Which child is obligated in Pidyon Haben-Part 2-Son of Kohen, Levi, Gentile

Which child is obligated in Pidyon Haben-Part 2:

A. The son of a Levi-Leviyah/Kohen-Kohenes:[1]

Kohanim and Levites are exempt from Pidyon Haben.[2] Even a Kohenes or Leviyah who is married to a Yisrael, her son is not obligated in Pidyon Haben.[3] [This applies even today when we no longer have Kohanim and Leviyim Meyuchasim and they hold their status merely due to Chazaka.[4] Thus, the obligation to redeem a first-born son only applies if both the father and mother are Israelites-Yisraeilim. If even one of the parents is a Kohen or Levi, whether the father or the mother, then the child does not need to be redeemed.]

A Kohenes who in the past had relations with a gentile [or other Pasul]:[5] If a Kohenes had relations with a gentile [or any other Pasul[6], anytime in her past], then her firstborn son is obligated in Pidyon Haben.[7] This applies even if she did not become pregnant from the gentile, and later married a Jew[8] and had a firstborn son with him, then he is obligated to redeem his son. [This is particularly applicable in cases where a Kohenes Baal Teshuvah gives birth to a first born son, in which case her firstborn son from a Jew is obligated in Pidyon Haben if in the past she had relations with a gentile.]

A Leviyah who in the past had relations with a gentile [or other Pasul]:[9] If a Leviyah had relations with a gentile [anytime in her past], nevertheless her firstborn son is exempt from Pidyon Haben due to her Levite status.

Kohen father is Chalal:[10] A Kohen who is a Challal [born from forbidden marriage of Kohen] is obligated to redeem his son who is a firstborn to the mother, and to give the money to a Kohen.

Child is a Chalal:[11] If the father is a Kohen although his child is a Chalal [i.e. a Kohen married a woman who is forbidden to Kehuna, such as a divorcee[12], and she birthed him a firstborn son] then the child needs to be redeemed. Nevertheless, the Kohen father can keep the money for himself after he separates it for the Pidyon.

 

Q&A

If the father and mother are a Yisrael, but one of their mothers is a Kohenes or Leviyah, is the child obligated in Pidyon Haben?[13]

Yes.

 

What is the law if one [father or mother] does not know if he is a Kohen or Levi or Yisrael?[14]

Some Poskim[15] rule that the firstborn son is exempt from Pidyon Haben.[16] Other Poskim[17] rule that he is obligated in Pidyon Haben.[18] Practically, he is to be redeemed without a blessing.[19]

 

B. Son of gentile father:[20]

Mother is Yisraeilis-Obligated:[21] If a Yisraeilis was impregnated by a gentile, then her firstborn son is obligated in Pidyon Haben [and hence there is no difference as to whether her firstborn son was born from a Jewish or gentile father in this regard, and either way her son is obligated in Pidyon Haben]. In such a case, the Pidyon Haben is to take place when he becomes Bar Mitzvah.[22] This applies even if she is now married to a Jewish husband, nonetheless, he is exempt from redeeming her son, and the obligation falls on the son himself when he becomes Bar Mitzvah.[23]]

Mother is Leviyah-Exempt:[24] If a Leviyah was impregnated by a gentile, then her son is exempt from being redeemed [due to her Levite status, and hence there is no difference as to whether her son was born from a Jewish or gentile father in this regard, and either way her son is exempt from Pidyon Haben].[25]

Mother is Kohenes-Obligated:[26]  If a Kohenes was impregnated by a gentile, then her firstborn son is obligated in Pidyon Haben [and hence by a Kohenes there is a difference as to whether her firstborn son was born from a Jewish or gentile father in this regard].[27] [In such a case, the Pidyon Haben is to take place when he becomes Bar Mitzvah.[28] This applies even if she is now married to a Jewish husband, nonetheless, he is exempt from redeeming her son, and the obligation falls on the son himself when he becomes Bar Mitzvah.[29]]

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[1] Michaber Y.D. 305:18; Tur 305:18; Pidyon Haben Kehilchaso 3:11-14; Shevach Habris 1:3

[2] Michaber ibid; Mishneh Bechoros 3a

The reason that even a Levi exempts: As in the desert the Levites exempted the Bechoros, and hence today as well the Levites exempt their Bechor sons. [Bechoros 4a]

[3] Michaber ibid; Rambam Bikurim 11:10; Rav Ada Bar Ahavah in Bechoros 47a; Chulin 132a; Tosafos Bechoros ibid; Rosh Bechoros 8:2

The reason: As this matter is not dependent on the father, but rather on the mother, as the verse [Shemos 13:2] states “Peter Kol Rechem Bivinei Yisrael.” [Michaber ibid]

[4] Setimas Kol Haposkim; Chasam Sofer Y.D. 291; Aruch Hashulchan 305:55; Shoshanim Ledavid O.C. 22; Likkutei Pinchas 27; Minchas Yitzchak 2:30; Pidyon Haben Kehilchaso 3:13; See Michaber O.C. 457:2

Other opinions: Some Poskim rule that today, all Kohanim and Leviyim should redeem their firstborns without a blessing. [Divrei Chamudos on Rosh Bechoros 1:9; Sheilas Yaavetz 1:155; Pishceiy Teshuvah 305:12; ]

[5] Shach 305:22; Shevach Habris 1:4

[6] Pidyon Haben Kehilchaso 3:17; Such as incest [i.e. brother, father, etc] or adultery [See Shach 305:23 and Pidyon Haben Kehilchaso 3 footnote 40] or had relations with a Mamzer

[7] The reason: As she has become a Chalal due to this relations with the gentile. [Shach ibid] Vetzaruch Iyun if this occurred between the pregnancy and birth.

[8] If the father is a Kohen, then the son is Chalal, and follows the law explained below regarding if the child is a Challal. If, however, the father is a Levi, then seemingly the son is exempt from redemption. Vetzaruch Iyun.

[9] See Michaber Y.D. 305:18

[10] See Michaber E.H. 7:12 that a Chalal has the status of a Zar

[11] Michaber Y.D. 305:19; Levush 305:19; Maharit Algazi Hilchos Bechoros on Ramban 67 in name of Rosh; Aruch Hashulchan 305:60; Pidyon Haben Kehilchaso 3:14; Shevach Habris 1:5

[12] See Michaber E.H. 6 and 7:12

[13] Sefer Hamakneh Kiddushin 29a; Shemen Rokeiach Bechoros 47a; Shaareiy Shamayim Y.D. 45; Pidyon Haben Kehilchaso 3 footnote 25

[14] See Otzer Pidyon Haben 5:18; Pidyon Haben Kehilchaso 3:24; Shevach Habris 1:6

[15] Tzemach Tzedek Kadmon 125; Beir Heiyitiv of Maharit 305; Pischeiy Teshuvah 305:32;

[16] The reason: As Hamotzi Michaveiro Alav Harayah, and by monetary matters we do not follow the majority status. [Poskim ibid]

[17] Yeshuos Yaakov Y.D. 305; Kuntrus Hasfeikos 6:5; Kol Aryeh 82; Bnei Tziyon Kama 103-104; Likkutei Pinchas 114

[18] The reason: As by Matanos Kehuna and Aniyim we follow majority status, and majority of people are Yisraeilim. [Poskim ibid]

[19] Halef Lecha Shlomo Y.D. 286; Levushei Mordechai Kama Y.D. 204 in name of Shaareiy Deiah

[20] See Michaber Y.D. 305:18; Shevach Habris 1:4

[21] See Michaber Y.D. 305:18 regarding a Kohenes, and there is no difference in this regarding between a Chalalah or Yisraeilis

[22] Shach 305:22 “When he becomes older”

The reason: As the mother is not obligated to redeem her son, as explained above in Michaber 305:2. [Shach ibid]

[23] Shach ibid

[24] Michaber Y.D. 305:18; Rambam Bikurim 11:11; Bechoros 47a

[25] The reason: As a Leviyah does not become desecrated from her Leviyah status by her having relations with the non-Jew.

[26] Michaber Y.D. 305:18; Rambam Bikurim 11:11; Bechoros 47a

[27] The reason: As the Kohenes has been desecrated from her Kehuna status by her having relations with the non-Jew. [Michaber ibid]

[28] Shach 305:22 “When he becomes older”

The reason: As the mother is not obligated to redeem her son, as explained above in Michaber 305:2. [Shach ibid]

[29] Shach ibid

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