Pidyon Haben

From Halachipedia
Pidyon haben.gif

When a male child, who is not a Cohen or a Levi, is naturally born of his mother's first pregnancy to a father not descended of Cohanim or Levim he must be "redeemed" with the value of five biblical shekels, to be payed to a Cohen.[1]

Basics

  1. This Mitzvah is based on the pasuk בְּכוֹר בָּנֶיךָ תִּתֶּן לִּי "the firstborn of your sons you shall give Me" [2]and וְכֹל בְּכוֹר אָדָם בְּבָנֶיךָ תִּפְדֶּה "and every firstborn of man among your sons, you shall redeem" [3]. It is considered a Biblical positive commandment. [4]
  2. The idea behind the mitzvah is to redeem the firstborn of his innate kedusha as the pasuk says "קַדֶּשׁ־לִי כָל־בְּכוֹר פֶּטֶר כָּל־רֶחֶם בִּבְנֵי יִשְׂרָאֵל בָּאָדָם וּבַבְּהֵמָה לִי הוּא".[5] The kedusha is a result of Hashem killing the Egyptian firstborns and saving the Jewish firstborns.[6] Nonetheless, even before the pidyon haben the baby isn't forbidden from benefit.[7] Another explanation is that we have a mitzvah with our first offspring to recognize that everything is from Hashem.[8]
  3. The mitzvah of Pidyon Haben only applies to the male firstborn from the first pregnancy of a mother, even if it isn't the firstborn to the father, such as if he children from a previous marriage.[9]
  4. If the mother previously gave birth or had a miscarriage there is no mitzvah on the next child.[10] Certain cases of miscarriage exempt the next child from pidyon haben and some don't depending on the stage at which the miscarriage occurred.[11] A person should consult an expert rabbi regarding such a case.
  5. A firstborn who had Cesarean birth (C-section) is exempt from pidyon haben.[12]
  6. A birth which involved instrumental delivery with an episiotomy is obligated in pidyon haben.[13]
  7. Regarding a baby born with forceps delivery there is a dispute whether the baby is obligated in pidyon haben. Some hold that the baby isn't obligated because the instrument encircles the baby's head and interposes between the baby and the womb, but even according to this opinion it depends on the extent to which the baby's head was covered. Others hold that the baby is obligated in pidyon haben. [14] A rabbi should be consulted about practical cases.[15]
  8. A baby born naturally assisted with a vacuum is obligated in pidyon haben.[16]

Whose Obligation is it?

  1. The principle obligation of the mitzvah falls on the father. If the father fails to fulfill his obligation, the obligation is transferred to the son to redeem himself when he becomes the age of Bar Mitzvah (13 years old). [17]
  2. The mother has no obligation to redeem her son. [18] If she did, after the fact it is effective, unless she took her husband's money against his will.[19]
  3. Cohanim and Levim are exempt from Pidyon Haben. Even if the mother is the daughter of a Cohen or Levi, the child is also exempt from Pidyon HaBen.[20]
  4. An orphaned firstborn, according to most authorities should redeem himself when he reaches the age of Bar Mitzvah. [21] However, some authorities hold that Bet Din should redeem him as a child by gifting to him the coins. [22]Lastly, some authorities hold that the Bet Din should redeem the child (on condition that it should be effective if the child doesn’t do it himself later on) when he’s still a child and then when the child grows up he should redeem himself and both should be done without a Bracha. [23]
  5. If the father is non-Jewish, some say that the son should perform the Pidyon Haben on himself when he becomes the age of Bar Mitzvah and some say that the Bet Din should perform the Pidyon HaBen on the baby's behalf. For this type of situation, one should certainly ask one's local Orthodox Rabbi. [24]

When Should the Pidyon Haben Take Place?

  1. Pidyon HaBen may not be performed before 30 days from the baby's birth have passed and should be done on the 31st day without delaying.[25]
  2. The Ashkenazic minhag is not to perform a Pidyon HaBen at night, however, the Sephardic minhag is specifically to perform it at night. [26]
  3. A Pidyon HaBen shouldn't be performed on Shabbat or Yom Tov.[27] However, it may be performed on Chol HaMoed. [28]
  4. Some say that if the 31st day falls out on a fast day it is pushed off until the nighttime, whereas others say that it is performed in the daytime and only the meal is delayed until the nighttime. [29]

Procedure of the Pidyon HaBen

  1. According to Sephardim, the primary halacha is that one give the equivalent of 90 grams of pure silver, but it's preferable to give the equivalent of 93 grams. [30]According to Ashkenazim, one should give the equivalent of 96 grams of pure silver and the minhag is to give 100 grams.[31]
  2. The practice is to make a Seudat Mitzvah on the occasion of a Pidyon HaBen.[32]
  3. It is proper that the father of the baby and Cohen decide that the Cohen not return the money after the Pidyon Haben.[33]

Sources

  1. ↑ Rambam (Bikkurim 11:1), Shulchan Aruch YD 305:1
  2. ↑ Shemot 22:28
  3. ↑ Shemot 13:13
  4. ↑ Rambam Sefer HaMitzvot (Aseh #80), Shulchan Aruch Y"D 305:1
  5. ↑ Shemot 13:2
  6. ↑ Rashi Shemot 13:2 explains that Hashem "acquired" the firstborns when he killed the Egyptian firstborns and saved the Jewish ones. See also Shemot 13:15. The Zohar (Intro 14a, cited in Pidyon Haben Kehilchato p. 4) says that redeeming a firstborn is a merit that it should live.
  7. ↑ Gemara Bechorot 3b, Pidyon Haben Kehilchato 1:3. See, however, Seforno Shemot 13:15.
  8. ↑ Sefer Hachinuch (Mitzvah 18)
  9. ↑ Mishna (Bechorot 46a), Shulchan Aruch YD 305:17
  10. ↑ Shulchan Aruch YD 305:22
  11. ↑ See Pidyon Haben Kehilchato 2:9-16.
  12. ↑ Mishna Bechorot 47b, Shulchan Aruch YD 305:24, Pidyon Haben Kehilchato 2:17
  13. ↑ Pidyon Haben Kehilchato 2:20 quoting Har Tzvi YD 248
  14. ↑ Pidyon Haben Kehilchato 2:22 cites a dispute between Chelkat Yakov 26 who held that the baby is exempt and Igrot Moshe YD 3:125 who held that the baby is obligated.
  15. ↑ Pidyon Haben Kehilchato concludes that in our time there is no question since the doctors only begin to use tool after the baby left the edge of the womb.
  16. ↑ Pidyon Haben Kehilchata 2:23
  17. ↑ Gemara Kiddushin 29a derives from the pasuk that if the father doesn't redeem his son then the son is obligated to redeem himself when he grows up. Shulchan Aruch YD 305:15 and Kitzur Shulchan Aruch 164:8 codifies this.
    • The Pitchei Teshuva YD 305:25 quotes the Zichron Yosef who explains that the child should wait until he's the age of Bar Mitzvah so that he is obligated in the Mitzvah himself because as a child he's not obligated in the mitzvah and there's no even Chinuch for it because it's a one time mitzvah. Minchat Chinuch 392:1 has a doubt if a child did a pidyon haben for himself before he was bar mitzvah if it works since it comparable to paying off a debt, which doesn't depend on being of age for mitzvot.
    • After the son has become bar mitzvah Pidyon Haben Kehilchato (p. 7 fnt. 17) quotes a dispute whether there still exists a mitzvah on the father or the only mitzvah applies to the son. Minchat Chinuch 392:1 maintains based on the Sefer HaChinuch that the mitzvah on the father continues to be the primary mitzvah.
  18. ↑ Gemara Kiddushin 29a, Shulchan Aruch YD 305:2, Kitzur Shulchan Aruch 164:7
  19. ↑ Pidyon Haben Kehilchato 1:9
  20. ↑ Gemara Bechorot 4a, Shulchan Aruch YD 305:18, Kitzur Shulchan Aruch 164:9
  21. ↑ Maharil (Minhagim, Hilchot Pidyon HaBen #5) quotes the Mahari Segal who holds that an orphaned firstborn should do his own redemption when he grows up. This is also quoted in the Or Zaruha (vol 1, Bechorot, Siman 514). This is codified by the Rama YD 305:10 quoting the Sh”t Rivash 131. Many achronim agree including the Levush 305:9, Taz 305:11, Maadenei Melech (pg 266, quoted by Shach 305:11), Sh”t Yeriyot HaOhel 15 (quoted by Pitchei Teshuva YD 305:16), Sh”t Chemdat Shlomo YD 31-2, Kesot HaChoshen 243:17, Atzei Levonah 305, Sh”t Nachalat Yacov 4, Sh”t Tzemach Tedek 3:222, Zochrenu LeChaim YD (Peh pg 209b), Sh”t Mahaneh Chaim EH 3:75, Sh”t Meshivat Nefesh 2:40, Sh”t Tiferet Yosef YD 31, Pri Adama (vol 1, pg 139d) in name of the rabbis of Yerushalyim, Sh”t Maaseh Avraham 52, Yafeh LeLev YD 305:4, Sh”t Bet Meir 18, Sh”T Beni Binyamin 5, Sh”t Har Tzvi 242, Sh”t Yabia Omer OC 3:27, YD 8:31, Yalkut Yosef (305:13), Ben Ish Chai in Rav Brachot (81:1). [I didn’t get a chance to look up these sources but found them quoted in Sefer Otzer Pidyon HaBen (pg 217-9).]
  22. ↑ Tzedah LaDerech (Parshat Bo) in name of Maharal of Prague, Shach 305:20, Biur HaGra 305:15, Teshuvat Hagoan Melisa 22, Aruch Hashulchan 305:11, Ikrei HaDaat 33:4, Toafot Raam YD 45, Pidyon Nefesh 4:6, Daat Kedoshim 305:14, Sh”t Maharam Shik 300, Shaarei Tzedek 179, Sh”t Meshiv Dvar 87, Sh”t Tiferet Tzvi 42, Sh”t Dvar Moshe 75, Sh”t Avnei Nezer YD 396, SH”t Arugat HaBosem YD 240, Avnei Zichron 2:97, Degel Reuven 3:17, Orach Yosher YD 27, Yad David (Kiddushin 53b in the note), Maaseh Avraham 52, Sh”t Tov Taam VeDaat 2:125, Shevet Menashe 130, Mirei Kohen 1:36, Sh”t Tirosh VeYitzhar 129, Yad Yitzchak 1:25, Bar Livay YD 23-4, VaYan Avraham YD 4, and Gur Aryeh Yehuda 117. [I didn’t get a chance to look up these sources but found them quoted in Sefer Otzer Pidyon HaBen (pg 219-220).]
    • Rav Mordechai Eliyahu (comment to Kitzur Shulchan Aruch 164:8) writes that the minhag is that Bet Din, the grandfather, or someone else performs the Pidyon HaBen.
    • Kitzur Shulchan Aruch 164:8 seems to accept both options of having the Bet Din redeem him or redeeming himself when he becomes Bar Mitzvah.
    • There’s actually another two options brought by the poskim that some say that the child should redeem himself even before he grows up and some say that the grandfather should redeem the child. For a discussion of who holds these opinions and who argues see Otzer Pidyon HaBen (pg 220-1).
  23. ↑ Otzer Pidyon HaBen (pg 222), Sh”t Chatom Sofer 295, Sh”t Arugat HaBosem 240, Sh”t Pani Mabin 226, Sh”t Shevet Sofer 98, Sh”t Tov Taam VeDaat 2:125, and Mishneh Halachot YD 231.
  24. ↑ See previous note. See also Rabbis from Yeshiva Har Bracha who says that the Bet Din should do it and Rav Dov Liyor who says that the child should do it when he becomes the age of Bar Mitzvah.
  25. ↑ Mishna Bechorot 49a says that doing a pidyon haben before thirty days have passed is ineffective. Shulchan Aruch YD 305:11 and Kitzur Shulchan Aruch 164:3 codify this.
  26. ↑ Kitzur Shulchan Aruch 164:3 writes that the Ashkenazic minhag is not to perform it at night, unless the 31st day fell out on Shabbat or Yom Tov in which case the Pidyon HaBen is performed the night after the 31st and not pushed off until the morning. Rav Hershel Schachter in Shuir on Parshat Bo (towards end of shiur) agrees about the Ashkenazic minhag. Yalkut Yosef YD 305:68, however, writes that Sephardic minhag is to perform a pidyon haben at night.
  27. ↑ Shulchan Aruch YD 305:11. The Trumat Hadeshen (no. 269) explains that a pidyon haben shouldn't take place on Shabbat because it appears like a business transaction. Even if one were to give the money before Shabbat on condition that it would be effective on Shabbat, it is still an issue because there would be doubt as to when to recite the bracha and perform the meal in honor of the pidyon haben.
  28. ↑ Rama YD 305:11, Kitzur Shulchan Aruch 164:3
  29. ↑ Kitzur Shulchan Aruch 164:3 writes that if the 31st falls out on a fast day it is pushed off until the nighttime. Rav Mordechai Eliyahu (comments on Kitzur Shulchan Aruch 164:3) writes that from the Shach, Magen Avraham, and Dagul Mirvava it seems that only the meal is delayed until the nighttime.
  30. ↑ Yalkut Yosef YD 305:42 based on Sh"t Yechave Daat 4:54. (Rav Mordechai Eliyahu in his comment to Kitzur Shulchan Aruch 164:1 writes that the amount is about 100 grams of silver. However, this may be based on an older calculation of the Darham. See Shiurim.)
  31. ↑ Rav Chaim Kanievsky in Shiurin Deoritta (pg 35 #17), Rav Hershel Schachter in Shuir on Parshat Bo (towards end of shiur)
  32. ↑ Kitzur Shulchan Aruch 164:1. See Rabbi Mansour on dailyhalacha.com or Sdei Chemed 60:54 about the importance of the meal of a pidyon haben.
  33. ↑ Kitzur Shulchan Aruch 164:6. Chida (Midbar Kademot 80:10) writes that there is an old tradition that happily giving the money for pidyon haben and not taking it back is a merit that the child should be saved from illness.
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