Scheduling a delayed [non-8th day] Bris for a Thursday or Friday

* This article is an excerpt from the above Sefer

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Scheduling a delayed [non-8th day] Bris for a Thursday or Friday:[1]

*An 8th day Bris: The below discussion is only regarding scheduling a Bris that has been delayed past the 8th day for a Thursday or Friday. However, by an 8th day Bris, we always perform the Bris on the 8th day, even if it falls on Shabbos or Yom Tov, and certainly on a Thursday or Friday.

  1. Background:[2]

It is forbidden for one to delay the circumcision for even one day past the date the child is deemed medically and Halachically strong enough for it to take place. For every day that a father leaves his son uncircumcised past the eighth day, he transgresses a positive command.[3] [Accordingly, it is understood that it is absolutely forbidden to delay the scheduling of the circumcision simply due to technical issues, such as the desired hall being booked, or relatives not being able to come in that day.[4]]

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

  1. The law:

The Dispute: Some Poskim[8] rule that due to the prohibition to delay the circumcision for even one day unnecessarily without medical reason, therefore, even a delayed Bris may be scheduled for a Thursday or Friday if that is the earliest opportunity for it to be performed.[9] Other Poskim[10], however, rule that one is not to schedule a delayed Bris for a Thursday, [but it may be scheduled for a Friday, and hence if the earliest opportunity falls on a Thursday, then it is to be pushed off until Friday[11]].[12] Other Poskim[13], however, rule that per this approach which restricts one from scheduling the circumcision for Thursday, then one is also not to schedule a delayed Bris for a Friday, and hence if the earliest opportunity falls on a Thursday or onwards, then it is to be pushed off until Sunday.[14] Some Poskim[15], however, rule that the above only applies if the Bris was delayed due to health reasons of the child and not if it was delayed due to being born on  Bein Hashmashos.

Final ruling and custom: Practically, the custom of the Sephardic communities is to suspect for the opinion of the Tashbeitz and not circumcise on a Thursday or Friday when the circumcision is delayed due to illness.[16] However, by Ashkenazim, unless there is an explicit accepted custom otherwise[17], one is not to delay the circumcision at all any longer then it was already delayed, and hence one is to perform it on a Thursday or Friday if that is the earliest opportunity for it to be done.[18] This is likewise the Chabad custom.[19] Nonetheless, in the event that the child is still slightly weak and can use a few more days for his body to gain strength, then one may delay the circumcision until Sunday even though the child is already healthy enough to handle a circumcision on a Thursday or Friday.[20]

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[1] See Pesakim Uteshuvos 266:17; Otzer Habris 2:9, 6:26-27; Shevach Habris 7:7 footnote 14; Yabia Omer 5 Y.D. 23

[2] Michaber Y.D. 262:2 “after the recovery of the child he is to be immediately circumcised”; Admur 249:6 “and so too the circumcision, even if it is not on the eighth day from birth, it is not possible to push it off to another day, as it is forbidden for one to be left uncircumcised even a single day” [See also Admur 248 KU”A 1; Admur 331:4]; M”A 249:5; 568:10; Rama Y.D. 261:1; Rambam Mila 1:2; Noda Beyehuda Tinyana Y.D. 166; Chochmas Adam 149:2; Igros Kodesh 24:396; 7:143; Shevach Habris 7:4; Pesakim Uteshuvos 262:4 and Poskim in Footnotes 23-26

[3] Gilyon Maharsha 262 in name of Maharanach in Mayim Amukim 39, in name of Ravad Mila 1:2

[4] Gilyon Maharsha 262

[5] Admur 331:4

[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] Shach 266:18 in negation of the opinion of Tashbeitz; Admur 249:6 regarding Erev Shabbos; M”A 331:9; Chacham Tzevi Hosafos 14; Sheilas Yaavetz 2:95; Maaseh Rav; Chasam Sofer Y.D. 252; Gilyon Maharsha 262; Shevach Habris 7:7; Many Poskim in Otzer Habris ibid footnote 74; Many Poskim in Pesakim Uteshuvos ibid footnote 121; See Igros Kodesh 7:143

[9] The reason: As it is forbidden for one to be left uncircumcised even single day. [Admur 249:6]

[10] Tashbeitz 1:21, brought in Bedek Habayis Y.D. 262, brought in Taz 262:3 and Bach 262, brought [and negated] in Shach 266:18

[11] Bedek Habayis Y.D. 262; Shach 266:18 [and in Nekudos Hakesef] and Birkeiy Yosef 248 and Rav Akiva Eiger 262 that according to Tashbeitz it is permitted on Friday, as explicitly writes the Bedek Habayis; Bach 262

[12] The reason: According to this opinion, it is not to be scheduled for Thursday being that in such a case the third day would fall on Shabbos, which would possibly necessitate desecration of Shabbos, being that the third day of the circumcision is the most difficult on the child. [Tashbeitz ibid; Rav Akiva Eiger ibid; Birkeiy Yosef ibid] Alternatively, the reason is because on the third day the child is in the greatest pain and one should not schedule for the child to be in pain on Shabbos. [Taz ibid, brought and negated in Rav Akiva Eiger ibid and Birkeiy Yosef ibid]

[13] Shach 266:18 and Taz 262:3 in opinion of Tashbeitz ibid

[14] The reason: As some opinions rule that the second day of circumcision is the most dangerous for the child [Maggid Mishneh Shabbos 2:14 in name of Rashba and Ramban Shabbos 134b, Rashi and Rambam Pirush Hamishnayos on Mishneh Shabbos 86a; Beis Yosef 262; ] and hence if we suspect for the above matter and prevent scheduling the circumcision for a Thursday, then it is also not to be scheduled for a Friday being that in such a case the second day would fall on Shabbos, which would possibly necessitate desecration of Shabbos. [Shach ibid; Taz ibid]

[15] Pischeiy Teshuvah; Hagahos Rav Akiav Eiger; Poskim in Pesakim Uteshuvos ibid footnote 126

Other opinions: According to the reason of the Taz and Shach ibid, seemingly it is to be delayed in all cases.

[16] Kneses Hagedola 331; Birkeiy Yosef O.C. 248; Rav Poalim 4:28; Nehar Mitzrayim; Kaf Hachaim 331:31; Yabia Omer ibid;  Poskim in Otzer Habris ibid footnote 73; Poskim in Pesakim Uteshuvos ibid footnote 124

[17] Ashkenazi custom: The custom of the vast majority of Ashkenazi communities is not to suspect for the above opinion and to circumcise even on a Thursday or Friday, although there does exist a minority of Ashkenazim, especially the Chassidim from Galizia, who are stringent like the Tashbeitz. [See Poskim in Otzer Habris ibid footnote 73 and Pesakim Uteshuvos ibid footnote 122]

[18] Otzer Habris ibid; Pesakim Uteshuvos ibid and footnote 121;

[19] Rav Eliyahu Landa in correspondence; Shevach Habris ibid footnote 14 in name of Rav Eliyahu Shein, in name of Rav Zalman Shimon Dworkin; See Igros Kodesh 7:143 “Regarding a delayed Mila and the special days in which it is to take place, I have not heard regarding this, and it is proven from numerous sources that there is no special dates for this matter, and hence one should not delay without due reason”

[20] Shevach Habris ibid footnote 14 in name of Rav Eliyahu Shein, in name of Rav Zalman Shimon Dworkin

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