DailyHalacha.com for Mobile Devices Now Available

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

      
(File size: 3.76 MB)
Pidyon Ha’ben – When is a Pidyon Required For a Firstborn Son?

A Pidyon Ha’ben is required in the case of the birth of a boy who is both a "Bechor" (firstborn) and a "Peter Rehem" (first child to exit the mother’s womb through the birth canal).

Accordingly, if a woman’s first child was born via a Caesarean section, he does not require a Pidyon Ha’ben, since although he is a "Bechor," he is not a "Peter Rehem." If the woman then conceives and delivers a second boy naturally, that child also does not require a Pidyon Ha’ben, because although he is the "Peter Rehem" – the first to pass through the birth canal – he is not a "Bechor." This is the ruling of the Shulhan Aruch (Yoreh De’a 305).

If a non-Jewish woman converted to Judaism after having delivered a child or several children, and she then marries a Jewish man and delivers a firstborn son, that boy does not require a Pidyon Ha’ben. Although he is the mother’s first child after her becoming a Jewess, nevertheless, he is not her biological "Peter Rehem," and so the Pidyon Ha’ben obligation does not apply.

If, however, she did not have any children before converting to Judaism, but she was pregnant at the time of her conversion, and that baby is a boy, he requires a Pidyon Ha’ben, even though the conception occurred before the mother’s conversion.

If a woman conceived and then miscarried, Heaven forbid, within forty days of conception, and she then conceives again and delivers a baby boy, that boy requires a Pidyon Ha’ben. Since the first pregnancy did not last for forty days, that fetus is not considered to have been viable, and therefore the next child is considered a "Peter Rehem." If, however, the miscarriage occurred after forty days since the conception, then the status of the next child depends on how developed the first fetus was at the time of the miscarriage. The Rama (Rav Moshe Isserles of Cracow, 1530-1572) writes that if the bones were already formed before the miscarriage, then the fetus was considered viable, and is thus deemed the firstborn, such that the next child does not require a Pidyon Ha’ben. If, however, the first fetus’ bones had not yet been fully formed, then even if the miscarriage occurred eight weeks or more after conception, the next child would be considered a firstborn and would require a Pidyon Ha’ben. This is the ruling accepted by Hacham Ovadia Yosef.

Given the difficulty in ascertaining when precisely a fetus reaches this stage, a competent Halachic authority must be consulted in any case where a woman miscarries, Heaven forbid, early in her first pregnancy, in order to determine the status of the next child.

Summary: If a woman’s first child is born via a Caesarean section, he does not require a Pidyon Ha’ben, and the second child likewise does not require a Pidyon Ha’ben, even if he is born naturally. If a woman converts to Judaism after having giving birth to a child or several children, her first child as a Jewess does not require a Pidyon Ha’ben. If she converted during her first pregnancy, and then delivered a boy, he requires a Pidyon Ha’ben. If a woman miscarried, Heaven forbid, in the early stages of her first pregnancy, a competent Halachic authority must be consulted to determine whether her next child requires a Pidyon Ha’ben, as this depends on the stage of development reached by the first fetus before the miscarriage.

 


Recent Daily Halachot...
Making a Zimun When a Third Person Joins After the First Two Finished Eating
Can People Form a Zimun if One Person’s Food is Forbidden for the Others?
When is Birkat Ha’mazon a Torah Obligation?
Can People Sitting at Separate Tables Join Together for a Zimun?
Birkat HaMazon If One Ate a Ke’zayit of Bread Slowly, Over the Course of an Extended Period
Kavana During Birkat Ha’mazon
Must the One Who Leads Birkat Ha’mazon Hold the Cup Throughout the Sheba Berachot?
“She’hakol” and “Boreh Nefashot” if One is Drinking Intermittently in One Location
Using for Kiddush or Birkat Ha’mazon a Cup of Wine From Which One Had Drunk
If the Group or Part of the Group Recited Birkat Ha’mazon Without a Zimun
If Three People Ate Together and One Needs to Leave Early
Should Abridged Texts of Birkat Ha’mazon be Printed in Siddurim?
Making a Zimun When a Third Person Joined After the First Two Finished Eating
The Importance of Using a Cup of Wine for Birkat Ha’mazon; Adding Three Drops of Water to the Cup
If One Ate Half a “Ke’zayit” of Fruit Requiring “Al Ha’etz,” and Half a “Ke’zayit” of Other Fruit
Page of 239
3585 Halachot found