1. In what scenarios is a child to be circumcised on Shabbos and Yom Tov?[1]

Eight day Bris:[2] The circumcision of an infant is to be performed on the eighth day after birth even if it falls on Shabbos or Yom Tov.[3]

A delayed Bris:[4] If it is past the child’s eighth day and for whatever reason[5] the child has yet to be circumcised, then the circumcision may not be done on Shabbos.[6] [If one transgressed and circumcised the child on Shabbos past the eighth day, then it is questionable as to whether the circumcision remains valid, and as to whether Hatafas Dam Bris is required to be performed.[7]]

Bein Hashmashos of Shabbos-A child who was born during twilight:[8] A child who was born during Bein Hashmashos[9] of either Erev Shabbos or Motzei Shabbos is not to be circumcised on Shabbos, but rather on Sunday.[10] Even if the child stuck out[11] majority[12] of his head[13] during Bein Hashmashos, even though it was only fully removed after nightfall, nevertheless it is considered as if he was born during Bein Hashmashos and the circumcision may not be done on Shabbos. [For this reason, special heed must be taken to verify the exact time the baby’s head has protruded in case of a birth taking place near the time of Bein Hashmashos of Erev Shabbos or Shabbos![14] Nevertheless, unless known otherwise[15], we do not assume the head came out much time prior to the body and we thus go in accordance to when the baby was taken out.[16] However other Poskim[17] rule it is always considered a doubt as to whether the head exited during Bein Hashmashos if she was in active labor during Bein Hashmashos and then gave birth at the beginning of the night.]

Bein Hashmashos 8 days before Yom Tov-A child who was born during twilight:[18] A child who was born during Bein Hashmashos which is Safek eight days prior to a holiday [i.e. Bein Hashmashos of Sunday or Monday and Yom Tov is next Monday], then the circumcision is not to take place on Yom Tov, but rather after Yom Tov. Some Poskim[19] rule that in the Diaspora, the circumcision is to be delayed until after the second day of Yom Tov. Other Poskim[20], however, rule that in the Diaspora the circumcision is to take place on the second day of Yom Tov, with exception to Rosh Hashanah, by which it is to be delayed until after both days of Rosh Hashanah. [Some Poskim[21] rule that the above debate is only in the event that the second day of Yom Tov is definitely pass the eighth day from birth, such as if the child was born Bein Hashmashos of nine days earlier and hence the second day of Yom Tov is either the ninth day or 10th day. If, however, the second day of Yom Tov is the eighth day from birth, and hence the second day of Yom Tov is either the eighth day or ninth day then everyone agrees that the circumcision is to be done on that day.]

A premature baby:[22] A premature baby who is medically able to be circumcised on his eighth day, may be circumcised on Shabbos. If however the child’s hair or nails are not fully developed and it is questionable whether the child was born in its eighth month, and certainly if one knows that it was born in the eighth month, then it is better to abstain from circumcising this child on Shabbos.[23] [This applies even today, despite the fact that most premature babies of this kind will live to term.[24]] Nevertheless some are accustomed even in such a case to circumcise the child on Shabbos if it is a merely questionable 8th month baby.[25] If the child has fully developed hair and nails, or it does not but one knows for certain that it is a ninth- or seventh-month baby, then it is to be circumcised on Shabbos. [Practically, based on standard medical advice it is suggested to always wait until the 36-37th week prior to circumcising, even if the child is Halachically allowed to be circumcised on Shabbos.[26]]

Androgenus:[27] An Androgenus is not to be circumcised on Shabbos even if it coincides with his 8th day.[28]

One who was born circumcised:[29] A child who was born circumcised[30] is not to be circumcised on Shabbos even if it coincides with his 8th day.[31]

C-section/Caesarean:[32] A child who was born Caesarean is not to be circumcised on Shabbos even if it coincides with his 8th day.[33]

Treifa:[34] If a child is born with a medical condition which deems him a Treifa [i.e. unable to live for more than 12 months] that it is debated in the Poskim as to whether such a child may be circumcised on Shabbos even if it is the eighth day and he is healthy enough to be circumcised.

Convert: [35] If an infant was converted by his gentile mother prior to his 8th day he is not to be circumcised on Shabbos even if it coincides with his 8th day.[36]

Two foreskins or two Gidim:[37] A child born with two foreskins[38] or two complete sets of Gidim is not to be circumcised on Shabbos even if it coincides with his 8th day.[39]

Ben Mumar:[40] A child born from a father who is an apostate Jew[41] is to be circumcised on Shabbos if it coincides with his 8th day, if the mother is not an apostate Jew.[42] [Likewise if the father is not an apostate while the mother is, the child is to be circumcised on Shabbos.[43]] If, however, both the mother and the father are apostate Jews, then it is disputed amongst Poskim[44] whether one may circumcise the child on Shabbos. [Practically, the custom is to circumcise all Jewish children on Shabbos if it coincides with their 8th day irrelevant of their parent’s religious affiliation.[45]] 

Mother Jewish, father not:[46] It is disputed amongst Poskim[47] whether a child who was born from a gentile father may be circumcised on Shabbos even if it coincides with his 8th day.

Father Jewish, mother not:[48] A child whose mother is not Jewish is forbidden to be circumcised on Shabbos [even if it coincides with the child’s 8th day and the father wants to convert him].

Mamzeir:[49] A Mamzeir is to be circumcised on Shabbos if it coincides with his 8th day.

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[1] Admur 331; Michaber O.C. 331; Y.D. 266; Shevach Habris 8:1

[2] Admur 331:1; Michaber Y.D. 266:2

[3] The reason: As the verse states, “And on the eighth day circumcise his foreskin.” The word “day” is expounded to include even Shabbos. [Admur ibid]

[4] Admur 331:4 ; Michaber Y.D. 266:2; Shevach Habris 8:1

[5] Such as the infant was ill and could not be circumcised on his eighth day. [Admur ibid]

[6] The reason: The reason for this is because it is possible to circumcise the child after Shabbos without diminishing any fulfillment of the Mitzvah, as in any event it will not take place on its proper time whether it is done on Shabbos or after. [Admur ibid] Meaning pushing it off one more day due to Shabbos does not lessen one’s quality of performance of the Mitzvah once it is past the 8^th day. For this reason, it must be delayed until after Shabbos.

[7] See Teshuvas Rav Akiva Eiger 174, brought in Pischeiy Teshuvah Y.D. 266:1 who records the different arguments for this question, although concludes that the main approach follows that the circumcision remains valid and Hatafas Dam Bris is not required

[8] Admur 331:5; Michaber Y.D. 262:4-6; 266:8; Shevach Habris 8:2; Pesakim Uteshuvos 262:15-16; 266:8

Born after Maariv, before sunset: Is considered day. [Michaber 262:7; See Pesakim Uteshuvos 262:17]

[9] When is Bein Hashmashos? Between sunset and nightfall. [Siddur as rules Geonim and so is the custom of all Jewry today; Birkei Yosef, brought in M”B 331:14, writes that the custom has spread like the Geonim in all Eretz Yisrael; This ruling is in contrast to the ruling of Admur in the Shulchan Aruch in 331:5 and 261:5] Practically according to Admur in the Siddur Bein Hashmashos only begins a few minutes [between 3 and 5 minutes-see Kitzur Hilchos Shabbos Miluim p. 99] after the visual sunset. The start of Nightfall varies in each area. An expert Rav is to be contacted in cases of any doubt as to the Halachic definition of the time the child was born.] See Pesakim Uteshuvos 262:15 footnotes 117-123

When is Shekia: See Pesakim Uteshuvos 262:15 footnotes 123-126

Opinion of Rabbeinu Tam-The ruling of the Shulchan Aruch [Admur 331:5 and Michaber Y.D. 266:9: In the Shulchan Aruch, Admur [and the Michaber Y.D. 266:9] rules like the opinion of Rabbeinu Tam [unlike the Yereim/Geonim] that Bein Hashmashos begins 15 minutes prior to nightfall, which in turn begins only 72/96 [depending on calculation of Mil in Admur] after sunset. Hence for up to 56.5-78 minutes after sunset it is still considered day for all purposes. Thus, if a child was born during this time on Erev Shabbos he is to be circumcised the next Friday. If he was born at this time on Shabbos he is to be circumcised on Shabbos. The reason we are not stringent like the opinion of the Yireim in this case to suspect that perhaps it is already after Shabbos when he was born is because no one in these provinces are accustomed like the Yireim regarding Melacha on Erev Shabbos, hence there is no need at all to be stringent here and push off the circumcision due to their opinion. [Admur ibid; No mention of the opinion of the Geonim is made by Admur in his Shulchan Aruch. Now although in 251:5 Admur rules regarding one who accepted Shabbos before Plag Hamincha of Rabbeinu Tam, to be stringent like Yireim, perhaps there it is different as by one accepting Shabbos at that time he has shown that he suspects for the opinion of the Yireim. Alternatively, in that case there is nothing to lose by being stringent while here if one is stringent the Bris will be delayed from its proper time according to the main opinion.]

Other Poskim-Opinion of Shach and Maharam Alshiker: The Shach [Yoreh Deah 266:11] brings the Maharahm Alshiker who rules to be stringent like the Geonim and push off the Bris if the child is born on Shabbos anytime between sunset and nightfall [of Rabbeinu Tam]. [This is unlike the ruling of Admur in the Siddur who rules completely like the Geonim that if born after nightfall of Geonim on Erev Shabbos, the Bris is to be done on Shabbos even though it is still Friday according to Rabbeinu Tam.] Birchei Yosef [brought in M”B 331:14] writes that the custom has spread like the Geonim in all Eretz Yisrael.

[10] The reason: As we do not override the Shabbos prohibitions if there is question as to whether the Mitzvah is to be performed that day. [ibid] As there is doubt as to whether Bein Hashmashos is part of the previous day or the coming day. Hence if born on Bein Hashmashos of Erev Shabbos the coming Shabbos is questionable whether it is the child’s 8^th day or 9^th day. In the case the child was born on Bein Hashmashos of Motzaei Shabbos it is questionable if the coming Shabbos is the 7^th or 8^th day.

[11] See Piskeiy Teshuvos 331:6 and Pesakim Uteshuvos 262:16 footnotes 132-135 for a discussion in Poskim on the exact definition of the head coming out. Is it defined as having come out once it exists the Prozdor to the Beis Hachitzon, or is it only considered to have come out when it enters to the actual air of the world. The custom is like the latter opinion. [Chasam Sofer Yoreh Deah 167; Sidrei Taharah 194:26; Pischeiy Teshuvah 266:8]

[12] It is disputed in Poskim as to how one is to measure the majority of the head. Is it the majority of the forehead, or the entire forehead. [see Piskeiy Teshuvos 331:6 and Pesakim Uteshuvos 262:16 footnotes 128-131]

[13] Regarding a child which was born breached [leg first] then when majority of the body exits it is considered to have been born. Practically once the naval has come out majority of the body is considered to have exited. [see Piskeiy Teshuvos 331:6]

[14] Pesakim Uteshuvos 262:16 footnotes 13138

[15] Such as a case that the mother had difficulty pushing the child out.

[16] See Piskeiy Teshuvos 331:6 in name of Migdal Oz [Yaavetz]; Pesakim Uteshuvos 262:16 footnotes 136-141

[17] Pischeiy Teshuvah 266:8

[18] Michaber Y.D. 266:8; See Pesakim Uteshuvos 266:9-10

[19] Michaber ibid; Rosh; Chasam Sofer 250; Tashbeitz 3:284; Pischeiy Teshuvah 266:7 that the main opinion is like this opinion; Noda Beyehuda O.C. 30, brought in Pischeiy teshuvah 266:7 that this is the main opinion

[20] Shach Y.D. 266:8; Rambam; Semag Asei 28; Kol Bo 73; Noda Beyehuda O.C. 30, brought in Pischeiy teshuvah 266:7 that one who is lenient like this opinion is not to be protested

[21] Noda Beyehuda O.C. 30, brought in Pischeiy Teshuvah 266:7

[22] Admur 330:8; 331:3; See Michaber and Rama Y.D. 266:11; Pesakim Uteshuvos 266:14; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 528

Background of opinions: Some Poskim rule that it is forbidden to circumcise on Shabbos an 8^th month child who has not developed its hair and nails. [1st opinion in Admur 330:8 “Even to move such a baby is forbidden the same way it is forbidden to move a stone. Therefore one does not circumcise this child on Shabbos.”; Michaber Yoreh Deah 266:11 Taz Y.D. 266; Bach 266; Beir Heiytiv] The reason for this is because the child is Muktzah. [Admur ibid “We do not say let us circumcise the child in any event as if the child is a seventh month old then his circumcision overrules Shabbos and if he is an eighth month child then there is no Shabbos desecration here in the circumcision, as it is like merely cutting meat. [The reason for this is] as since it is close to certain that it is an eighth month child the Sages did not want to allow moving him on behalf of his circumcision in a scenario where it is close to certain that his circumcision is meaningless.] Other Poskim however rule that it is allowed to circumcise the child if there is doubt as to whether he was born in 7^th or 8^th month as perhaps he was born on the 7^th and is considered a live child. [2^nd opinion in Admur 330:8 “There are those which argue on this and say that since it is possible that he is a seventh month child and all seventh month children are not stillborns despite that their hair and nails have not fully developed, therefore there is no prohibition at all to carry him on Shabbos, and so too he is to be circumcised on Shabbos in any event.”; Rama ibid] However, if it is certain the child was born the 8^th month then even according to the Rama the child is not to be circumcised. Practically the custom is to circumcise even in such a case as we do not know for certain when she became pregnant with the child. [Admur ibid; Rama ibid] Nevertheless, Admur concludes as stated above that this is not to be done, even when it is a true doubt as to which month the child was born, as in a case of dispute it is better to act in a passive manner. [Admur ibid]

[23] Conclusion of Admur ibid in parentheses “(with regards to circumcision on Shabbos it is better to sit and do nothing, and it is proper to suspect for the words of the forbidding opinions, [as] and although there is no prohibition in moving the child there is a prohibition in circumcising the child on Shabbos for no need as similarly there is a prohibition in cutting the umbilical cord on Shabbos even according to the latter opinion as was explained [above].)”; Michaber ibid prohibits; Taz Y.D. 266; Bach 266; Beir Heiytiv

[24] Minchas Yitzchak 4:123; Kinyan Torah 3:42; Chazon Ish Yoreh Deah 155 rule that today all premature babies, even in 8^th month may have Shabbos desecrated on their behalf. Nevertheless, since there are medical issues involved in circumcising a child prematurely, practically we do not circumcise any premature child. [Piskeiy Teshuvos 331:4]

[25] Admur ibid “Based on this [latter] opinion today we circumcise all children even if he was born in the eighth month as we are not expert in the months of pregnancy as at times a woman conceives near her immersion and at times she does not conceive until later and it is possible that the child is a seventh month child, and even though that his hair and nails have not fully developed he is to be circumcised, and so too it is permitted to move him on Shabbos.”; Rama ibid

[26] Piskeiy Teshuvos 331:4; see Igros Moshe Yoreh Deah 2:121 that if a child is in an incubator, he is considered ill and cannot be circumcised until 7 days have passed after he is removed.

[27] Admur 331:6; Michaber Y.D. 266:10; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 527

An Androgenus is a person born with the both the male and female genitals.

[28] The reason: As there is doubt in the status of his gender [Admur ibid] and we do not overrule the Shabbos prohibitions in a case of doubt. [331:5]

[29] Admur 331:6; Michaber Y.D. 266:10

[30] Which is defined as an unapparent foreskin, even if the foreskin is only undetectable when the child has an erection. [Admur ibid]

[31] The reason: As although he is required to have blood dripped from his foreskin area, nevertheless since this is not a clear Biblical requirement it therefore does not overrule the Shabbos prohibitions. [Admur ibid]

[32] Admur 331:6; Michaber O.C. 331:5; Y.D. 266:10; Shabbos 135; Shevach Habris 8:3; See Os Chaim Veshalom 266:8; Pesakim Uteshuvos 266:11; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 531

[33] The reason: As there is doubt as to whether an infant born through Caesarean is required to be circumcised immediately, or on his 8^th day. The reason for this is because the Torah juxtaposes the command of circumcision on the 8^th day to a woman’s impurity due to the birth, and since such a woman did not become impure due to the birth perhaps the obligation to circumcise on the 8^th day does not apply. [Admur ibid] [Background: The Gemara [Shabbos 135] suggests that a child born to a mother who did not become impure in the process is not required to be circumcised on the 8^th day. Hence it does not override the Shabbos prohibitions.]

[34] Pesakim Uteshuvos 262:10 footnotes 84-86

[35] Admur 331:6; Pesakim Uteshuvos 266:12

[36] The reason: As there is doubt as to whether an infant which was converted is required to be circumcised immediately upon the conversion, or on his 8^th day. The reason for this is because the Torah juxtaposes the command of circumcision on the 8^th day to a woman’s impurity due to the birth, and since such a woman did not become impure due to the birth perhaps the obligation to circumcise on the 8^th day does not apply. [Admur ibid]

[37] Admur 331:6; Michaber Y.D. 266:10; Shabbos 135

[38] Two foreskins, one over the other.

[39] The reason: As there is doubt as to whether an infant which was born with two foreskins is required to be circumcised on his 8^th day, as the Torah states “Circumcise his foreskin” which refers to a single foreskin. Therefore, although such a child is to be circumcised on the 8^th day due to doubt it nevertheless does not override the Shabbos prohibitions due to this mere doubt. [Admur ibid]

[40] See Pesakim Uteshuvos 266:14; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 532

[41] Known as a Mumar.

[42] Michaber Yoreh Deah 266:12

[43] Tiferes Lemoshe, brought in Pischeiy Teshuvah 266:14

[44] Some Poskim rule that nevertheless the child may be circumcised on Shabbos even in such a case. [Bedek Habayis, brought in Bach, brought in Shach 266:16] Other Poskim, however, rule it is forbidden to circumcise the child on Shabbos in such a case. [Shach 266:16; Taz 266:9]

[45] Mahrsham 2:156; Sheivet Haleivi 4:132

[46] See Pesakim Uteshuvos 266:14

[47] Pischeiy Teshuvah Yoreh Deah 266:14 rules he is to be circumcised on Shabbos. Mahrahm Shik [Even Haezer 20] and Beis Yitzchak [Even Haezer 29:11] rule the child may not be circumcised on Shabbos as some Poskim hold he has the status of a gentile and needs conversion, as well as that he is probably no better than the child of a Mumar/Mumeres.

[48] Michaber Yoreh Deah 266:13; Pesakim Uteshuvos 266:15

[49] Yoreh Deah Shach 266:17

[50] Minchas Yitzchak 3:35; Igros Moshe Yoreh Deah 1:156

[51] A) It is a mere Grama b) This can lead others to push off doing their Bris on time. C) Perhaps a non-religious person will do the Bris improperly.

[52] Mahrshag 2:24; Sheivet Haleivi 4:132 and 135

[53] See Minchas Yitzchak 3:35

[54] Brought in Piskeiy Teshuvos 331:1

[55] See Pesakim Uteshuvos 262:5

[56] Mahrsham 1:209; Beis Yitzchak 42; Beis Shearim 120; Minchas Yitzchak 2:75

[57] Avnei Neizer 2:392; Chayeh Adam 68:19 leaves this matter in question

[58] SSH”K 42 footnote 245

[59] Minchas Yitzchak ibid

[60] Piskeiy Teshuvos 331:5

[61] As rule Geonim

[62] Minchas Elazar 1:23; Divrei Yoel 18; Igros Moshe 4:62; Sheivet Haleivi 1:49; 4:132; Beir Moshe 2:61

[63] Har Tzevi Yoreh Deah 248

[64] Har Tzevi Yoreh Deah 248

[65] Rav SZ”A brought in Piskeiy Teshuvos 331:7

[66] As this is not the natural way of becoming impregnated and the verse states “a woman when she Tazria and has a son…” regarding Milah on the 8^th day.