Hi rav kornfeld, I am trying to understand the mishna 8:3/gemara 48a. It deals with a case of a kohen collecting the piston haben 5 selaim from an estate when the father has passed away. Most of the discussion centers on whether the obligation to pay is like a written or an oral debt. But I have a simpler question.
How can any one Cohen actually collect? The father could have paid to the Cohen of his choice, so I don't see how any specific Cohen could enforce his specific claim (it's similar to the reason in makkot that the edim zomemim trying to make someone into a ben gerusha don't face a monetary payment for the Mara not they sought to deprive). Hamotzi mechaveiro alav hareyah.
Thank you!
Josh
Shalom,
This is not a question of any specific Kohen claiming the Pidyon ha'Ben. It is one of the father, or the sons, being Chayav to give Pidyon ha'Ben to a Kohen of their choice. Once the Chiyuv is certain, the law of "ha'Motzi me'Chavero Alav ha'Re'ayah" no longer applies, since he is obligated to pay five Sela'im regardless, in contrast to where it is a Safek Bechor, where he can claim, "Prove that he is a Bechor and I will pay you."x
Kol Tuv,
Eliezer Chrysler