Doing a Bris during daytime versus nighttime

* This article is an excerpt from the above Sefer

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  1. Daytime:[1]

The circumcision may only take place during daytime hours. This applies whether the circumcision is taking place on the eighth day or on a later date for whatever reason. It may not take place at night. [This applies to both the Mila or Peria.[2] This applies even if one began the Bris during daytime, nonetheless, as soon as night arrives one must stop and continue the Bris the next morning. This applies even against fixing and cutting off leftover pieces of foreskin.[3]]

From what time in the morning: The circumcision is not to take place prior to sunrise.[4] However, Bedieved, if it takes place prior to sunrise, but after Alos Hashachar, then one fulfills his obligation [and so may even initially be done in a time of great need[5]].[6]

The best time of day-Zerizin Makdimim Lemitzvos:[7] Although the circumcision may be performed throughout any of the daytime hours of the day[8], nonetheless, Zerizin Makdimin Lemitzvos [those with alacrity precede the performance of a mitzvah to the earliest time possible], and do so at the earliest opportunity of the day, which is in the early morning, [immediately after Shacharis, although not beforehand[9]]. [At the very least, it should take place prior to midday.[10] This applies even by a Mila Shelo Bezmanah i.e. a delayed Bris, that it should nevertheless take place as early as possible in the day.[11] Nonetheless, if delaying the circumcision until later, such as the afternoon, will allow more people to attend, then it is permitted for one to choose to delay the circumcision for this purpose in light of the phrase “Berov Am Hadras Melech.”[12] However, even in such a case, he may choose to do it in the morning in order to oblige by the dictum of Zerizin Makdimin Lemitzvos, and it is not clear that it is better for him to delay it until the afternoon in order to have more people attend.[13]]

Until what time in the day:[14] The circumcision may be performed up until sunset.

After sunset but before nightfall:[15] Some Poskim[16] rule that if it is already after sunset, but prior to nightfall, then if the day is the eighth day, then the circumcision should still take place prior to nightfall.[17] Other Poskim[18], however, disagree and rule that it is better to push off the circumcision for the next day than for the circumcision to take place at a time that is questionably night.

Bedieved if circumcised at night:[19] In the event that one transgressed and performed the circumcision at night then [one does not fulfill his obligation[20] and thus] he must repeat and perform Hatafas Dam Bris during daytime. [Some Poskim[21]  rule that in truth the Hatafas Dam Bris is a mere stringency, and hence the Hatafas Dam Bris may not be done on Shabbos and a blessing may not be recited over it. However, other Poskim[22] rule that the Hatafas Dam Bris is required from the letter of the law, and hence may be done even on Shabbos and is to be performed with a blessing.[23] Practically, one is to suspect for both opinions, and hence although the Hatafas Dam Bris must be performed, nonetheless it is not to be done on Shabbos, and is not to be performed with a blessing.[24] According to all opinions, if one merely performed the Peria during nighttime, then Hatafas Dam Bris is not required.[25]]

 

May the Bris be performed if the father of the newborn, or Mohel, or Sandek has yet to Daven Shacharis?[26]

Yes. They should Daven after the Bris.

 

If one would like to make the Bris of his son in the morning and his parents want him to delay it to the afternoon so they can travel to the Bris, must one listen to his parents?

Some Poskim[27] rule that one is not required to adhere to his parents request in such a case, as it is a Mitzvah to perform the circumcision as soon as possible. However, other Poskim[28] rule that it is to be delayed in such a case to fulfill the Mitzvah of honoring one’s parents.

 
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[1] Michaber Y.D. 262:1; Shevach Habris 7:5; See Pesakim Uteshuvos 262:7; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 488-492

[2] Meiri Shabbos 133b; Machatzis Hashekel 331:4

[3] Shut Rav Akiva Eiger Kama 174; Avnei Nezer O.C. 49:5

[4] Michaber Y.D. 262:1

[5] Perisha 262:1; See Poskim in Pesakim Uteshuvos 262:1 footnote 3

[6] Rama Y.D. 262:1; Beis Yosef 261; See Pesakim Uteshuvos

[7] Michaber Y.D. 262:1; Aruch Hashulchan 260:9; Shevach Habris 7:6; See Igros Kodesh 4:154, brought in Shulchan Menachem 5:112; Pesakim Uteshuvos 262:3-4

[8] Admur 444:6

[9] See Aruch Hashulchan 260:9; Pesakim Uteshuvos 262:5 footnotes 27-29

Before versus after Aleinu: In the event that the Bris is taking place immediately after the morning prayers, then it is to be done before the prayer of Aleinu. [Shach 265 end; Maharil Hilchos Mila; Levush 265] However, practically, today this is no longer the custom and rather it is done after the Davening is complete. [Aruch Hashulchan 265 end] Hence, Aleinu Leshabeiach is recited at the end of Shacharis, as usually done, and then again after the Bris. [Bris Avos 3:16; See Os Shalom 265:39; Koreis Habris ; Shevach Habris 18 footnote 36]

If Mohel did not yet Daven: See Pesakim Uteshuvos 262:5 footnotes 30-32

Shabbos and Yom Tov: Custom is to do after Musaf. [See Pesakim Uteshuvos 262:5 footnote 33]

Rosh Hashanah: After the Torah reading, before the blowing of the Shofar, if taking place in Shul. [See Admur 584:9; Michaber 584:4; Pesakim Uteshuvos 262:5 footnotes 35-36]

Purim: After the Torah reading, before the Megillah reading, if taking place in Shul. [See M”A 687:5; Opinion in Terumas Hadeshen 266; 4; Chayeh Adam 154:6 brought in M”B 687:9; Pesakim Uteshuvos 262:5 footnote 8]

[10] Poskim in Pesakim Uteshuvos ibid footnote 12 and 19-21; Rav Groner in name of Rebbe, brought in Shevach Habris ibid footnote 12, that the Rebbe was very particular that the circumcision be scheduled for prior to midday and that even if for whatever reason it had to take place after midday, the invitation should state a time prior to midday, and that if it gets delayed then it gets delayed.

[11] Poskim in Pesakim Uteshuvos 262:4 footnote 22

[12] Igros Kodesh 4:154, brought in Shulchan Menachem 5:112; See Poskim in Pesakim Uteshuvos ibid footnote 10

Other opinions: Some Poskim rule that the aspect of Zerizin Makdimim Lemitzvos is of greater importance than Berov Am Hadras Melech, and overrides it and hence the circumcision should always take place in the morning. [Sdei Chemed Zayin Kelal 3; Pesakim Uteshuvos ibid footnote 15-17]

Opinion of Admur: See Admur 25:4 that Zerizin Makdimim overrules delayed Hiddur, although in 94:5 writes that later Hiddur overrides Zerizin Makdimim; See Likkutei Sichos 19 p. 76 in footnote 73 that both rulings are correct, as in 25:4 it discusses an external Hiddur of preceding the Tallis which is Tadir, and in 94:5 it discusses a Hiddur in the actual Mitzvah; See Poskim in Pesakim Uteshuvos ibid footnote 10

[13] See Igros Kodesh that the Rebbe offered a mere Limud Zechus, and not an actual directive

[14] Shevach Habris 7:5

[15] See Pesakim Uteshuvos 262:7 footnotes 49-50

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

[16] Sheilas Yaavetz 1:35; Pischeiy Teshuvah 262:3; Bris Avos 3:4; Shevach Habris 7:5 footnote 9; Pesakim Uteshuvos 262:7 footnote 49-50

[17] The reason: It is better for the circumcision to the place during twilight at a time which is questionably the eighth or the ninth day from birth then for it to take place the next day which is definitely past the eighth day from birth. [Poskim ibid]

[18] Minchas Kohen Mamar 2:1; Shevet Halevi 8:214; See Pesakim Uteshuvos 262:7 footnote 50

[19] Rama Y.D. 262:1; Pesakim Uteshuvos 262:8 footnotes 49-50; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 488-4492

Other opinions: Some Poskim rule that Hatafas Dam Bris is never required as it does not accomplish anything, as what was done was done. [Shaagas Aryeh 52; See Pesakim Uteshuvos 262:8 footnotes 53]

[20] Shach 262:2; Taz 262:2 even according to Rama ibid; Shaagas Aryeh 52; See Pesakim Uteshuvos 262:8 footnotes 51

[21] Taz 262:2; Bach 262; See Pesakim Uteshuvos 262:8 footnotes 51-52

[22] Shach 262:2; See Pesakim Uteshuvos 262:8 footnotes 52

[23] See Taz ibid and Shach ibid; Beir Heiytiv 262:1

[24] Bach 262; Chochmas Adam 149:2; Aruch Hashulchan 262:5; Pesakim Uteshuvos 262:8 footnotes 54

[25] Maharam Shick Y.D. 240

[26] Aruch Hashulchan 260:9

[27] Avnei Yashpei 1:186 Anaf 2

[28] Kibbud Horim 12 footnote 17 in name of Rav Elyashiv; See Vayivarech Dovid 1:68

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