet, upon the death of a father, the younger siblings must serve the eldest or fend for themselves.

⁵⁴ According to R"Y Bekhor Shor, Yaakov forthrightly acknowledges that his interests are purely selfish: "כמו שאתה רוצה לעצמך, אני אוהב לעצמי, ואיני אוהבך יותר ממני".

⁵⁵ Radak faults Yaakov for attempting to evade the social norms which bestow honor upon the firstborn. He suggests that Yaakov was ultimately punished for attempting to avoid honoring Esav, and thus later in life he was forced to bow down before and bestow gifts upon his brother (see Bereshit 32-33). Cf. the picture painted by JosephusAntiquities 2:1:1About Josephus, and see Esav's own perspective when he says "וַיַּעְקְבֵנִי זֶה פַעֲמַיִם".

For other cases where Radak (and Ramban in his footsteps) expresses criticism of Patriarchal conduct, see Radak Bereshit 16:6, About Radak, and Patriarchal Conduct. See also the parallel discussion in Bereshit 27 with regard to Yaakov's "stealing" of the blessings from Esav.

⁵⁶ See Bereshit 36:6-7.