Redeeming with a Check

The Gemora cites a braisa: Rebbe says that a person can use anything to redeem his firstborn son from the Kohen, aside from documents. The Rabbis say: A person can use anything besides for slaves, documents, and land.

The Chasam Sofer in a teshuva (Y”D 134) discusses if redemption would be valid when the father pays the Kohen by check. Is a check regarded as money because it is accepted as cash all over or do we say that it is regarded as a document since there is no inherent value in the paper itself?

He concludes that a check can be regarded as money for some things, but as a document for others. If it is regarding a matter which is between people, then a check would be considered money, since it is commonly accepted. However, regarding redemption of a firstborn, which is between man and Hashem, a check would be regarded as a document and the redemption would not be valid. He explains: The father is actually redeeming his firstborn son from Hashem, but He gave over the monetary rights to the five selaim to the Kohen. Since it is the Torah that set the requirement for the money, the redemption will only be valid if the father gives to the Kohen something that is itself valued at five selaim.

The Chazon Ish (Y”D 72:10) disagrees and maintains that a check would be regarded as money and the redemption would be valid.

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Conceived First or Born first; Who is the Firstborn?

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The Gemora (Kiddushin 68) states: We have learned that kiddushin does take effect with women that are forbidden merely by a negative commandment. It is written [Devarim 21:15]: If a man has two wives, one beloved, and the other loathed. The Gemora asks: Is there a beloved or loathed wife before Hashem? Rather, the Torah is referring to their marriage. Beloved means that he is married to a permitted woman and loathed means that he is married to a prohibited woman and nevertheless, the Torah states regarding them “If a man has two wives.” We derive from here that if a man marries a woman that is forbidden to him merely by a negative commandment, the Torah recognizes and validates the marriage.

The verse mentioned above continues and states that if the loathed wife becomes the mother of the man’s firstborn son, the father is forbidden to deny that son the right to the double portion and give it instead to the son from the beloved wife.

How can the Torah refer to one of the wives as “a loathed one”? Why would it enter our mind that the father can deprive the son of the loathed one if he in fact is the firstborn? It would seem from the order of the words in the verse that the son of the beloved woman was actually born first.

The following explanation is written in the name of the Gr”a. The Torah is referring to a case where a man divorced a woman and that is why she is called “the loathed one.” He married another woman soon afterwards. His present wife gave birth to a son seven months after the marriage. The divorced woman gave birth to a son after nine months. One might think that the double portion designated for the firstborn should go to the son of the beloved woman because he was born first; the Torah teaches us that this is not the case. Since the son of the loathed woman was conceived first, by rights, he is deserving of the double portion. This is what the Torah means when it says “for he is the first-fruits of his strength.”

There are those (the Netziv) who question if the Gr”a ever said this. One of the questions that they ask is from Rashi in Bereishis (25:26), who writes from a Medrash: The interpretation is in accordance to its simple meaning: Yaakov held onto Esav’s heel lawfully, to restrain him. Yaakov was formed from the first drop and Esav from the second. We can learn from a tube that has a narrow opening. If one would insert two stones into it, one after the other, the one that entered first will emerge last, and the one that entered last will emerge first. The result is that Esav, who was formed last, emerged first, and Yaakov, who was formed first emerged last, and Yaakov came to restrain him so that he should be the first to be born as he was the first to be formed, and he would open her womb and take the birthright by law.

According to the Gr”a, this leaves us with a question: If Yaakov was the true firstborn, why was it necessary for him to purchase the birthright from Esav?

The Kli Chemda differentiates between the birthright for inheritance, which is related to the time of conception (since it is based on a relationship with the father) and between the rights to serve in the Beis Hamikdosh, which is dependent on the time of birth. This is what Yaakov wished to purchase from Esav.

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Redeeming with a Check

The Gemora (Kesuvos 102a)explains that the son is not redeemed because of Ula’s decree. For Ula said: Biblically, his son would be redeemed when he gives the money; the Rabbis decreed that he is not redeemed because people might mistakenly say that one may redeem a firstborn son with a third-party debt document (and those are Biblically invalid for redemption; his own debt document, like in our case, would be Biblically valid, but the Rabbis were concerned that people would not understand the difference between the two types of documents).

The Chasam Sofer in a teshuva (Y”D 134) discusses if redemption would be valid when the father pays the Kohen by check. Is a check regarded as money because it is accepted as cash all over or do we say that it is regarded as a document since there is no inherent value in the paper itself?

He concludes that a check can be regarded as money for some things, but as a document for others. If it is regarding a matter which is between people, then a check would be considered money, since it is commonly accepted. However, regarding redemption of a firstborn, which is between man and Hashem, a check would be regarded as a document and the redemption would not be valid.

He explains: The father is actually redeeming his firstborn son from Hashem, but He gave over the monetary rights to the five selaim to the Kohen. Since it is the Torah that set the requirement for the money, the redemption will only be valid if the father gives to the Kohen something that is itself valued at five selaim.

The Chazon Ish (Y”D 72:10) disagrees and maintains that a check would be regarded as money and the redemption would be valid.

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Redemption with a Minor Kohen

The Pischei Teshuva (Y”D 305:4) cites a Chasam Sofer who holds that one may not redeem his firstborn son by using a Kohen who is a minor. For, generally, the Kohen uses his ability to remove the obligation of redemption from the father; a minor does not have the power to accomplish this.

Reb Chaim Kanievsky proves from our Gemora (Kesuvos 102a)otherwise. The Mishna (Bechoros 51a) states: If one wrote a document to a Kohen which said, “I am obligated to you for five selaim,” he is liable to pay him five selaim, but his son is still not redeemed (one who has a firstborn son is obligated to give five selaim to a Kohen in order to redeem him; since this document is regarded as an admission to a debt, it cannot be used for the independent obligation of redeeming his firstborn; if this document is an unsigned one, and nevertheless, it is regarded as a valid and binding admission to a debt, it would be following the opinion of Rabbi Yochanan and not Rish Lakish).

The Gemora deflects the proof: This case is different because there is a Biblical obligation to the Kohen (this, in turn, strengthens the unsigned document and renders it effective even according to Rish Lakish, just as if it would be a signed document).

The Gemora explains that the son is not redeemed because of Ula’s decree. For Ula said: Biblically, his son would be redeemed when he gives the money; the Rabbis decreed that he is not redeemed because people might mistakenly say that one may redeem a firstborn son with a third-party debt document (and those are Biblically invalid for redemption; his own debt document, like in our case, would be Biblically valid, but the Rabbis were concerned that people would not understand the difference between the two types of documents).

Reb Chaim states: It is evident from the Gemora that the father did not inform the Kohen that he was giving him the document for the sake of redemption, for if he would have done so, it would not be regarded as a new obligation according to Rabbi Yochanan.

It would emerge from here that if one gave money to a Kohen without informing him of the purpose, his son would be considered redeemed. This would prove that the Kohen is not actually effecting anything; it is the father’s giving of the money that accomplishes the redemption. Therefore, one would be able to give the five selaim to a Kohen who is a minor, and his firstborn son would be redeemed.

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Daf Yomi - Yevamos 23 - CONCEIVED FIRST OR BORN FIRST WHO IS THE FIRSTBORN?

The Gemora states: We have learned that kiddushin does take effect with women that are forbidden merely by a negative commandment. It is written [Devarim 21:15]: If a man has two wives, one beloved, and the other loathed. The Gemora asks: Is there a beloved or loathed wife before Hashem? Rather, the Torah is referring to their marriage. Beloved means that he is married to a permitted woman and loathed means that he is married to a prohibited woman and nevertheless, the Torah states regarding them “If a man has two wives.” We derive from here that if a man marries a woman that is forbidden to him merely by a negative commandment, the Torah recognizes and validates the marriage.

The verse mentioned above continues and states that if the loathed wife becomes the mother of the man’s firstborn son, the father is forbidden to deny that son the right to the double portion and give it instead to the son from the beloved wife.

How can the Torah refer to one of the wives as “a loathed one”? Why would it enter our mind that the father can deprive the son of the loathed one if he in fact is the firstborn? It would seem from the order of the words in the verse that the son of the beloved woman was actually born first.

The following explanation is written in the name of the Gra. The Torah is referring to a case where a man divorced a woman and that is why she is called “the loathed one.” He married another woman soon afterwards. His present wife gave birth to a son seven months after the marriage. The divorced woman gave birth to a son after nine months. One might think that the double portion designated for the firstborn should go to the son of the beloved woman because he was born first; the Torah teaches us that this is not the case. Since the son of the loathed woman was conceived first, by rights, he is deserving of the double portion. This is what the Torah means when it says “for he is the first-fruits of his strength.”

There are those (the Netziv) who question if the Gra ever said this. One of the questions that they ask is from Rashi in Bereishis (25:26), who writes from a Medrash: The interpretation is in accordance to its simple meaning: Yaakov held onto Esav’s heel lawfully, to restrain him. Yaakov was formed from the first drop and Esav from the second. We can learn from a tube that has a narrow opening. If one would insert two stones into it, one after the other, the one that entered first will emerge last, and the one that entered last will emerge first. The result is that Esav, who was formed last, emerged first, and Yaakov, who was formed first emerged last, and Yaakov came to restrain him so that he should be the first to be born as he was the first to be formed, and he would open her womb and take the birthright by law.

According to the Gra, this leaves us with a question: If Yaakov was the true firstborn, why was it necessary for him to purchase the birthright from Esav?

The Kli Chemda differentiates between the birthright for inheritance, which is related to the time of conception (since it is based on a relationship with the father) and between the rights to serve in the Beis Hamikdosh, which is dependent on the time of birth. This is what Yaakov wished to purchase from Esav.

Read more!