Parsha Halacha
- Taanis Bechoros-Fast of the first born:[1]
- The custom and date of the fast:
On every Erev Pesach, it is customary for the first-born to fast until nightfall in commemoration of the miracle of them being saved from the plague of death of the firstborns in Egypt.[2] [Practically, today the custom is for all those obligated to fast to participate in a Siyum Misechta and exempt themselves from the fats, as will be explained in C. Nonetheless, one who did not participate in the Siyum Misechta, is obligated to fast as stated above.]
*Being that today the custom is to participate in a Siyum rather than fast, the following Halacha should be viewed as who is obligated to participate in a Siyum in order to exempt their fast, and who is obligated to fast if they could not participate in a Siyum, or have yet to do so.]
Definition of firstborn:[3] Every firstborn has to fast even if he is a firstborn to only parent. Thus, whether he is a firstborn only from his father, or is a firstborn only from his mother he is to fast.[4] A firstborn of one of the parents must fast even if his father or mother is a Levi or Kohen.[5] If one’s mother and father had a miscarriage prior to having their firstborn, he is nevertheless required to fast, as he is still considered a firstborn of his father.[6] If, however, his father already had a child from a previous woman, then he is not considered a firstborn and is not obligated to fast.[7]
Female firstborn’s:[8] There is an opinion[9] who rules that firstborn females also have to fast, as they too were included in the plague. Practically, it is not customary in these countries for first born females to fast.[10]
Oldest of household: [11] The elders of a family do not fast even if their household does not have a firstborn who is fasting.[12]
A father fasting on behalf of a firstborn who is too young to fast:[13] The custom is that the father fasts on behalf of his son who is a firstborn, if his son is not yet old enough to fast on his own. This is done annually until the son becomes old enough to fast. This applies even if one’s son is only a firstborn from his mother.[14] If the father has two sons who are firstborns, one being his firstborn son, and the second being his wife’s firstborn son, and they are still children, then the fast of the father counts on both of their behalves.[15] If, however, the father is also a firstborn, and must thus fast on his own behalf, it is debated if his fast counts on behalf of his son, as explained next!
A mother fasting on behalf of a firstborn who is too young to fast:[16] If the father is also a firstborn, and must thus fast on his own behalf, then according to some opinions[17] his fast does not count on behalf of his young firstborn son, and rather the mother is to fast on behalf of her son who is a firstborn. Other Poskim[18], however, rule that the father’s fast counts for also his son even in such a case, and the mother is not required to fast. Practically, the mother is to fast unless doing so poses difficulty, such as it will cause her pain. Certainly she may be lenient not to fast if she is pregnant or nursing.[19] If the mother does not have a husband who is fasting on behalf of her firstborn son, then she is to fast unless she is 30 days after birth, or is pregnant or nursing and doing so will cause her pain. [Practically, it is not customary today for mothers to fast on behalf of their firstborn sons, and they do not even participate in a Siyum.[20] Nevertheless, some who are meticulous do so even today.[21]] Nevertheless, if a mother fasted one time [or joined a Siyum] on behalf of her firstborn son with intent to do this each year until her son becomes old enough to fast on his own, then she must perform Hataras Nedarim to discontinue this practice.
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Summary: All firstborns, whether from a father or mother, are to fast or participate in a Siyum. A father, who is not a firstborn, is to fast on behalf of a young son who is a firstborn. It is not customary for women to fast even on behalf of their firstborn son, and they likewise are not accustomed to participate in a Siyum, although some who are meticulous do so even today.
Q&A Must a first born Chasan within the 7 days of Sheva Brachos fast?[22] No. He is thus not required to participate in a Siyum.
Must a firstborn convert fast?[23] It is questionable whether a firstborn convert is required to fast, and thus initially he should try to participate in a Siyum in order to exempt him from the fast without doubt. If he could not do so, he may be lenient to eat food, although should not eat a meal of the five grains [Hamotzi/Mezonos].
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- The Mitzvah of Sippur Yetzias Mitzrayim:
- The Mitzvah:[24]
It is a Biblical positive command in the Torah to tell over the story of the exodus on the night of the 15th [and to thank and praise Hashem for all the miracles that He did to us there[25]].[26] It is for this reason that the section of Maggid was established in the Haggadah, to fulfill this Biblical positive command.[27] [This Biblical command applies even today, and even if one does not have Matzah or Maror to eat on the night of the 15th.[28]]
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The purpose of the Mitzvah: The purpose of the Mitzvah of telling over the story of the Exodus is for us to remember all the miracles that Hashem performed for us in Egypt, thank Him for it, and stimulate our hearts and minds in true service of G-d. Many commands have been given regarding the Exodus as it is a great foundation and pillar in our Torah and religion. The story of the Exodus serves as a vivid proof of the creation of the world, and the existence of a primordial being who controls the world and can change its laws of nature as he sees fit.
Q&A Why is a blessing not recited over the Mitzvah of Sippur Yetzias Mitzrayim?[29] · Some[30] explain that the Mitzvah was already fulfilled within the blessing said over Kiddush, which mentions the exodus, and hence a blessing can no longer be said. · Others[31] explain the Mitzvah was already fulfilled in the blessings of Shema, and hence a blessing can no longer be said. · Others[32] explain because the Mitzvah has no minimum measurement, and one fulfills his obligation even with a mere mention of the exodus. Others explain this is because any remembrance suffices to fulfill the obligation of the Mitzvah. · Others[33] explain that the entire Mitzvah is a blessing and praise, and we do not institute a blessing for a blessing. It is similar to Birchas Hamazon which does not receive a blessing.[34] · Others[35] explain that since the Mitzvah is not fulfilled in one go and has interruptions of eating and drinking in between, therefore a blessing is not recited. · Others[36] explain because the main Mitzvah is the understanding of what one is saying, and one does not recite a blessing over matters of thought. · Others[37] explain that the blessing of Asher Goaleinu said after the Haggadah is in truth a blessing said over the Mitzvah of Sippur Yetzias Mitzrayim. · Some[38] have in mind upon saying the blessing over Hallel in Shul to likewise include the Mitzvah of Sipur Yetzias Mitzrayim in this blessing.
What is the difference between the Mitzvah of remembering the exodus daily and that of Sippur Yetzias Mitzrayim?[39] It is a positive command in the Torah to remember Yetzias Mitzraim every day and night.[40] The question is thus asked as to what is the significance of the command of Sippur Yetzias Mitzrayim on the night of the 15th, if in any event one is commanded daily to remember it. Several reasons are recorded in explanation of the difference between the two commands: 1. Verbalizing versus thought:[41] On all the other nights one fulfills his obligation through remembering the exodus in one’s mind and heart.[42] On the night of the 15th one is required to verbalize the remembrance, as the verse states “Vehigadita Livincha.” 2. Short remembrance versus story:[43] On all the other nights one fulfills his obligation through remembering the exodus even for a mere moment. On the night of the 15th one is required to discuss the full story of the exodus.” 3. Telling others:[44] On all the other nights one fulfills his obligation through reminding himself of the exodus. On the night of the 15th one is required to tell it over to one’s son, or another person, as an answer to his question. 4. Counted as part of 613: The Mitzvah of telling the story of the exodus on the night 5. Must explain the reason of the Mitzvah:[45] On all the other nights one fulfills his obligation through reminding himself of the exodus. On the night of the 15th one is required to tell over the reasons behind the exodus.
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- The Mitzvah of Pidyon Haben:[46]
- The general command:
It is a positive Biblical commandment in the Torah for every Jewish father to redeem his son if he is a first born to the Jewish mother, on the 31st day after birth, by giving the value of five Selaim to a Kohen.[47] [Although this Mitzvah is also applicable to the individual in the event that he was not redeemed, as explained in Halacha 4, nonetheless, there is a special command on the father for him to redeem his son, in addition to the general Mitzvah for the child to be redeemed.[48]]
Temple times versus exile and Israel versus Diaspora:[49] This Biblical command is applicable at all times, even during exile, and throughout the entire world, even in the Diaspora, and is not limited to Temple times or to the land of Israel.
Transgressed:[50] If the father did not redeem him on the 31st day, then the father transgresses a positive command [each and every day thereon[51]].
If the father refuses to redeem his son, is he to be forced to do so:[52] Some Poskim[53] rule that if the father refuses to redeem his son then he is forced to do so by the Beis Din. Other Poskim[54], however, rule that the father is not to be forced to redeem his son, and in a case of refusal then the son is obligated to redeem himself when he becomes Bar Mitzvah.
- The reason & meaning of the Mitzvah:[55]
Everything belongs to Hashem: The purpose of the Mitzvah is to show that everything belongs to Hashem and that we may keep only whatever He decides to give us. Hashem desires for His creations to truly feel His ownership over all matters of creation through performing this command. This is directly felt in this Mitzvah, as after working so hard and waiting so long for ones wife to finally bear offspring, he immediately donates the offspring to Hashem as soon as he is born, thus expressing that everything belongs to G-d.
Remember the Exodus: Another reason behind the mitzvah is to remember the miracle that G-d did to us in Egypt, that he plagued all the firstborns with exception to the Jews, as stated explicitly in scripture in Parshas Bo.
[1] Admur 470:1
[2] Admur ibid; Michaber 470:1; Tur 470; Tosefos Pesachim 108a; Rosh 10:19; Miseches Sofrim 21:3; See Minchas Yitzchak 2:93-4
Other opinions: Some Poskim rule it is not necessary to actually fast, but one is to simply avoid eating a meal, such as Hamotzi or Mezonos. [Rav Yechiel, brought in Mordechai and M”B 470:2]
[3] Admur 470:1
[4] The reason: As in Egypt both types of firstborns were smitten in the plague, as they each have an aspect of the advantage of a firstborn. The firstborn of the father is considered the first-born regarding inheritance, while the first born of the mother is considered the firstborn regarding Pidyon Haben. [Admur ibid]
[5] The novelty here is that even if he is only a firstborn to his mother, and the mother or father is a Kohen or Levi in which he is exempt from Pidyon Haben, nonetheless, he is included as a first born regarding the fast. The reason for this is because he is still in truth a first born, and it is just that the Torah exempted him from needing a Pidyon. [See Admur ibid]
[6] Admur 470:2
The reason: As although he is not considered a firstborn regarding Pidyon Haben, as he is not Peter Rechem, nonetheless, he is considered a firstborn regarding Nachal, inheritance. [Admur ibid]
[7] Admur ibid
The reason: As in such a case he is not considered a firstborn regarding any issue, not inheritance, nor Pidyon Haben. [Admur ibid]
[8] Admur 470:3; Rama 470:1
[9] Opinion in Michaber 460:1; Aguda 10:91
[10] The reason: As the entire idea of firstborns fasting is merely a custom, and since the main warning and plague written of in the Torah was only regarding the male firstborns, therefore the females are not accustomed to fast. [Admur ibid; Levush 470]
[11] Admur 470:3;Tur 470; Ravaya 2:525
[12] The reason: Although they too were included in the plague since the main warning and plague written of in the Torah was only regarding the male firstborns, therefore elders of the household are not accustomed to fast. [Admur ibid]
[13] Admur 470:4; Rama 470:2
[14] Meaning, the father had a child with another woman prior to having this son, who is a firstborn to his mother. However, step-firstborn son would not require the step father to fast. [See Admur ibid]
[15] Admur 470:4; Chok Yaakov 470:6
[16] Admur 470:5; Rama 470:2
[17] 1st opinion in Admur 470:5; Rama 470:2
[18] 2nd opinion in Admur ibid; M”A 470:2; Mateh Moshe 561
[19] Admur ibid; M”A ibid
[20] Aruch Hashulchan 470:4 that so is custom; Heard from Rav Eli Landau, that we have never seen mothers fast or join the Siyum; So is the custom of the world, seemingly due to the fact that today all women are considered under pain to fast on Erev Pesach and are hence exempt
[21] See Piskeiy Teshuvos 470 footnote 21 who writes that the mother may be lenient to participate in a Siyum. See also Nitei Gavriel 42:5 who writes the custom is not to fast [see Poskim there in footnote 8] and rather they rely on the fact that the father, mother and firstborn son join the Siyum. In footnote 10 he writes that the Bier Moshe testified that in their home, his father would make a Siyum each year, and many women came to hear the Siyum and then eat.
[22] Beis Yehuda 2:23
[23] Shevet Haleivi 8:117; Piskeiy Teshuvos 470:2
[24] Admur 473:42 “The saying of the Haggadah is a positive command in the Torah”; Admur in Minyan Hamitzvos 8; Sefer Hachinuch Mitzvah 21; Rambam Chametz Umatzah 7:1; Mishneh Pesachim 116a
Other opinions: Some Poskim rule that in today’s times the fulfillment of the Mitzvah of Sippur Yetzias Mitzrayim is Rabbinical. [See Admur 296 Kuntrus Achron 3; See Rebbe in Haggadah “Yachol Mirosh Chodesh” that some understand that according to some Rishonim the Biblcial Mitzvah applies only if one actually has Matzah in front of him, otherwise one is Biblically exempt. The Rebhbe however questions this understanding]
[25] Chinuch 21
[26] The source: The verse states Vihigadeta Livincha Bayom Hahu, from which we learn that one must tell over the story of the Exodus. [Admur ibid; Chinuch ibid] Alternatively, as the verse states “Zechor Es Hayom Hazeh Asher Yatzasam Mimitzrayim.” [Rambam ibid as the main source for the obligation] See Minchas Chinuch 21:1 for the significance of these two verses and that while the verse of Vehigadeta Livincha serves to teach us that one must teach one’s child the story of the exodus, the verse of Zechor teaches us that if one does not have a child then he must say the story to himself .
[27] See Admur 473:42
[28] See Terumas Hadeshen 137; Pesachim 120a; 116b; Rebbe in Haggadah p. 19 “Yachol Mirosh Chodesh” that some understand that according to some Rishonim the Biblical Mitzvah applies only if one actually has Matzah in front of him, otherwise one is Biblically exempt. The Rebhbe however questions this understanding
[29] See Hagdah of Rebbe “Mitzvah Aleinu”; Kaf Hachaim 473:130; Piskeiy Teshuvos 473:7; See Chikrei Minhagim 3:76
[30] 1st reason of Rebbe ibid; Abudarham in Seder Haggadah in name of Rif; Peri Chadash 473; Kaf Hachaim ibid
[31] 2nd reason of Rebbe ibid
[32] 3rd reason of Rebbe ibid; 2nd reason in Orchos Chaim p. 71; Mateh Moshe 633
[33] Chavos Daas in his Haggadah; 4th reason of Rebbe ibid; See 1st reason in Orchos Chaim p. 71 and Mateh Moshe 633; Kaf Hachaim ibid
[34] Alter Rebbe, in Sichas Chag Hapesech 5697, brought in Haggadah of Rebbe
[35] 5th reason of Rebbe ibid
[36] Maharal in Gevuros Hashem 62; Derech Pikudecha Mitzvah 21
[37] Shibulei Haleket 218; Chasam Sofer Hagdah 2:168; See Admur 296 Kuntrus Achron 3 “A blind person says the blessing of the Haggadah..”
[38] Imrei Emes, brought in Likkutei Yehuda Hagdah
[39] See Minchas Chinuch Mitzvah 21; Rebbe in Haggadah Shel Pesach “Mitzvah Aleinu Lisaper” [printed in Shulchan Menachem 2:326]; Piskeiy Teshuvos 473:7; Nitei Gavriel 84
[40] Admur 67:1; 70:1 and 4; Rambam Shema 1:3; Mishneh Brachos 12b; Peri Eitz Chaim Kerias Shema 3; Shaar Hakavanos p. 119
[41] P”M Pesicha Koleles Kerias Shema 4; See Minchas Chinuch 21:1; Rambam Sefer Hamitzvos 157 that one must “say” the story; Shut Besamim Rosh 173; Chasam Sofer 15; Chayeh Adam 130:11
[42] See Shaagas Aryeh 13; Megillah 18a
[43] See Shevach Pesach; Siddur Maharid; Malbim Bo 13:8; Rav Chaim Brisk, brought in Emek Bracha; Maharam Shick Mitzvah 21; However, it is not implied this way in the Rif, Rashba as brought in Minchas Chinuch 21
[44] Minchas Chinuch ibid; Implication of Chinuch; Rav Chaim Brisk, brought in Emek Bracha; See Shut Harosh 24:2; However, it is not implied this way in the Rif, Rashba, Rambam and Admur 473:40
[45] Rav Chaim Brisk, brought in Emek Bracha
[46] 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
[47] The scriptural source for this command: There exists four areas in scripture in which the Mitzvah of Pidyon Haben is recorded. There are discrepancies amongst sources, as to which verse serves as the true source of the command. Bo 13:13 [Source of Yerushalmi Kiddushin 1:7]; Ki Sisa 34:19 [Source of Rambam Bikkurim 11:1]; Ki Sisa 34:20 [Source of Kiddushin 29a]; Korach 18:15 [Source of Rambam Bikkurim 11:1]; See Likkutei Sichos 11 Parshas Bo p. 42 and Pidyon Haben Kehilchaso Miluim 1 for the full discussion on this subject
[48] 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 on the father or on the son? See sources above for a debate, and the supporting sources for each side, 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. [Implication of Chinuch Mitzvah 392] 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. [Rivash 131]
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
[49] Tur 305:1; Beis Yosef 305; Rambam Bikurim 11:6; Chinuch Mitzvah 393; See Pidyon Haben Kehilchaso 1:1 footnote 3
[50] Siddur Admur; Rashi Bechoros 14a; Tanya Rabasi 98; Pidyon Haben Kehilchaso 1:4
[51] Tanya Rabasi 98; Levush O.C. 551:17; Shaar Hakolel 15:2 that so is implication of Admur ibid in Siddur; Imrei Yosher 2:132; See Hearah of Rebbe there; Igros Kodesh 25:221; Likkutei Sichos 11:204; Yagdil Torah Gilyon 17:271; 7:37; Yagdil Torah Yerushalayim 11:81; 12:102; Pidyon Haben Kehilchaso Miluim 7
Other opinions: Some Poskim rule that the father does not daily transgress the Mitzvah of redeeming the child, and rather he transgresses it one time until he redeems the child at which point he no longer transgresses it. [See Rashash Menachos 66a; Pidyon Haben Kehilchaso Miluim 7]
[52] See Pischeiy Teshuvah 305:1; Pidyon Haben Kehilchaso 1:7
[53] Chacham Tzevi 105; Tuv Taam Vadaas 2 Y.D. 133; Rashba 1:321; From Michaber 305:16 it is implied that we do force him to redeem his son, and that the Kohen can even collect from his land the worth of five selaim.
[54] Chut Hashani 92
[55] Chinuch Mitzvah 18; Pidyon Haben Kehilchaso Chapter 10; See there “Derushei Chassidus Beinyanei Pidyon Haben”
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