הלכה אויף במדבר 18:15

A very exciting and relatively new area of halachic concern is the potential effect of archaeological discoveries upon halachic decision-making. The areas of possible impact include proper positioning of mezuzot, mikveh construction, identification of techeilet, the proper time for megillah reading, and the weight of coins used for pidyon haben (redemption of the firstborn).¹The Torah (Bemidbar 18:15-16) requires that a firstborn male child be “redeemed” by giving five shekalim to a kohen. We will discuss the extent to which Halachah accords credibility to archaeological discoveries and conclusions.

To redeem the firstborn male, as it is said, “…. nevertheless, the first-born of man shalt thou surely redeem” (Num. 18:15).

The commandment of redeeming the firstborn of a man: To redeem the firstborn of man; as it is a commandment upon every man in Israel to redeem, from the priest, his son who is the firstborn to his Israelite mother — as it is stated (Numbers 18:15), “but you shall redeem the firstborn of man.” Elsewhere we find that the Torah makes being firstborn dependent on exiting the womb, as it is stated in the Order of Bo el Pharaoh (Exodus 13:2), “all the firstborn, all that exit the womb of the Children of Israel — whether man or beast — is Mine.” And the meaning of “exit the womb” is “opening the womb,” meaning who was the first to open the womb of the mother. And because of this, they, may their memory be blessed, said (Bekhorot 46a) that one who is born after a stillborn — any stillborn for which the mother would be impure [as a result of it] — the one that comes after it is not a firstborn to [be redeemed from] the priest, as the stillborn preceded him; but if the fetus [is not developed enough that] the mother [contracts] the impurity of birthing, the one that comes after it is a firstborn. In Tractate Niddah (Niddah 21a) this distinction is elucidated, and likewise in Tractate Bekhorot (Bekhorot 46a) is elucidated which firstborn children are considered first for the priest and not for inheritance, and which are first for inheritance but not for the priest. It also said there that there is a firstborn for everything and one that is not a firstborn for [even] one of them.