Chapter 11: Shabbos & Yom Tov Bris

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Chapter 11: Shabbos & Yom Tov Bris[1]

  1. In what scenarios is a child to be circumcised on Shabbos and Yom Tov?[2]

Eight day Bris:[3] The circumcision of an infant is to be performed on the eighth day after birth even if it falls on Shabbos or Yom Tov.[4]

A delayed Bris:[5] If it is past the child’s eighth day and for whatever reason[6] the child has yet to be circumcised, then the circumcision may not be done on Shabbos.[7] [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.[8]]

Bein Hashmashos of Shabbos-A child who was born during twilight:[9] A child who was born during Bein Hashmashos[10] of either Erev Shabbos or Motzei Shabbos is not to be circumcised on Shabbos, but rather on Sunday.[11] Even if the child stuck out[12] majority[13] of his head[14] 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![15] Nevertheless, unless known otherwise[16], 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.[17] However other Poskim[18] 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:[19] 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[20] rule that in the Diaspora, the circumcision is to be delayed until after the second day of Yom Tov. Other Poskim[21], 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[22] 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:[23] 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.[24] [This applies even today, despite the fact that most premature babies of this kind will live to term.[25]] Nevertheless some are accustomed even in such a case to circumcise the child on Shabbos if it is a merely questionable 8th month baby.[26] 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.[27]]

Androgenus:[28] An Androgenus is not to be circumcised on Shabbos even if it coincides with his 8th day.[29]

One who was born circumcised:[30] A child who was born circumcised[31] is not to be circumcised on Shabbos even if it coincides with his 8th day.[32]

C-section/Caesarean:[33] A child who was born Caesarean is not to be circumcised on Shabbos even if it coincides with his 8th day.[34]

Treifa:[35] 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: [36] 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.[37]

Two foreskins or two Gidim:[38] A child born with two foreskins[39] or two complete sets of Gidim is not to be circumcised on Shabbos even if it coincides with his 8th day.[40]

Ben Mumar:[41] A child born from a father who is an apostate Jew[42] is to be circumcised on Shabbos if it coincides with his 8th day, if the mother is not an apostate Jew.[43] [Likewise if the father is not an apostate while the mother is, the child is to be circumcised on Shabbos.[44]] If, however, both the mother and the father are apostate Jews, then it is disputed amongst Poskim[45] 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.[46]

Mother Jewish, father not:[47] It is disputed amongst Poskim[48] 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:[49] 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:[50] A Mamzeir is to be circumcised on Shabbos if it coincides with his 8th day.

 

Summary:

The following children may not be circumcised on Shabbos even if they were born the previous Shabbos:

1. A child born with C-Section.

2. A child born circumcised.

3. An Androgenus.

4. A child born with two foreskins.

5. A child born with two Gidim.

6. A child which converted after the birth, before the eighth day.

7. Father of child is not Jewish: dispute if may be circumcised.

8. Mother of child is not Jewish

Q&A

May one circumcise the child of an unorthodox couple on Shabbos if doing so will lead to unnecessary desecration of Shabbos?

Some Poskim[51] rule that one is to always go through with a Bris on Shabbos even if this will cause others to desecrate Shabbos, as one may not delay such a great Mitzvah due to these reasons.[52] Other Poskim[53] however rule that if one is certain that unnecessary Shabbos desecration will occur due to the circumcision, then it is to be delayed until the next day. If, however, due to one’s refusal an unorthodox Mohel will be hired in one’s place to perform the Bris on Shabbos, then he may agree to do so.[54] In any event [according to this latter opinion] one is to try to influence the parents to delay the Bris under different pretexts, such as the child is too yellow and reasons of the like.[55]

 

Must a Mohel agree to travel away from home to do a Shabbos Milah?[56]

Some Poskim[57] rule the Mohel is obligated to travel to the area of the child in order to perform a Bris. Other Poskim[58], however, rule there is no obligation to do so. This especially applies today that it is possible for the baby to come to the Mohel’s area for Shabbos.[59] Likewise, some Poskim[60] rule there is no obligation to do so for the child of a non-orthodox couple.

 

One who follows Rabbeinu Tam regarding Motzaei Shabbos, how is he to follow regarding a child born after sunset?[61]

He is to be stringent to consider it Bein Hashmashos from after sunset[62] until after nightfall of Rabbeinu Tam [approximately 65 minutes after sunset in Eretz Yisrael].[63]

 

If a child was born on Shabbos with use of a vacuum, is he to be circumcised on his 8th day which coincides with Shabbos?[64]

Yes.

 

Is an IVF or AI baby to be circumcised on his 8th day which coincides with Shabbos?[65]

Some Poskim[66] leave this matter in question.[67]

 

2. Actions that may be performed for the child when a Bris is performed on Shabbos:[68]

  • Mila
  • Periah[69]
  • Metzitzah[70]
  • Medical treatment to the area:[71] One may place a bandage or poultice[72] on the area of circumcision.[73] Likewise, all other medical treatments may be done to the area of circumcision.[74] Nevertheless, initially one is required to prepare all the medical treatments before Shabbos [if their preparation involves transgressing Shabbos, even Rabbinically[75]]. Thus, all ointments which require preparation are to be prepared before Shabbos.[76] If one did not prepare the medicines before Shabbos then one may do so on Shabbos with an irregularity.[77] If one is unable to prepare the medicines on Shabbos using an irregularity[78] then it is forbidden to prepare them on Shabbos [even if doing so involves only a Rabbinical transgression[79]]. It is forbidden to prepare the medicine in such a case even if this will cause the circumcision to need to be delayed until the next day.[80] If, however, the child was already circumcised then all matters may be done to treat the child, even if they could have been done before Shabbos.[81] However, if prior to the child being circumcised the medicine spilled [and it cannot be made without a Shinuiy] then it remains forbidden to be done, and the Mila is rather to be differed until after Shabbos.[82]
  • Removing pieces of the foreskin after the circumcision:[83] After the circumcision it is permitted, if necessary, to cut off any remaining pieces of the foreskin if those pieces refrain the Mitzvah from being fulfilled. However, those pieces of skin which do not refrain the Mitzvah’s fulfillment, even though they are initially required to be removed, may not be cut on Shabbos once the Mohel has removed his hand from the area after the initial circumcision. Prior however to removing his hand from the area of circumcision it is permitted to fix and cut even these pieces of skin.

           

3. Machshireiy Milah/Transgressions involved in preparing for the circumcision:[84]

Only the act of circumcision itself overrides Shabbos, while all other matters which are done to prepare for the circumcision may not be done on Shabbos [or Yom Tov[85]] if they involve any Shabbos prohibition, even of Rabbinical nature.[86] Thus all the forbidden preparations for the circumcision must be done from before Shabbos. This includes:

  • Making or sharpening the blade of the Mila knife.[87]
  • Bringing the knife to the area of the circumcision must be done before Shabbos if it involves passing an area in which carrying is forbidden, whether Biblically or Rabbinically.
  • Preparation of medicines, as explained above [although on Yom Tov, at times it is permitted[88]].
  • Chaluk[89]

If a person did not do the above before Shabbos: If a forbidden action was not taken care of from before Shabbos, it remains forbidden to do so on Shabbos even if doing so involves a mere Rabbinical prohibition[90], and even if this will cause the circumcision to be delayed until the next day.[91] This applies even if it was beyond one’s control that the above actions were not fulfilled before Shabbos. Likewise, even if the necessary preparations were fulfilled before Shabbos but the items got lost or damaged or the medicine spilled [and it cannot be made without a Shinuiy] and new one’s are required, it nevertheless remains forbidden to be done, and the Mila is rather to be differed until after Shabbos.[92]

Asking a gentile to do one of the forbidden preparations:[93] One may ask a gentile to perform a Rabbinically forbidden action needed for the circumcision.[94] Furthermore, if absolutely necessary to the point that lack of doing so will require delaying the circumcision until the next day[95], one may even ask a gentile to perform a Biblically forbidden act needed for the circumcision.[96]

Asking a gentile to carry the child to Shul:[97] It is disputed whether one may ask a gentile to carry the infant from his house to Shul if the area does not have an Eiruv.[98] Practically those which are lenient are to do as follows: The gentile is to take the child out from his house into the public domain. The child is then to be handed to a Jew which in turn hands it to another Jew within his 4 cubit radius and so on and so forth until the child reaches near the entrance of the Shul.[99] The gentile then takes the child and carries him into the Shul.

 

4. Bathing the infant:[100]

Today that it is no longer viewed as a medical necessity to bathe a circumcised child, it remains forbidden to do so to the child the same way as is forbidden for an adult. Hence, only minority of his limbs may be bathed in hot water, and only if the water was heated before Shabbos.[101] Nevertheless, if one sees that it is necessary to be done for medical reasons, and lack of doing so can endanger the child, then one may desecrate Shabbos for the infant just as is the law in all cases of danger.

 

5. Washing the baby with a wet cloth:

It is forbidden to soak a cloth into water in order to wash down the infant. Nevertheless, one may ask a gentile to do so.[102]

 

6. Is a Mila knife Muktzah on a Shabbos Bris?[103]

The Milah knife is Muktzah[104] and remains Muktzah even when there is a Bris on Shabbos. [105] It may therefore only be moved for the purpose of performing the Bris. After the Bris is over, the knife remains forbidden to be moved for any purpose as is the law by all Muktzah objects.

Putting down and hiding the knife:[106] Nevertheless, one is not required to immediately place down the knife after the Mila and rather it may be brought by the Mohel to a safe area for it to be kept until after Shabbos. [However, once he puts down the knife, it can no longer be moved even for hiding purposes.[107]]

Washing off the knife:[108] It is forbidden to wash [or even clean[109]] the blood off the knife even while the knife is still in the Mohel’s hand.[110]

 

Q&A

Is the foreskin Muktzah?[111]

The foreskin is considered Muktzah. Nevertheless, one may carry it to its destined place within the prepared earth.

 

7. May one perform his first Bris on Shabbos?[112]

It is forbidden for one who has never circumcised before to perform a circumcision on Shabbos[113] [even if he is the father of the child[114]]. Similarly, one who has never before performed Periah is forbidden to perform it on Shabbos. It is permitted for the father to circumcise his son on Shabbos if he has done so once in the past.[115]

 

8. Having two people do the Milah and Periah:[116]

It is disputed[117] whether one may have two people do the Milah and Periah, one person the Milah while the other the Periah, or if it all must be done by one person. [Practically the custom is to be lenient.[118] Some[119] rule that if the father of the child desires to do either the Milah or Periah and have another do the other part, then it is permitted according to all.[120]]

 

9. Earth:[121]

If the Bris falls on Shabbos, then the earth must be prepared before Shabbos.[122] [If it was not prepared before Shabbos, then it may not be moved, and in such a case one is simply not to use any earth.[123]]

 

10. Drinking the wine:[124]

If a Bris is taking place on Shabbos prior to the congregation saying Kiddush, then it is customary to give the wine to a child [who is over the age of Chinuch[125]] to drink.[126] If there is no child present, then the person who said the blessing should drink it having in mind to fulfill his obligation of Kiddush through drinking a full Revius of the wine.[127] If possible, it is best for him to drink an additional Revius, in addition to the majority of a Revius which he is to drink to fulfill his obligation of Kiddush.[128] [This, however, is only necessary if he does not plan on eating any Mezonos after drinking the wine. If he does plan on eating Mezonos after drinking the wine, then he may even initially drink from it and it is not necessary to give it to a child and to drink more than the majority of a Revius.[129]]

_____________________________________________________________________________

[1] See Pesakim Uteshuvos 266; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 502-538; Shulchan Menachem 5:114

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

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

[4] 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]

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

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

[7] 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.

[8] 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

[9] 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]

[10] 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.

[11] 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 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.

[12] 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]

[13] 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]

[14] 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]

[15] Pesakim Uteshuvos 262:16 footnotes 13138

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

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

[18] Pischeiy Teshuvah 266:8

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

[20] 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

[21] 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

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

[23] 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 8th 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 7th or 8th month as perhaps he was born on the 7th and is considered a live child. [2nd 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 8th 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]

[24] 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

[25] Minchas Yitzchak 4:123; Kinyan Torah 3:42; Chazon Ish Yoreh Deah 155 rule that today all premature babies, even in 8th 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]

[26] 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

[27] 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.

[28] 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.

[29] 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]

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

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

[32] 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]

[33] 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

[34] 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.]

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

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

[37] 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 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]

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

[39] Two foreskins, one over the other.

[40] The reason: As there is doubt as to whether an infant which was born with two foreskins is required to be circumcised on his 8th 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 8th day due to doubt it nevertheless does not override the Shabbos prohibitions due to this mere doubt. [Admur ibid]

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

[42] Known as a Mumar.

[43] Michaber Yoreh Deah 266:12

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

[45] 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]

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

[47] See Pesakim Uteshuvos 266:14

[48] 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.

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

[50] Yoreh Deah Shach 266:17

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

[52] 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.

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

[54] See Minchas Yitzchak 3:35

[55] Brought in Piskeiy Teshuvos 331:1

[56] See Pesakim Uteshuvos 262:5

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

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

[59] SSH”K 42 footnote 245

[60] Minchas Yitzchak ibid

[61] Piskeiy Teshuvos 331:5

[62] As rule Geonim

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

[64] Har Tzevi Yoreh Deah 248

[65] Har Tzevi Yoreh Deah 248

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

[67] 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 8th day.

[68] Admur 331:1; Michaber O.C. 331; Y.D. 266:2; See Pesakim Uteshuvos 266:1

[69] See Encyclopedia Talmudit Vol. 46 Erech Mila p. 512-514

The reason: As Periah is included within the Milah process. [Admur ibid]

[70] See Encyclopedia Talmudit Vol. 46 Erech Mila p. 514-515

The reason: It overrides the Shabbos prohibition [of causing wound] being that not doing so can lead to danger to the child. [Admur ibid]

[71] Admur 331:1; Michaber O.C. 331; Y.D. 266:3

[72] This refers to a dressing or pad which has ointment smeared over it which is then placed on the wound

[73] The reason: Although applying a poultice was forbidden even in a case of illness that does not involve danger, here it is allowed as giving treatment to the area is considered to be a case of danger. [Admur ibid]

[74] The reason: As the area that was circumcised can become lethally dangerous if not properly treated. [Admur ibid]

[75] The reason: As one must even mix the oil and wine ointment together before Shabbos, even though doing so on Shabbos is a Rabbinical prohibition.

[76] For example, back in the day when they would place crushed cumin and wine mixed with oil on the area, then before Shabbos one would need to crush the cumin and mix the wine with oil. [Admur ibid]

[77] Thus, is they forgot to crush the cumin before Shabbos they would be allowed on Shabbos to chew it until it is crushed. Similarly, if the wine/oil mixture was not prepared before Shabbos it would have to be placed separately, one after the other, onto the area in order to do it with an irregularity. However, one would not be allowed to mix it on Shabbos. [Admur ibid; Michaber ibid] As for the reason why it is allowed to do so with an irregularity even before the circumcision, seemingly this is because a child has a status of a Choleh Sheiyn Bo Sakana towards which all Rabbinical prohibitions may be done with an irregularity.

[78] Such as one is unable to chew the cumin and must thus grind it in its normal fashion. [Admur ibid]

[79] Admur 331:7. It may not be implied from Admur 331:1 which only mentions this Halacha with regards to grinding the cumin and not regarding mixing the oil that he holds that Rabbinical prohibitions may be done, as it is always permitted to do a Rabbinical prohibition with a Shinui for the sake of one who is bedridden, and a child has the status of one who is bedridden. Vetzaruch Iyun as prior to the Milah, the child does not need this treatment, so how can it be allowed to enter the child into this situation. In any event Admur states explicitly in 331:7 that Rabbinical prohibitions may not be done if they could have been done before Shabbos.

[80] The reason: As Mila preparations that involve Shabbos transgressions do not override the Shabbos prohibitions being that they could be done before Shabbos, and it is only the Mila itself which overrides. Now although if the treatments are not given they could jeopardize the child’s life and hence indeed override Shabbos, nevertheless this is only after the fact. However initially it is forbidden to enter the child into this state of danger, hence allowing the treatment. Thus, it is forbidden to go through with the circumcision. [Admur ibid]

[81] See Admur 331:1; Michaber O.C. 331; Y.D. 266:4

Although Admur and Michaber ibid writes this case to be referring to one who did prepare the ointment before Shabbos and after the circumcision it spilled, nevertheless obviously it is not coming to exclude a case that one transgressed and did not prepare the ointment before Shabbos, as it is a matter of life and death for the child.

[82] Admur 331:1 [Only if medicine got lost after the Mila may one do it] and 7 [or it was made and got lost] [See Admur 248:5. Vetzaruch Iyun from Admur 248:6!] Michaber O.C. 331:4; Y.D. 266:4 [Only if medicine got lost after the Mila may one do it]; Shach Y.D. 266:6; Bach 266; Rambam Mila 2:8; Rif 55; Ran Shabbos 53a in name of Razah in Hamaor Shabbos 53, and Rashba Shabbos 134b; Beis Yosef 266 in name of Rif and Rambam ibid; Levush 266:4

Other opinions: Some Poskim rule that the Mila is Docheh Shabbos for the sake of making new medicine after the Mila, as the Mila is on time and is Doche Shabbos, and once the Mila is done the Chillul Shabbos is necessary for Pikuach Nefesh. [Shach ibid in name of Ran Shabbos 53a in name of Ramban Shabbos 134; See also Admur 248:5-12 that according to some opinions one may enter a ship for the need of a Mitzvah even though he will later need to be Michalel Shabbos]

[83] Admur 331:2; Michaber O.C. 331; Y.D. 266:2; See Pesakim Uteshuvos 266:2; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 508-512

[84] Admur 331:7; Michaber O.C. 331; Y.D. 266:2; See Pesakim Uteshuvos 266:4; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 505

[85] Michaber Y.D. 266:6

[86] The reason: The reason for this is because since these acts can be performed before Shabbos there is no need for them to override Shabbos. [Admur ibid]

[87] Admur ibid; Michaber ibid; Chochmas Adam 135, brought in Pischeiy Teshuvah Y.D. 266:4 regarding sharpening

[88] Michaber Y.D. 266:6

[89] Admur 331:7; Michaber O.C. 331; Y.D. 266:3

A Chaluk is a cloth which has a hole pierced in its middle to be garbed onto the child’s Gid, which is then tightened around the Gid to prevent its skin from covering over the foreskin. Hence this hole may not be made on Shabbos. One may however tie a regular cloth around the Gid without making a hole. Likewise, one may carry it with an irregularity through a Rabbinical forbidden domain such as by wrapping it on his finger. [Admur ibid]

[90] Such as to carry the knife or the infant through a courtyard which did not have Eiruv Chatzeiros done. [Admur ibid]

[91] The reason: As the Sages upheld their decrees even when a Kareis penalty will ensue due to abiding by it. [Admur ibid]

[92] Admur 331:1 [Only if medicine got lost after the Mila may one do it] and 7 [or it was made and got lost] [See Admur 248:5. Vetzaruch Iyun from Admur 248:6!] Michaber O.C. 331:4; Y.D. 266:4 [Only if medicine got lost after the Mila may one do it]; Shach Y.D. 266:6; Bach 266; Rambam Mila 2:8; Rif 55; Ran Shabbos 53a in name of Razah in Hamaor Shabbos 53, and Rashba Shabbos 134b; Beis Yosef 266 in name of Rif and Rambam ibid; Levush 266:4

Other opinions: Some Poskim rule that the Mila is Docheh Shabbos for the sake of making new medicine after the Mila, as the Mila is on time and is Doche Shabbos, and once the Mila is done the Chillul Shabbos is necessary for Pikuach Nefesh. [Shach ibid in name of Ran Shabbos 53a in name of Ramban Shabbos 134; See also Admur 248:5-12 that according to some opinions one may enter a ship for the need of a Mitzvah even though he will later need to be Michalel Shabbos]

[93] Admur 331:7

[94] The reason: As the Sages did not decree against Shvus Deshvus in a case which involves a Mitzvah. [Admur ibid]

[95] Such as sharpening the knife, or to carry it through a public domain. [Admur ibid]

[96] A dispute of this matter is recorded in Admur. Some opinions rule it is forbidden to ever ask a gentile to perform a Biblical prohibition even in the case of a Mitzvah. [1st opinion in Admur ibid; Michaber Y.D. 266:5] Others however rule that even Biblical prohibitions may be performed through a gentile for the sake of a Mitzvah. Practically although one may not rely on this latter opinion regarding a typical Mitzvah, nevertheless regarding Mila since it itself overrides Shabbos one may rely on their words regarding the prohibited preparations. [Admur ibid]

[97] Admur 331:8; 347:7; See Pesakim Uteshuvos 266:6

[98] As on the one hand the child can be circumcised at his home, and hence bringing the child to Shul involves no Mitzvah need for which the Sages allowed asking a gentile. This would apply even if the area is merely Rabbinically forbidden to carry in such as a courtyard without Eiruv Chatzeiros. Others however allow asking a gentile to bring the child to Shul [through a merely Rabbinically forbidden area of carrying] as circumcising in Shul will gather greater attendance which thereby beautifies G-d. [Admur ibid]

[99] A Jew is not to carry the child from inside to outside or vice versa, even if another Jew will take the child from his hands before he puts the child down, as nevertheless a Rabbinical prohibition has been performed by this Jew, as he has performed Akirah or Hanacha. [Admur ibid]

[100] Admur 331:11; Michaber 331:9; See also 616:1 regarding Yom Kippur

[101] Admur ibid see Volume 2 “The Laws of Bathing”]

[102] As all Melachas which occur unintentionally are permitted to be performed by a gentile even if they are inevitably done as a result of the action the gentile was asked to do. Thus, although the Melacha of whitening is performed when soaking a cloth in water, one may nevertheless ask the gentile to enter the cloth into the water as the gentile is not being asked to whiten the cloth but rather to soak it.  [Admur ibid]

[103] Admur 331:10 “A Mila knife is Muktzah Machmas Chisaron Kis and is forbidden to be moved with exception for use of the Mila.  It may not be moved to hide [after the Mila], and not even for its space or use, and certainly not for no need at all as was written in chapter 308 [Halacha 5].” Taz Y.D. 266; Magen Avraham 331; See Pesakim Uteshuvos 266:3

Other opinions: Some Poskim rule that the knife is not Muktzah at all as something cannot be Muktzah for only part of Shabbos. [Rama Yoreh Deah 266:2; Shach Yoreh Deah 266:2; Nekudos Hakesef ibid] However, it may not be moved for no reason. [Nekudos Hakesef ibid]

[104] It is defined as Muktzah Machmas Chisron Kis

[105] This follows the ruling of the that even on a Shabbos Bris the knife is Muktzah.

The M”B 310:15 rules that in a time of need, such as there is suspicion of robbery, one may rely on this lenient opinion to hide the knife even after one already placed it down. The Sheivet Haleivi [4:135] rules likewise saying that majority of Poskim are lenient.

[106] Admur 331:10 “Nevertheless while the Mila knife is still within the Mohels hand after having circumcised with it he is permitted to carry it to any place of his wish and hide it there, as was explained there [308/13].”

[107] Admur ibid; Taz ibid

[108] Admur 331:10 “However it is forbidden to wash it even while in his hand as it is forbidden to wash vessels on Shabbos unless they serve a use for that day, as was explained in chapter 323 [Halacha 6]”

[109] Levushei Serud, brought in Pischei Teshuvah 266:3

[110] As one may only wash vessels on Shabbos if they have a Shabbos use. [323:6]

[111] See Rashal Teshuvah 40; Noda Beyehuda Tinyana Y.D. 162; Pischeiy Teshuvah Yoreh Deah 266:3; See Pesakim Uteshuvos 265:26

[112] Admur 331:13; Michaber Y.D. 266:7; See Pesakim Uteshuvos 266:7

[113] The reason: As he may come to perform it incorrectly and hence end up desecrating Shabbos for no need. [Admur ibid]

[114] So is implied from Admur. However, there are Poskim which allow a father to do so even for the first time. [See Piskeiy Teshuvos 331:9]

[115] We do not claim that if another Mohel is available the father should not do so, due to that he is fixing his child which is Tikkun Keli [Admur ibid] as in truth every Mohel is fixing the child and not just the father. [M”B 331:39]

[116] Pesakim Uteshuvos 266:16

[117] Some Poskim rule that it is forbidden to have two different people perform the Milah. [Michaber Yoreh Deah 266:14] Other Poskim, however, rule that doing so is permitted, although initially one is to be stringent. [Rama ibid based on different manuscripts he found] Many Poskim however argue on this conclusion, ruling that even initially one may have two different people perform the Milah/Periah, and so was the widespread custom in Poland. [M”B 331:36]

[118] M”B ibid

[119] Eretz Tzevi 63

[120] As the Mohel is the emissary of the father and it is hence as if only one person is doing the Milah/Periah. [Admur ibid]

[121] Michaber Y.D. 260:10; Tur 260:10; Levush 260; Shevach Habris 18 footnote 18; See Pesakim Uteshuvos 265:26

Other opinions: Some Poskim rule that even if the earth was prepared from before Shabbos it may not be used on Shabbos due to a decree that one may bring earth on Shabbos itself. Practically, however, the custom is to permit using earth that was prepared from before Shabbos. [See Shach 260:20; Bach 260]

[122] The reason: As otherwise the earth is considered Muktzah and is forbidden to be moved on Shabbos  even for the sake of a mitzvah. [Levush ibid]

[123] Levush ibid; Aruch Hashulchan 260:32

[124] See Admur 273:9; Rama 273:5; Levush 273; Perisha 273:4; Shevach Habris 18:12; SSH”K 54:23; Piskeiy Teshuvos 273:11

[125] See Admur 190:4; 621:5; M”A 559:9; Beir Heiytiv 621:11

Other opinions: Some Poskim rule that it may even initially be given to a Katan who is under the age of Chinuch. [2nd opinion in Admur 190:4]

[126] The reason: As it is forbidden for an adult to eat or drink before kiddush and hence we give it to a child.

[127] Admur ibid; Implication of Rama ibid; Even Heozer 273

The reason: One is to drink a full Revius in order to fulfill his obligation of Kiddush Bemakom Seuda according to those who hold that a single Revius of Kiddush suffices. [See Admur ibid]

[128] Admur ibid; Taz 273:4; Levush 273; Bach 273; See M”A 273:12; Elya Raba 273:8

The reason: This is done in order to fulfill his obligation of Kiddush Bemakom Seuda even according to those who hold that a single Revius of Kiddush does not suffice for this purpose. [Admur ibid]

[129] See Admur ibid; M”A 273:13; Birkeiy Yosef, brought in Shaareiy Teshuvah 273:7

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