בראשית, פרק ל״ה, פסוק כ״ג

With the birth of Benjamin, the family of twelve is finally complete. The narrative waits until this exact stage to list all the brothers together, ensuring the ongoing story remains uninterrupted [רשב״ם, רד״ק]. Yet, immediately following the account of his severe actions involving Bilhah, Reuben is specifically highlighted as the firstborn. Commentators offer several ways to understand why he retains this honored title despite his behavior.

From a chronological and legal standpoint, the birthright was not actually removed from Reuben until shortly before his father's death [ביאור יש״ר, ביאור שטיינזלץ]. On a spiritual level, his repentance was accepted by God, allowing his status to remain intact in this world until his father officially revoked it [ספורנו]. Another perspective views the retention of the title as a defense of his character. The close placement of his title to the severe incident suggests he did not commit the actual sin. Being his father's first offspring rooted a deep purity within him, keeping him away from such a terrible act. This innocence is evidenced by his immediate inclusion alongside his wholesome brothers [אור החיים].

The primary approach among commentators is that Reuben only lost specific aspects of his birthright while keeping others. God does not hastily erase family lineages, and therefore Reuben maintained his genealogical status as the firstborn forever. His punishment was losing the birthright of honor and tribal leadership to Joseph, who was granted the right to establish two separate tribes [רד״ק, רבנו בחיי, רש״י]. Despite this loss, Reuben remained the firstborn in other significant ways. He is consistently counted first in the order of the tribes and holds the primary position regarding the Temple service, as his name was engraved first on the High Priest's breastplate and ephod [רש״י, שפתי חכמים, רבנו בחיי].

A disagreement exists regarding the financial privileges of the birthright. While some maintain that Reuben lost the financial inheritance as well [רד״ק, רבנו בחיי], others argue he retained his right to a double portion [רש״י]. To reconcile this with the fact that Joseph received a double portion of land in Israel, a distinction is made between the types of inheritance. Joseph received the birthright concerning the division of the land, but Reuben received a double portion of his father's personal and private assets [הדר זקנים].