DailyHalacha.com for Mobile Devices Now Available

Select Halacha by date:

Or by subject:

Or by keyword:
Search titles and keywords only
Search All    

Weekly Perasha Insights
Shabbat Morning Derasha on the Parasha
Register To Receive The Daily Halacha By Email / Unsubscribe
Daily Parasha Insights via Live Teleconference
Syrian Sephardic Wedding Guide
Download Special Tefilot
A Glossary Of Terms Frequently Referred To In The Daily Halachot
About The Sources Frequently Quoted In The Halachot
About Rabbi Eli Mansour
Purchase Passover Haggadah with In Depth Insights by Rabbi Eli Mansour and Rabbi David Sutton
About DailyHalacha.Com
Contact us
Useful Links
Refund/Privacy Policy
Back to Home Page

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

      
(File size: 4.47 MB)
Pidyon Ha’ben – If the Kohen Foregoes on the Money

The coins given by a father to a Kohen for the Misva of Pidyon Ha’ben must belong to the father. It goes without saying that a father cannot fulfill this Misva with money that was obtained unlawfully.

The father must actually give the coins to the Kohen. If the Kohen tells the father that he is “Mohel” – meaning, he foregoes on the money – then the Misva is not fulfilled. The father must give the Kohen the money. The Kohen may return the money to the father if he so wishes – and the Gemara relates that this was the practice of two great sages who were Kohanim – but the Misva is not fulfilled unless the Kohen actually receives the coins from the father.

As the Pidyon Ha’ben requirement constitutes a financial obligation, we apply to this requirement the famous rule of “Ha’mosi Me’habero Alav Ha’re’aya” – that the burden of proof falls upon the one seeking to extract money. This means that in a case where there is some uncertainty as to whether the obligation of Pidyon Ha’ben applies, the father is not required to pay money to a Kohen. Unless the Kohen can prove that the father owes the money, the father is not required to pay. One case would be if it is unknown whether the father himself is a Kohen, or if the mother is a Kohenet. If either parent is a Kohen or Kohenet, the obligation does not apply. Therefore, in a situation where it is unknown whether the father is a Kohen or the mother is a Kohenet, the father does not have to pay Pidyon Ha’ben until it can be proven that he is not a Kohen and the mother is not a Kohenet.

Summary: The money paid to a Kohen for Pidyon Ha’ben must legally belong to the father, and must actually be given to the Kohen; the Misva is not fulfilled if the Kohen says he foregoes on the payment. In a situation where there is some uncertainty as to whether the Pidyon Ha’ben obligation applies, the father is exempt until it can be ascertained that the Misva applies in that case.

 


Recent Daily Halachot...
How Soon After Kiddush Must One Begin the Meal?
Berit Mila on Shabbat – Bringing the Baby to the Synagogue
Opening a Front Door with a Key on Shabbat
Using Baby Wipes or Moistened Toilet Paper on Shabbat
Taking Fertility or Birth Control Pills on Shabbat
May a Doctor Receive Payment for Medical Services Provided on Shabbat?
Violating Shabbat for a Woman and Newborn After Childbirth, and for Fetal Distress During Pregnancy
Violating Shabbat to Care for a Woman After Childbirth
Violating Shabbat For the Sake of a Woman in Labor
Resuscitating an Unconscious Patient on Shabbat
Using Suppositories or an Enema on Shabbat
Taking A Blood Test on Shabbat
Exercising on Shabbat
Prescription Medication and Antibiotics on Shabbat
Shabbat – Using Mouthwash, Eating Food for Medicinal Purposes
Page of 219
3283 Halachot found