The Problem With REGULARLY Buying Back the Chametz From the Goy

Redeemed!

Rabbi Meir Orlian
Thu May 21 2020

“It’s a boy!” announced the doctor as he delivered the Jacobs’s first child.

Baruch Hashem!” exclaimed Mr. Jacobs. “We get to do a bris and a pidyon haben!”

A week after the bris, Mr. Jacobs began arranging the pidyon haben. He bought five Silver Eagle U.S. dollars for the occasion, and arranged with his close neighbor, Mr. Cohen, to serve as the recipient Kohen.

During the course of the festive meal, Mr. Jacobs introduced Mr. Cohen to his brother-in-law and sister, who was holding a newborn.

“They also just had their first boy,” Mr. Jacobs said. “B’ezras Hashem, they will also be doing a pidyon in another two weeks!”

“How nice! Mazel tov!” exclaimed Mr. Cohen. “Do you live in the neighborhood?” he asked.

“Not at all,” laughed the brother-in-law. “We drove three hours to join in the simchah!”

“Indeed, a pidyon haben is a special simchah not frequently encountered,” commented Mr. Cohen. “It seems to run in your family, though.”

Mr. Cohen was also pleased to meet Rabbi Dayan, who attended the pidyon. They sat together at the head table, along with Mr. Jacobs and the grandparents. *

When the pidyon celebration was finishing, Mr. Cohen approached Mr. Jacobs. “I’d like to return the coins to you,” he said. “You can give them to your brother-in-law to use for his pidyon.”

“Thank you for the offer,” said Mr. Jacobs, “but how can you do that? If you return the money, my son won’t be redeemed anymore!”

Rabbi Dayan overheard the discussion. “What’s the issue?” he asked.

“I offered to return the coins to Mr. Jacobs,” Mr. Cohen said, “but he’s concerned that it would invalidate the redemption.”

“That’s not a problem,” replied Rabbi Dayan, “although it’s questionable whether it’s proper to return them on a regular basis.”

“I don’t understand” Mr. Jacobs wondered. “How is my son redeemed if Mr. Cohen returns the coins?”

“The Mishnah (Bechoros 51a) teaches that the Kohen is allowed to return the coins as a gift to the father,” answered Rabbi Dayan. “Once the Kohen receives them, they are his and the son is redeemed. The pidyon payment is not annulled when it is returned as a gift (C.M. 189:1; 245:10; Y.D. 305:8).

However, the Gemara relates an incident about Rabi Chanina, who would often return the money when the father lingered around, indicating his clear expectation to receive the money back. Rabi Chanina commented that this father did not give with full intention, so that the son would not be redeemed, because from the beginning the pidyon payment was never given sincerely, even for the moment (Taz and Shach, Y.D. 305:6).

Nonetheless, the Gemara (Kiddushin 6b) teaches that something given on condition to return (matanah al menas l’hachzir), is considered as having been given. For the duration of the giving, the intention is to grant full ownership. Thus, if the father explicitly stipulated with the Kohen that he is giving the coins on condition that he return them, the pidyon haben is valid. This is similar to the common practice of giving the lulav and esrog on the first day of Yom Tov as a matanah al menas l’hachzir (C.M. 241:6; Rashba, Responsa 1:198)

Shulchan Aruch writes, though, that the Kohen should not consistently return the money nor accept it with a stipulation to return it, so as not to cause a loss to other Kohanim. This can also lead to a situation that the father does not give with full intention or thinks that he only has to hand the money to the Kohen as a formality (Gra, Y.D. 305:13-14; Aruch Hashulchan 305:27).

“Some Acharonim recommend, nonetheless, that nowadays the Kohen should return the money,” concluded Rabbi Dayan, “since the priestly lineage has become weak, he could be withholding money not rightfully his. However, others refute this opinion” (Pischei Teshuvah, Y.D. 305:12).

Verdict: After the Kohen receives the coins as a sincere pidyon, he can return them as a gift to the father.

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*Editor’s note: This was BCE: Before the Corona Epidemic