QUESTION: Does the mitzvah to honor one’s eldest brother continue even after one’s parents have passed away?

ANSWER: The Gemara (Kesubos 103a) derives from the word es in the pasuk (Shemos 20:12) “Honor [es] your father and [es] your mother” that one is also obligated to honor stepparents. The mitzvah of honoring your father includes honoring your stepmother, and the mitzvah to honor your mother includes honoring your stepfather. Likewise, from the word “and” the Gemara derives that one must also honor their eldest brother. The Gemara then concludes that this is only while your parents are alive, but after their death, there is no longer a mitzvah (though Shulchan Aruch writes that it is proper to continue to do so). The Ramban (Sefer Hamitzvos, shoresh 2) writes that he is uncertain how to understand this Gemara. When the Gemara said that the mitzvah only applies so long as the parents are alive, was that only referring to the stepparents, or was it referring to the eldest brother as well? Poskim point out that the Rambam (Mamrim 6:15) implies that the mitzvah to honor one’s eldest brother is not limited to when the parents are alive, and other Rishonim, such as the Shita Mekubetzes, write this explicitly.

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The Gerald & Karin Feldhamer OU Kosher Halacha Yomis is dedicated to the memory of Rav Yisroel Belsky, zt"l, who served as halachic consultant for OU Kosher for more than 28 years; many of the responses in Halacha Yomis are based on the rulings of Rabbi Belsky. Subscribe to the Halacha Yomis daily email here.