JRJ, Winter 1989, 87-88

A PIDYON HABEN

 

Question: What is the status of Pidyon haBen (redemption of the first born) within Reform Judaism? May it take place after the mother has had a miscarriage?

Answer: Reform Jews have only seldom practiced this ritual. As we do not recognize any special status for priests and levites (Philadelphia Conference Proceedings, CCAR Yearbook, vol. I, 1890, p. 178; W. Jacob, Pittsburgh Platform in Retrospect, p. 108), it is, therefore, not logical to demand the redemption of the first born. If it is done m Reform circles, it is a symbol of a tradition and a tie to the past. Those who want to conduct the ritual should note the following matters.

The biblical tradition informs us that the first-born sons were devoted to the service at the Temple and earlier at the Tent of Meeting. However, this special sanctity that they possess could not be redeemed (Lev. 27:1-8; Num. 18:14-16; Ex. 13:15, 34:19;eut. 15:19). It, of course, became necessary to follow such a system as soon as priests and levites were designated for service at the sanctuary.

Naturally, Priests and levites do not need to redeem their first born (Bech. 2.1). As for the rest of the Israelites, it is incumbent among traditional Jews to redeem all first-born males. The child however, is not considered first born if the mother had a miscarriage and if that fetus was more than 40 days old (Shulchan Aruch, Yoreh De’a 305.23). Furthermore, if there is any question whether the child really is the first born or not, then no redemption is necessary (ibid., 305.22ff). We should also note that the duty of redemption falls upon the father, and, if for some reason he fails to do so, it is up to the son to redeem himself at maturity (Kid. 29a; Shulchan Aruch, Yoreh De’a 305.15). In time it became customary for some other male relative, or perhaps a beit din, to act in lieu of the father and to redeem the child.

Five shekels is the sum set by the Bible (Num. 18:16) for the redemption, and, according to tradition, it had to be presented in coinage (Shulchan Aruch, Yoreh De’a 305.14). In some periods of Jewish history, special coins were minted for this purpose. In most periods, the money was either returned to the child’s father or distributed to the poor (Bech. 51b; Shulchan Aruch, Yoreh De’a 305.8). The act of redemption may also be used to give money to a poor individual of priestly descent.

The ceremony itself is held on the 31st day after birth, for by that time, tradition found, the child is viable. It may occur even if, for health reasons, circumcision has not yet taken place (Shulchan Aruch, Yoreh De’a 305.11). The ceremony involves a simple Aramaic or Hebrew formula in which the father presents his son to the priest, the priest asks whether he wishes to redeem it and the father replies, and the coins change hands. It concludes with a blessing over a cup of wine, as well as the priestly benediction ( Shulchan Aruch, Yoreh De’a 305.10). In some periods, special beautiful trays of silver have been fabricated for use during this ceremony.

Whether a son is actually the first born depends on the testimony of either the midwife, the mother, or the father. This question, of course, arises principally during multiple births (M. Kid. 4.2, 65d; Yev. 47a; Kid. 74a; Shulchan Aruch, Even Ha’ezer). As stated at the beginning, the ceremony is not necessary but optional.

 

Walter Jacob, Chair CCAR Responsa Committee