| Deuteronomy 21:16
| And he meaneth to divide his substance among his sons: he may not make the son of the beloved the first-born, and prefer him before the son of the hated;
| Hated, or less loved. (Haydock) --- The inheritance goes to the first-born independently of the father's disposition, in order to prevent the disturbances which would otherwise have taken place in families, where the different wives would have been continually endeavouring to get their respective children preferred before the rest. David indeed assigned the throne to Solomon, to the exclusion of Adonias; but this was done by the command of God, 3 Kings 1:17. The regulation of Jacob, in favour of Joseph, was made prior to this law. The Jewish doctors inform us, that a father cannot disinherit any of his lawful heirs, except the judges ratify his sentence, while he is in health. But if he be dangerously ill, his verbal declaration will suffice, provided he appoint some one whom the law does not reject. For if he were to make a Gentile his heir, the will would be null. The testament must be made in the day time, for which they cite Ecclesiasticus 33:24. They say likewise that a father may, while living, give his effects to whom he pleases, and by this means disinherit his children; or he may give the succession to one of them, who is then considered as a tutor of the rest, and is bound to maintain them with necessaries till the year of jubilee, when each may claim his respective share. (Selden, Succes. c. xxiv.) But all these regulations seem to contradict the law. (Calmet)
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