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Pidyon Haben: Difference between revisions
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==Whose Obligation is it?== | ==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 | # The principle obligation of the mitzvah falls on the father.<ref> Kiddushin 29a, Rambam Hilchot Bikkurim 11:1, Yalkut Yosef Sova Semachot vol. 2 pg. 224 </ref> 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, Kitzur Shulchan Aruch 164:8 and Yalkut Yosef Sova Semachot vol. 2 pg. 224 codify 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. | ||
* 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.</ref> | * 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. Shu"t Harashba 2:321 agrees. <br /> | ||
# The mother has no obligation to redeem her son. <ref> | However, the Rivash 131 argues that once the child has reached the age of 13, the obligation is lifted entirely from the father and transfers to the child. </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 | # The mother has no obligation to redeem her son. <ref>Rambam Hilchot Bikkurim 11:2, Tur and Shulchan Aruch YD 305:2, Kitzur Shulchan Aruch 164:7 based on Gemara Kiddushin 29a which derives from a pasuk that just as she doesn't need to be redeem, she isn't commanded to redeem </ref> If she did, after the fact it is effective, unless she took her husband's money against his will.<ref>Pidyon Haben Kehilchato 1:9. Yalkut Yosef Sova Semachot vol. 2 pg. 228 writes that if the mother redeemed the son, the father should do so again, without the beracha</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 Zarua (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]]. | ||
* 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]]. | * 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]]. | ||
