Question:Regarding pidyon haben, if a lady has a miscarriage before 40 days and then has a baby boy, does the baby require a pidyon haben? And if so, with a brocho? Introduction: The Shulchan Aruch (Yoreh De’ah Siman 305 Se’if 23) writes that if a lady experiences a miscarriage on the 40th day [from conception] the child born from the subsequent pregnancy is a bechor regarding pidyon haben. From context it appears that the father recites a brocho on the pidyon as well. Regarding a miscarriage that occurs after 40 days, the Remo (ibid) writes that the pidyon haben status of the child born from the subsequent pregnancy depends on whether the aborted fetus had “rikkum eivorim” (i.e. it’s body had human form). This statement of the Remo is subject to much discussion among the Poskim (c.f. Pischei Teshuva ibid) and the widespread minhag is to perform a pidyon haben in such a situation without reciting brochos. Discussion: It appears from Rashi (Niddoh 30a) that the 40 days of gestation are calculated from the previous tevila, and that one does not need to be concerned that the lady was pregnant prior to the last tevila. The logic behind this is that a pregnant lady is not expected to menstruate; therefore, the last opportunity that she could have become pregnant is after the most recent tevila, and the 40 days are calculated from this. Many other Poskim (Kreisi u’Pleisi, Noda Biyehuda, Sidrei Tahara, Chavos Da’as and Chasam Sofer all quoted in the Pischei Teshuva ibid) write that since it is clear in the Gemoro and Shulchan Aruch (Siman 189 Se’if 34) that a lady is not considered mesulekes until she reaches the stage of “hukar uboroh” (three months of pregnancy), it is clear that a pregnant lady (in the first few months of pregnancy) is expected to menstruate. Consequently, she may have menstruated after becoming pregnant and we certainly cannot assume that the last opportunity that she could have become pregnant is after the most recent tevila. Rav Wosner (Shi’urei Shevet Halevi Siman 194) writes that regarding pidyon haben one can calculate the 40 days from the last tevila and one does not need to be choshesh that she was already pregnant prior to the last tevila and can even recite brochos on the pidyon haben. Certainly, if the most recent tevila followed a regular period, or if before her last menstruation she verified that she was not pregnant, she can calculate the 40 days from the most recent tevila. Conclusion: The Shulchan Aruch clearly rules that f a lady experiences a miscarriage on the 40th day [from conception] the child born from the subsequent pregnancy is a bechor regarding pidyon haben. From context it appears that the father recites a brocho on the pidyon as well. In this context one can calculate the 40 days from the last tevila and one does not need to be choshesh that she was already pregnant prior to the last tevila and can even recite brochos on the pidyon haben. Certainly, if the most recent tevila followed a regular period, or if before her last menstruation she verified that she was not pregnant, she can calculate the 40 days from the most recent tevila. |
Pidyon Haben
Leave a Reply