3. Bris on Shabbos

* This article is an excerpt from the above Sefer

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  1. Shabbos:[1]

*See Chapter 11 for the full details of this subject!

The circumcision of an infant is to be performed on the eighth day after birth even if it falls on Shabbos.[2] [The custom is to perform it after Musaf.[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]

Bein Hashmashos of Shabbos-A child who was born during twilight:[7] A child who was born during Bein Hashmashos[8] of either Erev Shabbos or Motzei Shabbos is not to be circumcised on Shabbos, but rather on Sunday.[9] Even if the child stuck out[10] majority[11] of his head[12] 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! Nevertheless, unless known otherwise[13], 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.[14] However other Poskim[15] 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.]

C-section/Caesarean:[16] A child who was born Caesarean is not to be circumcised on Shabbos even if it coincides with his 8th day.[17]

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[1] Admur 331; Michaber O.C. 331; Y.D. 266; Shevach Habris 8:1; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 502-538

[2] Admur 331:1, 4;  Michaber Y.D. 266:2

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

[3] See Pesakim Uteshuvos 262:5 footnote 33

[4] Admur 331:14;  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 8th day. For this reason, it must be delayed until after Shabbos.

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

[8] 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.]

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.

[9] 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. [Admur 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 8th day or 9th day. In the case the child was born on Bein Hashmashos of Motzaei Shabbos it is questionable if the coming Shabbos is the 7th or 8th day.

[10] See Piskeiy Teshuvos 331:6 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]

[11] 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]

[12] 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]

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

[14] See Piskeiy Teshuvos 331:6 in name of Migdal Oz [Yaavetz]

[15] Pischeiy Teshuvah 266:8

[16] Admur 331:6; Michaber O.C. 331:5; Y.D. 266:10; Shabbos 135; Shevach Habris 8:3; See Os Chaim Veshalom 266:8

[17] The reason: As there is doubt as to whether an infant born through Caesarean is required to be circumcised immediately, or on his 8th day. The reason for this is because the Torah juxtaposes the command of circumcision on the 8th 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 8th 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 8th day. Hence it does not override the Shabbos prohibitions.]

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