Pidyon Haben: Difference between revisions
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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" by his father with the value of five biblical shekels, to be payed to a Cohen.<ref>Rambam (Bikkurim 11:1), Shulchan Aruch YD 305:1, Yalkut Yosef Sova Semachot vol. 2 pg. 221 </ref> | 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" by his father with the value of five biblical shekels, to be payed to a Cohen.<ref>Rambam (Bikkurim 11:1), Shulchan Aruch YD 305:1, Yalkut Yosef Sova Semachot vol. 2 pg. 221 </ref> | ||
==Background== | ==Background== | ||
# 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, Mishna Kidushin 29a </ref>. It is considered a | # 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, Mishna Kidushin 29a </ref>. It is considered a biblical positive commandment. <ref>Rambam Sefer HaMitzvot (Aseh #80), Sefer Hachinuch Mitzva 18, Shulchan Aruch Y"D 305:1, Smag Aseh 143-144, Smak 243, Yereim 140 </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> | ||
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# A baby born naturally assisted with a vacuum is obligated in pidyon haben.<ref>Pidyon Haben Kehilchata 2:23, Otzar Pidyon Haben 1:note 46, Yalkut Yosef (Sova Semachot vol. 2, pg. 255), Otzar Pidyon Haben 1:46</ref> | # A baby born naturally assisted with a vacuum is obligated in pidyon haben.<ref>Pidyon Haben Kehilchata 2:23, Otzar Pidyon Haben 1:note 46, Yalkut Yosef (Sova Semachot vol. 2, pg. 255), Otzar Pidyon Haben 1:46</ref> | ||
=== | ===Artificial Insemination=== | ||
# | # A child born through in vitro fertilization or any other means of artificial insemination, if the sperm donor is the father (the mothers husband), the father is obligated in pidyon haben.<ref>Yalkut Yosef (Sova Semachot vol. 2, p. 255), Shevet Halevi 3:176</ref> If the donor was anonymous, the child 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?== | ||
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# As he gives the coins, the father says this is for the redemption of my son and the kohen responds that I received these coins on behalf of the redemption. Then the kohen places the coins over the son's head and says that these are for your son.<ref>Yalkut Yosef (Sova Semachot v. 2, p. 326), [http://www.dailyhalacha.com/Display.asp?ClipDate=1/19/2012 Rabbi Eli Mansour]</ref> | # As he gives the coins, the father says this is for the redemption of my son and the kohen responds that I received these coins on behalf of the redemption. Then the kohen places the coins over the son's head and says that these are for your son.<ref>Yalkut Yosef (Sova Semachot v. 2, p. 326), [http://www.dailyhalacha.com/Display.asp?ClipDate=1/19/2012 Rabbi Eli Mansour]</ref> | ||
# The kohen proceeds to bless the baby with the pesukim of birkat kohanim and a yehey ratzon. <ref>Yalkut Yosef (Sova Semachot v. 2, p. 327), [http://www.dailyhalacha.com/Display.asp?ClipDate=1/19/2012 Rabbi Eli Mansour]</ref> | # The kohen proceeds to bless the baby with the pesukim of birkat kohanim and a yehey ratzon. <ref>Yalkut Yosef (Sova Semachot v. 2, p. 327), [http://www.dailyhalacha.com/Display.asp?ClipDate=1/19/2012 Rabbi Eli Mansour]</ref> | ||
# Then the kohen makes a hagefen on the wine and drinks a little<ref>Yalkut Yosef Sova Semachot vol. 2 pg. 329 says that you only need to have a little bit of wine, as the Taz 265:10 writes regarding drinking wine at the bris, that since the only reason for having wine is because we don't sing praise without wine, there is no minimum amount to drink</ref>. | # Then the kohen makes a hagefen on the wine and drinks a little<ref>Yalkut Yosef Sova Semachot vol. 2 pg. 329 says that you only need to have a little bit of wine, as the Taz 265:10 writes regarding drinking wine at the bris, that since the only reason for having wine is because we don't sing praise without wine, there is no minimum amount to drink</ref>. Sephardim have the custom to make a bracha on besamim,<Ref> Yalkut Yosef (Sova Semachot vol. 2, pg. 327), [http://www.dailyhalacha.com/Display.asp?ClipDate=1/19/2012 Rabbi Eli Mansour]. This custom is mentioned by the Rosh Bechorot Hilchot Pidyon Bechor Siman 1 and Shu”t HaRashba 1:200</ref> while Ashkenazim do not.<ref>[https://www.yeshiva.org.il/midrash/1943 Rav Eliezer Melamed] </ref> | ||
#Some then have the custom to recite another bracha of asher kidesh ubar bim'ei imo without shem u'malchut.<Ref>Yalkut Yosef (Sova Semachot v. 2, p. 327), [http://www.dailyhalacha.com/Display.asp?ClipDate=1/19/2012 Rabbi Eli Mansour]<br /> | #Some then have the custom to recite another bracha of asher kidesh ubar bim'ei imo without shem u'malchut.<Ref>Yalkut Yosef (Sova Semachot v. 2, p. 327), [http://www.dailyhalacha.com/Display.asp?ClipDate=1/19/2012 Rabbi Eli Mansour]<br /> | ||
This beracha is mentioned by the Tur 305 in the name of the Geonim. The Bach there, writes that the reason for this is similar to the beracha after a brit mila, asher kidesh yedid mibeten. However, the Rosh (Bechorot 8:1 and Kiddushin 1:41) says that the minhag is not to recite this beracha<br /> | This beracha is mentioned by the Tur 305 in the name of the Geonim. The Bach there, writes that the reason for this is similar to the beracha after a brit mila, asher kidesh yedid mibeten. However, the Rosh (Bechorot 8:1 and Kiddushin 1:41) says that the minhag is not to recite this beracha<br /> | ||
Shulchan Gavoha 305:21 concludes that the minhag is to recite it without a beracha. Nahar Mitzrayim 26 agrees.</ref> | Shulchan Gavoha 305:21 concludes that the minhag is to recite it without a beracha. Nahar Mitzrayim 26 agrees.</ref> | ||
===Giving the Money=== | ===Giving the Money=== | ||
# 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>[http://www.dailyhalacha.com/m/halacha.aspx?id=2259 Rabbi Eli Mansour], 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>[http://www.dailyhalacha.com/m/halacha.aspx?id=2259 Rabbi Eli Mansour], 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.hebrewbooks.org/pdfpager.aspx?req=20888&pgnum=363 Rav Chaim Noeh in Shiurei Torah (3:45)], [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> | ||
# One does not necessarily need to give silver coins; he could give that value in merchandise as well, but not with land or documents.<ref>SHulchan Aruch YD 305:3, Yalkut Yosef Sova Semachot vol. 2 pg. 279</ref> According to many poskim, our paper money or coins should not be used since they lack inherent value.<ref> Shu"t Chatam Sofer YD 134, Aruch Hashulchan 305:18, Shu"t Oneg Yom Tov YD 102, Minchat Shlomo 71:23</ref> Others are lenient.<ref> Shu"t Ein Yitzchak YD 30 </ref> Therefore, it is best to use silver coins.<ref> Yalkut Yosef Sova Semachot vol. 2 pg. 282, [https://www.yeshiva.org.il/midrash/1943 Rav Eliezer Melamed] </ref> | # One does not necessarily need to give silver coins; he could give that value in merchandise as well, but not with land or documents.<ref>SHulchan Aruch YD 305:3, Yalkut Yosef Sova Semachot vol. 2 pg. 279</ref> According to many poskim, our paper money or coins should not be used since they lack inherent value.<ref> Shu"t Chatam Sofer YD 134, Aruch Hashulchan 305:18, Shu"t Oneg Yom Tov YD 102, Minchat Shlomo 71:23</ref> Others are lenient.<ref> Shu"t Ein Yitzchak YD 30 </ref> Therefore, it is best to use silver coins.<ref> Yalkut Yosef Sova Semachot vol. 2 pg. 282, [https://www.yeshiva.org.il/midrash/1943 Rav Eliezer Melamed] </ref> | ||
# One cannot write a check for the requisite amount to fulfill pidyon haben.<ref> Pidyon Haben Kehilchato 7:13, Otzar Pidyon Haben 14:6, [https://www.yeshiva.org.il/midrash/1943 Rav Eliezer Melamed] </ref> | # One cannot write a check for the requisite amount to fulfill pidyon haben.<ref> Pidyon Haben Kehilchato 7:13, Otzar Pidyon Haben 14:6, [https://www.yeshiva.org.il/midrash/1943 Rav Eliezer Melamed] </ref> | ||
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* 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. | * 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. | ||
* The Noda Biyehuda YD 187 says it should be done during the day, to ensure that 29 days, | * The Noda Biyehuda YD 187 says it should be done during the day, to ensure that 29 days, | ||
* Maharsham 568:5 says because the makkat bechorot was finished during the day.</ref> On the other hand, the Sephardic minhag is | * Maharsham 568:5 says because the makkat bechorot was finished during the day.</ref> On the other hand, the Sephardic minhag is to even perform it at night.<ref> Yalkut Yosef Sova Semachot vol. 2 pg. 313 (YD 305:67), however, writes that Sephardic minhag is to perform a pidyon haben at night.</ref> | ||
===If the Baby is in the Hospital=== | ===If the Baby is in the Hospital=== | ||
# In the unfortunate event that the baby is in the hospital when the pidyon should take place, they should not delay the pidyon for that. Rather, they should perform the pidyon on-time without the baby being present.<ref>Yalkut Yosef Sova Semachot vol. 2 pg. 239, Rama 305:10 </ref> | # In the unfortunate event that the baby is in the hospital when the pidyon should take place, they should not delay the pidyon for that. Rather, they should perform the pidyon on-time without the baby being present.<ref>Yalkut Yosef Sova Semachot vol. 2 pg. 239, Rama 305:10 </ref> | ||
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<references/> | <references/> | ||
[[Category:Lifecycles]] | [[Category:Lifecycles]] | ||
[[Category:Kohanim]] | |||
