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Pidyon Haben: Difference between revisions
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# 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> | # 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== | # 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.<ref>Mishna (Bechorot 46a), Shulchan Aruch YD 305:17</ref> | ||
# If the mother previously gave birth or had a miscarriage there is no mitzvah on the next child.<ref>Shulchan Aruch YD 305:22</ref> Certain cases of miscarriage exempt the next child from pidyon haben and some don't depending on the stage at which the miscarriage occurred.<ref>See Pidyon Haben Kehilchato 2:9-16.</ref> A person should consult an expert rabbi regarding such a case. | |||
# A firstborn who had Cesarean birth (C-section) is exempt from pidyon haben.<ref>Mishna Bechorot 47b, Shulchan Aruch YD 305:24, Pidyon Haben Kehilchato 2:17</ref> | |||
# A birth which involved instrumental delivery with an episiotomy is obligated in pidyon haben.<ref>Pidyon Haben Kehilchato 2:20 quoting Har Tzvi YD 248</ref> | |||
# 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. <ref>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.</ref> A rabbi should be consulted about practical cases.<Ref>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.</ref> | |||
# A baby born naturally assisted with a vacuum is obligated in pidyon haben.<ref>Pidyon Haben Kehilchata 2:23</ref> | |||
==Whose Obligation is it?== | |||
# 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). <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 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). <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. | * 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. | ||
