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Pidyon Haben: Difference between revisions
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When a male child, who is not a | 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.<ref>Rambam (Bikkurim 11:1), Shulchan Aruch YD 305:1</ref> | ||
== | ==Basics== | ||
# This Mitzvah is based on the pasuk בְּכוֹר בָּנֶיךָ תִּתֶּן לִּי "the firstborn of your sons you shall give Me" <ref>Shemot 22:28 </ref>and וְכֹל בְּכוֹר אָדָם בְּבָנֶיךָ תִּפְדֶּה "and every firstborn of man among your sons, you shall redeem" <ref>Shemot 13:13 </ref>. It is considered a Biblical positive commandment. <ref>Rambam Sefer HaMitzvot (Aseh #80), Shulchan Aruch Y"D 305:1 </ref> | # This Mitzvah is based on the pasuk בְּכוֹר בָּנֶיךָ תִּתֶּן לִּי "the firstborn of your sons you shall give Me" <ref>Shemot 22:28 </ref>and וְכֹל בְּכוֹר אָדָם בְּבָנֶיךָ תִּפְדֶּה "and every firstborn of man among your sons, you shall redeem" <ref>Shemot 13:13 </ref>. It is considered a Biblical positive commandment. <ref>Rambam Sefer HaMitzvot (Aseh #80), Shulchan Aruch Y"D 305:1 </ref> | ||
# 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".<ref>Shemot 13:2</ref> The kedusha is a result of Hashem killing the Egyptian firstborns and saving the Jewish firstborns.<ref>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.</ref> Nonetheless, even before the pidyon haben the baby isn't forbidden from benefit.<ref>Gemara Bechorot 3b, Pidyon Haben Kehilchato 1:3. See, however, Seforno Shemot 13:15.</ref> Another explanation is that we have a mitzvah with our first offspring to recognize that everything is from Hashem.<ref>Sefer Hachinuch (Mitzvah 18)</ref> | |||
==Obligation== | ==Obligation== | ||
# The principle obligation of this law 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). <ref> | # The principle obligation of this law 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). <ref>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.</ref> | ||
# The mother has no obligation to redeem her son. <ref>Shulchan Aruch YD 305:2, Kitzur Shulchan Aruch 164:7 </ref> | # The mother has no obligation to redeem her son. <ref>Gemara Kiddushin 29a, Shulchan Aruch YD 305:2, Kitzur Shulchan Aruch 164:7 </ref> | ||
# 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]].<Ref>Kitzur Shulchan Aruch 164:9</ref> | # 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]].<Ref>Gemara Bechorot 4a, Shulchan Aruch YD 305:18, Kitzur Shulchan Aruch 164:9</ref> | ||
# An orphaned firstborn, according to most authorities should redeem himself when he reaches the age of [[Bar Mitzvah]]. <Ref>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).] </ref> However, some authorities hold that Bet Din should redeem him as a child by gifting to him the coins. <Ref>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).] | # An orphaned firstborn, according to most authorities should redeem himself when he reaches the age of [[Bar Mitzvah]]. <Ref>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).] </ref> However, some authorities hold that Bet Din should redeem him as a child by gifting to him the coins. <Ref>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]]. | * 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]]. | ||
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# 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. <ref>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]].) </ref>According to Ashkenazim, one should give the equivalent of 96 grams of pure silver and the minhag is to give 100 grams.<ref>Rav Chaim Kanievsky in Shiurin Deoritta (pg 35 #17), [http://www.yutorah.org/lectures/lecture.cfm/768798/Rabbi_Hershel_Schachter/Parsha_Shiur_-_Bo_5772 Rav Hershel Schachter] in Shuir on Parshat Bo (towards end of shiur) </ref> | # 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. <ref>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]].) </ref>According to Ashkenazim, one should give the equivalent of 96 grams of pure silver and the minhag is to give 100 grams.<ref>Rav Chaim Kanievsky in Shiurin Deoritta (pg 35 #17), [http://www.yutorah.org/lectures/lecture.cfm/768798/Rabbi_Hershel_Schachter/Parsha_Shiur_-_Bo_5772 Rav Hershel Schachter] in Shuir on Parshat Bo (towards end of shiur) </ref> | ||
# The practice is to make a Seudat Mitzvah on the occasion of a [[Pidyon HaBen]].<ref>Kitzur Shulchan Aruch 164:1. See [http://www.dailyhalacha.com/displayRead.asp?readID=2262 Rabbi Mansour on dailyhalacha.com] or Sdei Chemed 60:54 about the importance of the meal of a pidyon haben.</ref> | # The practice is to make a Seudat Mitzvah on the occasion of a [[Pidyon HaBen]].<ref>Kitzur Shulchan Aruch 164:1. See [http://www.dailyhalacha.com/displayRead.asp?readID=2262 Rabbi Mansour on dailyhalacha.com] or Sdei Chemed 60:54 about the importance of the meal of a pidyon haben.</ref> | ||
# It is proper that the father of the baby and Cohen decide that the Cohen not return the money after the Pidyon Haben.<Ref>Kitzur Shulchan Aruch 164:6</ref> | # It is proper that the father of the baby and Cohen decide that the Cohen not return the money after the Pidyon Haben.<Ref>Kitzur Shulchan Aruch 164:6. [http://www.hebrewbooks.org/pdfpager.aspx?req=41714&st=&pgnum=135 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. </ref> | ||
==Sources== | ==Sources== | ||
<references/> | <references/> | ||
[[Category:Lifecycles]] | [[Category:Lifecycles]] | ||
