Hello kollel!
The mishna deals with scenario where there may or not be a bechor. In these the father can't be forced to pay bc hamotzi mechabeiro. My question is since we also say safek deoraita le chumra, why don't we make the father do the procedure and then just have the cohen return the money after?
Thank you!
Josh
Shalom Josh,
This is an excellent question. In fact, something along these lines is done when the doubt concerns a Peter Chamor . In that case, there is not only a monetary obligation to give a lamb to the Kohen, but also an Isur to derive benefit from or work with the firstborn donkey until the redemption is performed. Therefore, if there is a Safek in the case of a Peter Chamor, the owner should take a lamb and, out of doubt, declare it as the redemption of the donkey. After doing so, he does not give the lamb to the Kohen, since ha'Motzi me'Chaveiro Alav ha'Re'ayah .
However, with a human child who is a possible Bechor, the only issue is the monetary obligation to the Kohen; there is no additional Isur that requires addressing. Therefore, if the Kohen will not actually receive the money, there is no need to perform the Pidyon procedure at all.
I hope this helps clarify the matter. Again, I appreciate your insightful question.
May you continue to grow in Torah and Yir'as Shamayim!
Bi'Verachah,
Yishai Rasowsky