DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 3.12 MB)
Pidyon Ha’ben – May the Money be Given to a Kohenet?

The Gemara in Masechet Kiddushin tells that Rav Kahana would accept gifts in lieu of the Pidyon Ha’ben payment. The clear assumption underlying this account is that Rav Kahana was a Kohen. Tosafot, however, note that we know from other sources that Rav Kahana was not, in fact, a Kohen, thus giving rise to the question of why he was accepting payments for Pidyon Ha’ben. The first answer suggested by Tosafot is that there were two Rabbis named Rav Kahana, one of whom was a Kohen and one of whom wasn’t. Tosafot’s second answer is that Rav Kahana was not a Kohen, but he was married to a Kohenet (the daughter of a Kohen), and he was accepting these gifts on his wife’s behalf for the Misva of Pidyon Ha’ben.

It clearly emerges from Tosafot that in their view, the Pidyon Ha’ben payment may be given even to a Kohenet, and does not have to be given specifically to a male Kohen.

The Shulhan Aruch (Yoreh De’a 305:2), however, based on the implication of the Rambam’s ruling in Hilchot Bikkurim (1), writes that the money may not be given a Kohenet, and must be given specifically to a male Kohen. This is the accepted Halacha. The Hatam Sofer (Rav Moshe Sofer of Pressburg, 1762-1839), in one of his responsa (Yoreh De’a 301), writes that if no male Kohen is available, one may perform the Pidyon by giving the money to a Kohenet, and in such a case the transaction should be made on the condition that a male Kohen is not found. Needless to say, this is not very common in the vast majority of Jewish communities in the world today.

A minority view among the Poskim (the Yabetz) maintained that nowadays, since we cannot be certain that one who is assumed to be a Kohen is truly a Kohen, a Kohen should always return the Pidyon Ha’ben payment after receiving it. Given the possibility that he is not actually a Kohen, and thus does not have rights to this money, he should return it to the father. Others, however, disagree. The Aruch Ha’shulhan (Rav Yechiel Michel Epstein of Nevarduk, 1829-1908) vehemently disputes this position, and writes that we rely on the Hazaka (presumption) that those with a family tradition of descending from Kohanim are, indeed, Kohanim, and it is improper to call this Hazaka into question. Therefore, a Kohen does not have to return the money.

Summary: A father must give the Pidyon Ha’ben money to a Kohen, and not a Kohenet (daughter of a Kohen). The money is given to someone who is presumed to be a Kohen despite the fact that we cannot definitively ascertain whether all those who are presumed to be Kohanim are, in fact, Kohanim.

 


Recent Daily Halachot...
The Pesah Seder – U’rhatz
Within How Much Time Must One Eat the Masa at the Seder?
Passover- Eating Masa, Marror or Eggs on Ereb Pesah
Passover – Laws of Kadesh
Checking One’s Books for Hametz Before Pesah
Ereb Pesah – The Custom to Bake Masot; Reciting Minha Early
Eating Roasted Zeroa, Meat or Chicken at the Seder
Pesah – Bittul Hames, Preparing the Hames for Burning
Pesah – Does One Recite "She'he'heyanu" Before Searching for Hames?
Pesach - Shulchan Orech, Tzafun, Barech, Hallel and Nirtza
Passover- Eating the Charoset at the Seder
Passover- The Laws of Maror, Korech and Shulchan Orech at the Seder
Passover- Laws of "Heseiba" – Leaning at the Seder
Passover- The Procedure for Rochtza and Motzi-Matza at the Seder
The Proper Procedure for Yachatz and the Recitation of "Ha Lachma Anya" at the Seder
Page of 239
3585 Halachot found