הַבְּכוֹר נוֹטֵל פִּי שְׁנַיִם בְּנִכְסֵי הָאָב, וְאֵינוֹ נוֹטֵל פִּי שְׁנַיִם בְּנִכְסֵי הָאֵם. וְאֵינוֹ נוֹטֵל פִּי שְׁנַיִם בַּשֶּׁבַח, וְלֹא בָרָאוּי כְּבַמֻּחְזָק. וְלֹא הָאִשָּׁה בִּכְתֻבָּתָהּ, וְלֹא הַבָּנוֹת בִּמְזוֹנוֹתֵיהֶן, וְלֹא הַיָּבָם. וְכֻלָּן אֵין נוֹטְלִין בַּשֶּׁבַח, וְלֹא בָרָאוּי כְּבַמֻּחְזָק:
The firstborn takes a double portion in the property of his father but does not take a double portion of the mother's property. And he does not take a double portion in [its increase in] value [after his death], nor in what is fit [to come into possession of his estate, but rather] in what he holds now. Neither a woman [collect] for her <i>ketubah</i> nor daughters for their sustenance, and nor the <i>yavam</i>, none of them take a double portion in [its increase in] value [after his death], nor in what is fit [to come into possession of his estate, but rather] in what he holds now.
Gray Matter III
There are several important exceptions to this seemingly simple Halachah. First, a son born by Caesarean section does not qualify for the double portion (Bechorot 8:9). In addition, the Mishnah (ibid.) teaches that the bechor is entitled to receive a double share only from assets held by the decedent at the time of his death (muchzak). The bechor does not receive a double portion from the contingent assets (ra’ui) – the assets to which the decedent had a right at the time of death but which he did not actually have in hand (e.g. unpaid debts). There is considerable debate concerning the implementation of this rule. For example, Rav Ovadia Yosef (Teshuvot Yabia Omer 8 C.M. 8) and Rav Yaakov Blau (Pitchei Choshen 8:2:26) rule that money deposited in a bank is considered ra’ui. On the other hand, Rav Hershel Schachter records (Sha’arei Tzedek 7:110) that Rav Moshe Feinstein believed that money deposited in a bank, including the interest accumulated before death, is considered muchzak. A similar dispute exists between Rav Yechezkel Landau (Teshuvot Noda Biy’huda C.M. 1:34) and the Aruch Hashulchan (C.M. 278:13) as to whether government bonds are considered ra’ui or muchzak.
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