Halakhah su Bekhorot 8:11

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.