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Pidyon Haben: Difference between revisions
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→When is a Pidyon Necessary?
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==When is a Pidyon Necessary?== | ==When is a Pidyon Necessary?== | ||
===Firstborn of the Mother=== | ===Firstborn of the Mother=== | ||
# 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> | # 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 has children from a previous marriage. Similarly, if she has children already, even if this is his first, there would not be a pidyon haben.<ref>Mishna (Bechorot 46a), Shulchan Aruch YD 305:17, Yalkut Yosef Sova Semachot vol. 2 pg. 251 </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. | # 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. | ||
===Yisrael=== | ===Yisrael=== | ||
# 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> | # 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> | ||
===Delivery=== | ===Delivery=== | ||
# 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, Yalkut Yosef (Sova Semachot v. 2, p. 251)</ref> | # A firstborn who had Cesarean birth (C-section) is exempt from pidyon haben. The subsequent births would also be exempt from pidyon haben, even if they are vaginal births.<ref>The opinion of the Tanna Kamma in Mishna Bechorot 47b, Rambam Bikkurim 11:16, Shulchan Aruch YD 305:24, Pidyon Haben Kehilchato 2:17, Yalkut Yosef (Sova Semachot v. 2, p. 251)</ref> | ||
# A birth which involved the doctor widening the vagina with an episiotomy cut to aid in delivery is obligated in pidyon haben.<ref>Pidyon Haben Kehilchato 2:20 quoting Har Tzvi YD 248, Yalkut Yosef (Sova Semachot v. 2, p. 254)</ref> | # A birth which involved the doctor widening the vagina with an episiotomy cut to aid in delivery is obligated in pidyon haben.<ref>Pidyon Haben Kehilchato 2:20 quoting Har Tzvi YD 248, Yalkut Yosef (Sova Semachot v. 2, p. 254)</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 | # 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 Yoav YD 26 who held that the baby is exempt and Igrot Moshe YD 3:125 who held that the baby is obligated. Chelkat Yaakov 1:41 held that it should be done without a beracha. | ||
# A baby born naturally assisted with a vacuum is obligated in pidyon haben.<ref>Pidyon Haben Kehilchata 2:23, Yalkut Yosef (Sova Semachot | * Yalkut Yosef (Sova Semachot vol. 2, pg. 253) holds that the baby is obligated in pidyon haben without a bracha, though one who recites a נeracha has on who to rely, since most poskim nowadays say that it must be performed with a beracha. | ||
* Nishmat Avraham vol 2. YD 305:5 says that nowadays one must perform a pidyon.</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, Yalkut Yosef (Sova Semachot vol. 2, pg. 255), Otzar Pidyon Haben 1:46</ref> | |||
===In Vitro=== | ===In Vitro=== | ||
# An in vitro fertilization baby is obligated in pidyon haben.<ref>Yalkut Yosef (Sova Semachot | # An in vitro fertilization baby is obligated in pidyon haben.<ref>Yalkut Yosef (Sova Semachot vol. 2, p. 255), Shevet Halevi 3:176</ref> If he does not know his father, he must redeem himself when he becomes of age.<ref>Yalkut Yosef Sova Semachot vol. 2 pg. 255 </ref> | ||
==Whose Obligation is it?== | ==Whose Obligation is it?== | ||
