4. Who – The Mitzvah for the father to redeem the child:[1]

The positive command is for the father to redeem his son.[2]

The mother:[3] The Mitzvah and obligation to redeem the firstborn son is only upon the father, and not on the mother. Thus, if for whatever reason the father cannot do the Mitzvah, there is no obligation on the mother to do so and furthermore, she is initially restricted[4] from doing so and rather the redemption is to be delayed until the father does so, or the child reaches the age of Bar Mitzvah and redeems himself, as explained next.

Shliach – Having another person do the redemption on behalf of the father:[5] Some Poskim[6] rule that the father cannot appoint a Shliach to redeem his child on his behalf. Likewise, a Jewish court cannot redeem the child without the father. [Accordingly, if the father is not available, such as due to being incarcerated, or out of the country, or is separated from the mother, or is in a coma, or is in a mental asylum, then the child may not be redeemed by the mother or any other person. However, in such a case, if the father is in a state of sanity, then he may perform the redemption himself with a Kohen in his locality and does not need to be near the child.] However, most Poskim[7] rule that the father may redeem his son through a Shliach and hence may appoint someone as an emissary to do the redemption on his behalf, as will be explained. Likewise, the Jewish courts may redeem the father if the father transgressed and did not redeem his son.[8] Furthermore, some Poskim[9] rule that any individual can decide on his own accord to give the money to the Kohen on behalf of the firstborn child even without the father’s consent, and the child is considered redeemed, as he is considered the Shliach of the father. Based on this, some Poskim[10] rule that the Jewish courts may redeem the father if the father passed away, as will be explained in the next halacha regaridng an orphan. Practically, the father is to initially be stringent to not redeem the child through an emissary and is rather to do so personally.[11] [This, however, only applies against having another person give his own money to the Kohen on behalf of the newborn and hence perform the entire ceremony on behalf of the father without the father’s involvement. However, it is even initially permitted for the father to separate his own money and give it to an emissary to give to the Kohen, with him the father telling the Kohen that he is redeeming his son through the money that he is sending him through a Shliach.[12]]

If father is not with the newborn:[13] Based on all the above, even if the father is not in the same city as the newborn on the day of the redemption, he is not to appoint a Shliach to do so on his behalf in the city of the newborn, and is rather to do the redemption in his own city with a local Kohen, not in the presence of the newborn. However, if there is no Kohen available in his locality, he may appoint an emissary to do so, as rule most Poskim above.

[1] See Pidyon Haben Kehilchaso 1:6; 29-30

[2] Siddur Admur; Michaber 305:1; Tur 305:1; Rambam Bikurim 11:1; Kiddushin 29a; Shemos 13:13; Chinuch Mitzvah 392, Positive 157; Shevach Habris 1:1; See Pidyon Haben Kehilchaso 1:1-2

Is the Mitzvah on the father or on the son? Regarding if the main Mitzvah is on the father to redeem his son, and it is just that if the father did not do so, then the obligation falls on the son. Or, if the main mitzvah is for the child to be redeemed, and it is just that the child cannot do so when he is young and is hence placed onto the father’s list of responsibilities to perform: See Chinuch ibid; Kiddushin 29a; Chasam Sofer Y.D. 296; Tziyunim Letorah Kelal 37; Pidyon Haben Kehilchaso 1:10 footnote 16 and 25 and Miluim 1 in length; Likkutei Sichos 11 Parshas Bo p. 42, printed in Shulchan Menachem 5 p. 237

Is the Mitzvah upon the father to redeem his son even after his son becomes Bar Mitzvah? This matter is debated amongst the Poskim and is dependent on the above debate. See Pidyon Haben Kehilchaso 1:13; Likkutei Sichos 11 Parshas Bo p. 42, printed in Shulchan Menachem 5 p. 237

[3] Michaber 305:2; Rambam Bikkurim 305:2; See Pidyon Haben Kehilchaso 1:8-9

^[4] Bedieved, if the mother redeemed the child: If the mother went ahead and redeemed the child with her husband’s assets before the father got a chance to do so, then the child is not redeemed. [Pischeiy Teshuvah 305:3] This implies that if the mother redeems the child with her own money then the child is redeemed. Thus although a mother is not obligated to redeem, she nevertheless still has the power to do so. [See Pidyon Haben Kehilchaso ibid footnote 23]

[5] See Pidyon Haben Kehilchaso 1:15-24 [if father alive]; 25-28 [by Yasom]; See Igros Kodesh 1:294, printed in Shulchan Menachem 5:237

^[6] Rama 305:10; Darkei Moshe 305:10; Rivash 131; Levush 305:10; Many Poskim in Pidyon Haben Kehilchaso ibid footnote 41; See Aruch Hashulchan 305:6-7; Pidyon Haben Kehilchaso ibid footnote 41 in great length and Miluim 1; See Igros Kodesh 1:294, printed in Shulchan Menachem 5:237 for a defense of the opinions of the Rama ibid

[7] Shach 305:11; Taz 305:11; Shach ibid in name of: Rashal Yam Shel Shlomo Kiddushin 1:54; Meil Tzedek; Derisha 305:14; Ran Pesachim 3b; Divrei Chamudos Bechoros 8:17; Tzeida Laderech; Mahariy Bruno 66; Machanhe Efraim Hilchos Zechiya 7; Many Poskim in Pidyon Haben Kehilchaso ibid footnote 42, see there in great length

^[8] Shach 305:11; Taz 305:11

[9] Taz 305:11; Beir Heiytiv 305:11; See Pidyon Haben Kehilchaso 1:21 footnote 63

^[10] Shach 305:11 in negation of Divrei Chamudos and Nekudos Hakesef ibid in negation of Taz ibid

Other opinions: Some Poskim rule that once the father has passed away no other person can redeem the child, and rather the child must wait until he becomes Bar Mitzvah and redeems himself. [Taz 305:11; Divrei Chamudos Bechoros 8:17; Tzemach Tzedek Y.D. 222]

[11] Pidyon Haben Kehilchaso ibid footnote 43

[12] Chidushei Rav Akiva Eiger 305:10; Pidyon Haben Kehilchaso 1:16 and footnote 44 in name of many Poskim; Igros Kodesh 1:294, printed in Shulchan Menachem 5:237

[13] Pidyon Haben Kehilchaso 1:16