At the end of Parshas Bechukosai we have a Parsha regarding a Bechor and
in 27:26 we read (אַךְ-בְּכוֹר אֲשֶׁר-יְבֻכַּר לַירוָר,
בִּבְהֵמָה--לֹא-יַקְדִּישׁ אִישׁ, אֹתוֹ). The Torah tells us you can't
take a Bechor and turn it into a Korban Shelamim, turn
it into a Korban Olah, turn it into any other Korban because once it is
a Bechor you can't be Makdish it. From this the Mishna in Maseches
Temurah at the beginning of Perek 5 learns (כיצד מערימין על הבכור: מבכרת
שהייתה מעוברת, אומר מה שבמעיה של זו, אם זכר,
עולה--ילדה זכר, יקרב עולה; ואם נקבה, זבחי שלמים--ילדה נקבה, תקרב שלמים.
אם זכר, עולה, ואם נקבה, זבחי שלמים--ילדה זכר ונקבה--הזכר יקרב עולה,
והנקבה תקרב שלמים) only once the Bechor is born you can't turn it into a
Korban. When the Bechor is still in the mother's
womb a person can turn it into a Korban. Therefore, the Mishnah says if
a person is going to have an animal that is a Bechor born to him he is
going to have to give it away. If he desires he can say Im Zachar Olah, I
am Makdish this animal in its mother's
womb, if it is a male animal it should be a Korban Olah. Then he can be
Yotzei his obligation or his Nedava to bring a Korban Olah. That is all
part of the Mishna.
Now, let me share with you a Shaila in the Teshuvas Maharsham Cheilek 5 Teshuvah 42 and it is quoted here in the Ha'arev Na on the Parsha. A person wanted very badly to have children. He made a Neder. The example that is brought is that he swore to HKB"H that if Hashem gives him a son he will give $36,000 to Tzedakka. If Hashem gives him a daughter he said he would give $18,000 to Tzedakah. Apparently he wanted a son more than he wanted a daughter. Maiseh Shehaya Kach Haya. He said if I will have a son I will give $36,000 to Tzedaka and if I have a daughter I will give $18,000. His wife Boruch Hashem gave birth but gave birth to twins, a boy and a girl. He came to ask a Shaila, how much does he have to give? He only made a Neder to give either $36,000 or $18,000 does he have to give $54,000? What is the Halacha?
Said the Maharsham lets go back to that Mishnah in Maseches Temurah. You have this man who was trying to turn a baby in his mother's womb into a Korban. So the Mishna reads as follows. The man said (אם זכר, עולה--ילדה זכר, יקרב עולה; ואם נקבה, זבחי שלמים--ילדה נקבה, תקרב שלמים). If the baby is a male it should be a Korban Olah and if it is female it should be a Korban Shelamim. The Mishna says (ילדה זכר ונקבה--הזכר יקרב עולה, והנקבה תקרב שלמים) that if the animal gave birth to twin calves they are both Kodesh. The male calf is an Olah and the female is a Shelamim. From there the Maharsham learns the same thing here. He made a Neder if a male this and if a female that if they are both born you have to pay double. Ad Kan this is the Psak of the Maharsham and as I have said it is quoted in this week's Parsha by Rav Zilberstein in the Sefer V'harev Na.
When I read this I was troubled. There seems to be a logical difference between the two cases. In the case of the man making a Neder, he never intended to give $54,000 to Tzedakah in any event. He was either going to give $36,000 or $18,000. He never intended to give more. It is not the same as the man who has a cow that is about to give birth. He is not promising to give money from his pocket, he is saying if it gives birth to a male it is one type of Korban and if not then it is another type of Korban. Both are born. He does not have a greater expenditure of money if they are both Korbanos. After all, he was saying that whatever is born should be a Korban. If it is 1 then it is 1 Korban. If it is 2 it will be 2. There is no reason to say he never intended for both to be Korbanos. How can one compare that to this Shaila where the man promised not to give the baby that is born to Tzedaka but money from his pocket? He never intended to give $54,000 to Tzedaka. Therefore, this Psak while being beautiful Aggadata seems to have some flaw in its logic. If you have this Shaila, ask. I am not Paskening.
Now, let me share with you a Shaila in the Teshuvas Maharsham Cheilek 5 Teshuvah 42 and it is quoted here in the Ha'arev Na on the Parsha. A person wanted very badly to have children. He made a Neder. The example that is brought is that he swore to HKB"H that if Hashem gives him a son he will give $36,000 to Tzedakka. If Hashem gives him a daughter he said he would give $18,000 to Tzedakah. Apparently he wanted a son more than he wanted a daughter. Maiseh Shehaya Kach Haya. He said if I will have a son I will give $36,000 to Tzedaka and if I have a daughter I will give $18,000. His wife Boruch Hashem gave birth but gave birth to twins, a boy and a girl. He came to ask a Shaila, how much does he have to give? He only made a Neder to give either $36,000 or $18,000 does he have to give $54,000? What is the Halacha?
Said the Maharsham lets go back to that Mishnah in Maseches Temurah. You have this man who was trying to turn a baby in his mother's womb into a Korban. So the Mishna reads as follows. The man said (אם זכר, עולה--ילדה זכר, יקרב עולה; ואם נקבה, זבחי שלמים--ילדה נקבה, תקרב שלמים). If the baby is a male it should be a Korban Olah and if it is female it should be a Korban Shelamim. The Mishna says (ילדה זכר ונקבה--הזכר יקרב עולה, והנקבה תקרב שלמים) that if the animal gave birth to twin calves they are both Kodesh. The male calf is an Olah and the female is a Shelamim. From there the Maharsham learns the same thing here. He made a Neder if a male this and if a female that if they are both born you have to pay double. Ad Kan this is the Psak of the Maharsham and as I have said it is quoted in this week's Parsha by Rav Zilberstein in the Sefer V'harev Na.
When I read this I was troubled. There seems to be a logical difference between the two cases. In the case of the man making a Neder, he never intended to give $54,000 to Tzedakah in any event. He was either going to give $36,000 or $18,000. He never intended to give more. It is not the same as the man who has a cow that is about to give birth. He is not promising to give money from his pocket, he is saying if it gives birth to a male it is one type of Korban and if not then it is another type of Korban. Both are born. He does not have a greater expenditure of money if they are both Korbanos. After all, he was saying that whatever is born should be a Korban. If it is 1 then it is 1 Korban. If it is 2 it will be 2. There is no reason to say he never intended for both to be Korbanos. How can one compare that to this Shaila where the man promised not to give the baby that is born to Tzedaka but money from his pocket? He never intended to give $54,000 to Tzedaka. Therefore, this Psak while being beautiful Aggadata seems to have some flaw in its logic. If you have this Shaila, ask. I am not Paskening.
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