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== | ==Importance of the Mitzva of Milah== | ||
# | |||
# | #The mitzva of milah is equivalent to all other mitzvot in the Torah combined.<ref>Nedarim 32a </ref> | ||
#Without the mitzva of milah, the world would not exist.<ref>Nedarim 32a </ref> | |||
#In the merit of brit milah, Hashem split the sea for the Jewish people <ref>Yalkut Shimoni Yirmiyahu 33 [321] </ref> | |||
# | #In the merit of brit milah, Aharon Hakohen entered the Kodesh Hakodashim every year.<ref>Vayikra Rabba 21:5</ref> | ||
# | |||
# If one | ==The Night Before== | ||
===Berit Yitzchak=== | |||
# | #In Sephardic communities, it is customary on the night before a Berit Mila to assemble ten men in the home, as well as Torah scholars, to read special passages from the Zohar, in order to give the baby protection.<ref>Yalkut Yosef Sova Semachot Vol. 2 pg. 5, Rav Mordechai Eliyahu's comment on Shulchan Aruch Kitzur 163:8, [http://www.dailyhalacha.com/displayRead.asp?readID=2334 Rabbi Eli Mansour]</ref> There is value to reading Zohar even if one doesn't understand it.<ref>Chaim Shaal 1:75:2, Yabia Omer 1:26:10</ref> | ||
#During this event, the mother should come to the side room and recite Birkat Ha’gomel.<ref>Yalkut Yosef Sova Semachot Vol. 2 pg. 10, [http://www.dailyhalacha.com/displayRead.asp?readID=2334 Rabbi Eli Mansour]</ref> | |||
#One does not need to eat bread at the meal for the night of the bris, and if one chooses to do so, it would not qualify as a seudat mitzva, and thus would not allow for eating meat during the nine days.<ref>Yalkut Yosef Sova Semachot Vol. 2 pg. 8</ref> | |||
#If the brit is pushed off past the 8th day, one should do the learning the night before the bris instead of on the 8th night.<ref>Yalkut Yosef Sova Semachot Vol. 2 pg. 11</ref> | |||
#If the brit is on Shabbat morning, one should do the learning on Thursday night, and if possible to gather ten people to learn on Friday night.<ref>Yalkut Yosef Sova Semachot Vol. 2 pg. 11 </ref> | |||
# | |||
==Obligation of the Mitzvah of Brit Milah== | |||
#A father is obligated to perform a Brit Milah (circumcision) on his son or to appoint a pious Mohel to do so on his behalf.<ref>Kitzur Shulchan Aruch 163:1, Yalkut Yosef Sova Semachot Vol. 2 pg. 12. | |||
*The Gemara Kiddushin 29a states that a father is obligated to perform a Brit Milah for his son. Some Rishonim assume that the entire obligation on the father is to make sure that the Milah takes place, but he doesn't need to personally perform it nor even appoint a Mohel, as long as it is taken care of. These rishonim include the Maharach Or Zaruah (responsa n. 11) and Tosfot Rid (Kiddushin 29a s.v. Otto). However, most rishonim assume that there is an obligation upon the father to actually perform the Milah, and if he doesn't know how, then he should appoint a Mohel to do it for him. These Rishonim include the Rambam (Milah 1:1), Darkei Moshe (YD 264:1), and Rosh Chullin 6:8. | |||
*The Ohr Zaruah (v. 2, Siman 107) writes that if the father knows how to do the Milah, but nonetheless asks a Mohel to do it for him, he is losing out on his mitzvah. Shach CM 382:4 agrees. The Darkei Moshe 264:1 argues that we always use the principle of agency (Shaliach Adam KeMoto, Kiddushin 41a), and that this mitzvah should be no different. The Kesot CM 382:2 defends the Ohr Zaruah saying that Brit Milah is a mitzvah that needs to be done with your body, and can't be delegated to be done by someone else.</ref> | |||
#The father of the baby should stand near the Mohel (the one who is performing the circumcision) in order to show that the Mohel is his proxy.<ref>Kitzur Shulchan Aruch 163:1</ref> | |||
==When a Brit Milah should take place== | |||
#The Brit Milah is performed on the eighth day after the baby's birth.<ref>Vayikra 12:3, Tur and Shulchan Aruch Y.D. 262:1</ref> It may not be performed before the eighth day. If it is done before the eighth day, there is a dispute if the child should have a hatafat dam brit ceremony on the eighth day.<ref>Rama Y.D. 262:1 rules that bdiavad (after the fact), a milah performed during the day before the eighth day is acceptable. However, if the Milah is performed at night before the eighth day, even if it's the eighth night, then hatafat dam brit would be required. Shach 262:2 disagrees and requires a hatafat dam brit in all cases if the Milah was performed before the eighth day. Shach notes that Hatafah in this case wouldn't be performed on Shabbat. Bear Heitiv 262:1 cites the Shach.</ref> | |||
#It is permitted for a Jewish doctor to perform a hospital circumcision for a non-religious Jew before the eighth day.<ref>[https://www.yutorah.org/lectures/lecture.cfm/931524/rabbi-aryeh-lebowitz/from-the-rabbis-desk-hospital-circumcision/ Rabbi Lebowitz] explained that according to the aforementioned Rama, the Milah would bdiavad (after the fact) acceptable in this case. Nonetheless, even according to Shach who believes it to be ineffective, that doesn't make it forbidden to do. Since it might make the child not an arel it is permitted for the doctor to do it. They should be aware that they cut the necessary amount that it would be a valid circumcision according to the halacha, the anesthesia and the clamps used today that allow for a little bleeding wouldn't invalidate the circumcision. He concluded by quoting Rav Mordechai Willig as permitting this.</ref> | |||
#The Brit Milah may be performed any time during the day, after [[HaNetz HaChama]], however, one should make an effort to fulfill the mitzvah of Brit Milah early in the morning because of "Zarizin Makdimin LeMitzvot".<ref>Pesachim 4a says that the Brit Milah may be performed any time during the day but those who have alacrity in fulfilling mitzvot will do it early. The gemara learns this concept of Zarizin Makdimin LeMitzvot from Avraham Avinu when he went to perform the Akeda early in the morning. Shulchan Aruch Y.D. 262:1 codifies this as halacha.</ref> | |||
#If one performed the Brit Milah before [[HaNetz HaChama]] after [[Olot HaShachar]] one fulfills one's obligation.<ref>[[Megillah]] 20a, Rama 262:1</ref> | |||
#If it will cause a fight among the family to perform the Brit Milah very early, one may delay it, but one should still try to make it as early as possible.<ref>Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 163:1</ref> | |||
#If there is a concern of a health risk to the baby, the Brit Milah should be delayed until the baby is healthy. Once the baby is healthy, in the case of some illnesses the Brit Milah should be performed without delay, while in other cases, the Brit Milah is only performed after 8 days after the baby became healthy.<ref>Shulchan Aruch 262:2, Kitzur Shulchan Aruch 163:4</ref> Needless to say, because of the complexity of these issues, it is incumbent for a person to consult an Orthodox Rabbi to assess the situation. For more details about a delayed Milah, see the [[#A Delayed Milah]] section. | |||
#If a baby is born during [[Bein HaShemashot]], since there is a doubt whether it was day or night, the Brit Milah is performed on the ninth day from the baby's birth.<ref>Shulchan Aruch Y.D. 162:4</ref>Because of the complexity involved in practically determining [[Bein HaShemashot]] an Orthodox Rabbi should be consulted.<ref>Kitzur Shulchan Aruch 163:6</ref> | |||
==Brachot for the Brit Milah== | |||
#The father of the baby makes the Bracha "ברוך אתה ה' אלוקינו מלך העולם אשר קידשנו במצותיו וציונו להכניסו בבריתו של אברהם אבינו" (“Baruch Atta Hashem Elokenu Melech HaOlam Asher Kiddeshanu BeMitzvotav VeTzivanu LeHachniso BeBrito Shel Avraham Avinu”) before the Milah.<ref>Shulchan Aruch YD 265:1 writes that this Bracha should be made after the cutting of the Orlah before the Periyah, however, Yalkut Yosef (Sova Semachot vol 2 pg 60) writes that the minhag is to make it before the Milah and the Birchat Hamilah altogether. Yalkut Yosef Milah p. 77 writes that the minhag of Israel, Bavel, and Eastern Sephardi countries is to recite Lhachniso before the Milah. Even though Shulchan Aruch holds like the Rosh (Shabbat 14:10, Teshuva 26:1) that it can be said afterwards, the Rambam (Rav Avraham Ben HaRambam cited by Yabia Omer OC 2:17:7) and Rif (Teshuva 293) hold it should be said beforehand.</ref> This bracha should be said while standing.<ref>Rama YD 265:1, Yalkut Yosef Milah 8:7 </ref> | |||
#The Mohel makes the Bracha "ברוך אתה ה' אלוקינו מלך העולם אשר קידשנו במצותיו וציונו על המילה" (“Baruch Atta Hashem Elokenu Melech HaOlam Asher Kiddeshanu BeMitzvotav VeTzivanu Al HaMilah”) prior to the Milah.<ref>Shulchan Aruch YD 265:1, Yalkut Yosef 8:4 </ref> The text is the same whether it is the father or the mohel reciting it.<ref>Yalkut Yosef Milah 8:3. The Rambam's view, cited by Shulchan Aruch 265:2, is that if the father is the mohel, then the phrase למול את הבן is recited. </ref> This bracha should be said while standing.<ref>Rama YD 265:1, Yalkut Yosef Milah 8:7 </ref> | |||
#According to Sephardim, a Shehechiyanu is recited at the Brit Milah.<ref>Shulchan Aruch YD 265:7, Yalkut Yosef (Sova Semachot vol 2 pg 72). This is based on the view of Rambam (Milah 3:3 and Berachot 11:9). </ref> According to Ashkenazim, a [[Shehecheyanu]] is not said at the Brit Milah<ref>Gemara Shabbat 137b enumerates the two berachot cited above, but makes no mentions of Shehechiyanu by a Brit Milah. Rambam (cited in previous footnote) reasons that since it's a Mitzvah that isn't applicable all the time, it's fit to recite a Shehechiyanu, as we find by Pidyon HaBen (which is explicit on Pesachim 121b that a Shehechiyanu is recited). | |||
Hagahot Maimonit (Milah 3:4) gives a few different justifications for the Minhag of the Ashkenazim not to say Shehechiyanu. The first is based on Ketubot 8a, which states that the phrase "She'Ha'Simcha B'Meono" is only said in the Zimmun of a Sheva Berachot and not a Milah, because there is no Simcha while the baby is in pain. Similarly, Shehechiyanu should not be recited while the baby is in pain. The challenge to this explanation, raised by Shut Rashba (1:245), is that Berachot 59b discusses a case in which one loses a family member, and then recites Dayan HaEmet for the loss, and Shehechiyanu for receiving a big inheritance. We see that Shehechiyanu can be recited, even though a person is in pain. | |||
Hagahot Maimonit cites the second explanation from Rokeach, who says that since the baby is a nefel (non-viable) until it becomes 30 days old (Shabbat 135b), we don't say Shehechiyanu. Beit Yosef (265-7) quotes R' Yerucham who argues with this reasoning, saying that we should follow the majority of babies who are viable and will survive. Beit Yosef cites a third explanation from Tosafot (Bechorot 49a s.v. l'achar) that Chazal only institued a Shehechiyanu on Pidyon HaBen which isn't so common, as opposed to Milah which comes up much more frequently. | |||
</ref>, except when a father is doing a Brit Milah for a firstborn son who is obligated in [[Pidyon HaBen]].<ref>Rama YD 265:7 </ref> Today, the Ashkenazic minhag is not to recite Shechiyanu outside of Israel.<ref>Otzar Habrit 3:15:21</ref> | |||
#After this, the Hagefen is made on wine, and then the bracha of Asher Kidesh Yedid<ref>There is a discussion in the Rishonim as to the identity of this "Yedid". Rashi (Shabbat 137b s.v. asher) thinks that it refers to Yitzchak, while Rabbenu Tam (s.v. yedid) thinks that it refers to Avraham. </ref> MeBeten is recited.<ref>Shulchan Aruch YD 265:1, Yalkut Yosef Milah 8:18 </ref> The text is אשר קידש ידיד מבטן, אל חי חלקנו צורנו צוה להציל ידידות שארנו משחת.<ref>Yalkut Yosef Milah 8:19</ref> The one who recited this bracha should taste the wine before the paragraph of "אלוקינו ואלוקי אבותינו קיים את הילד וכו'" and naming the baby.<ref>Yalkut Yosef Milah 8:20, Yabia Omer 7:23</ref> It is sufficient to taste the wine and not drink a cheekful.<ref>Yalkut Yosef Milah 8:22</ref> | |||
#When the one reciting the bracha says ואומר לך בדמייך חיי, the mohel takes a drop of wine and places it on the lips of the baby.<ref>Yalkut Yosef Milah 8:21</ref> | |||
#When reciting the bracha of אשר קידש ידיד מבטן, Ashkenazim have the Sandak stand and hold the baby (Amidah Lbrachot)<ref>Otzar Habrit 3:15:23</ref>, while Sephardim have the Sandak continue to sit.<ref>Yalkut Yosef Milah 8:26</ref> | |||
#After the bracha of אשר קידש ידיד מבטן, there is a prayer said for the welfare of the baby and the mother, and in that paragraph the baby is named.<ref>Yalkut Yosef Milah 8:27</ref> | |||
#If the Brit Milah takes place on [[Shabbat]], if the one making the [[Brachot]] didn't yet make [[Kiddush]], he should drink from the cup of wine a Melo Lugmav (cheekful) and another [[Revi'it]].<ref>Kitzur Shulchan Aruch 77:14</ref> Sephardim hold that altogether he should drink a Reviyit or a Melo Lugmav.<ref>Yalkut Yosef Milah 8:23</ref> | |||
#The father of the baby and mohel don't need to close their eyes nor cover the nakedness of the baby when reciting the brachot.<ref>Shulchan Aruch Yoreh Deah 265:8 and Yalkut Yosef Milah 8:10. Beit Yosef cites a view in the Rishonim that the baby's nakedness does need to be covered while performing the Milah. Tur quotes the Baal HaIttur who says that as long as a Katan is not fit to have Bi'ah (marital relations), then his nakedness is not halakhically considered an Ervah. </ref> However, the baby should be clean from feces before the bracha is recited.<ref>Rama 265:8</ref> | |||
==Mohel== | |||
#Sephardim hold that a woman can be a mohel.<ref>Shulchan Aruch Y.D. 264:1</ref> Ashkenazim hold that a woman shouldn't be a mohel. However, if there's no man available, then she should do the milah.<ref>Rama Y.D. 264:1 </ref> | |||
==Sandakut (holding of the baby)== | ==Sandakut (holding of the baby)== | ||
# One should appoint a pious Sandak.<ref>Kitzur | |||
# According to Ashkenazim, one shouldn't appoint the same person as a Sandak if he was already a Sandak for another one of one's sons.<ref>Kitzur | #One should appoint a pious Sandak.<ref>Kitzur Shulchan Aruch 163:1</ref> | ||
== | #The father of the baby should place the baby on the lap of the Sandak.<ref>Kitzur Shulchan Aruch 163:1</ref> | ||
# Everyone in attendance of the | #According to Ashkenazim, one shouldn't appoint the same person as a Sandak if he was already a Sandak for another one of one's sons.<ref>Kitzur Shulchan Aruch 163:1</ref> | ||
# After | |||
==The | ==Brit Milah Ceremony== | ||
# It is a proper practice to make a meal on the day of a | |||
# The practice is not to invite people to this meal because there is an issue for someone who was invited to a meal of | #When the baby is brought in, those in attendance should say Baruch Haba Beshem Hashem out loud. The father of the baby says the pasuk אשרי תבחר ותקרב ישכון חצריך and those standing there answer נשבעה בטוב ביתך קדוש היכלך.<ref>Yalkut Yosef Milah 8:1</ref> | ||
# | #Everyone in attendance of the Brit Milah should stand except for the Sandak who is holding the baby.<ref>Rama Y.D. 265:1 cites the Maharam who made n allusion to the concept of standing for a Brit Milah from ויעמד העם בברית (Melachim 2:23:3). This is codified by the Kitzur Shulchan Aruch 163:2 and Yalkut Yosef Milah 8:2.</ref> | ||
#After the Bracha of LeHachniso, those in attendance should answer [[Amen]] and add "כשם שנכנס לברית כן תכניסהו לתורה ולחופה למצוות ולמעשים טובים" - "Keshem SheNichnas LaBrit Ken Yikanes LeTorah ULeChpah ULeMaasim Tovim".<ref>Kitzur Shulchan Aruch 163:2, Otzar Habrit 3:15:20</ref> Sephardim have the practice to say "כשם שהכנסתו לברית כן תכניסהו לתורה ולחופה למצוות ולמעשים טובים" unless the father isn't there in which case they say "כשם שנכנס לברית כן תכניסהו לתורה ולחופה למצוות ולמעשים טובים".<ref>Yalkut Yosef Milah 8:5</ref> | |||
#The mohel places the baby on the Kiseh of Eliyahu and says זה כסא של אליהו הנביא מלאך הברית.<ref>Yalkut Yosef Milah 8:8</ref> | |||
#Some have the practice to have candles lit in honor of the Brit Milah.<ref>Yalkut Yosef Milah 8:9</ref> | |||
#The minhag is to bury the orlah skin in dirt. Some say ונחש עפר לחמו when doing so.<ref>Yalkut Yosef Milah 8:14</ref> | |||
#Immediately after the brachot of the father the Sephardic minhag is to recite the 13 middot of Rachamim.<ref>Yalkut Yosef Milah 8:17</ref> | |||
#At the end of the milah the Sephardic minhag of Yerushalayim is to recite שיר המעלות אשרי כל ירא ה' and Kaddish Yemey Shelemah.<ref>Yalkut Yosef Milah 8:27</ref> | |||
===Tallit and Tefillin for Brit Milah=== | |||
#The Ashkenazic minhag is for everyone involved and observing the milah to keep on Tefillin for the Brit Milah since the Brit Milah is a sign between us and Hashem and so is the Tefillin.<ref>Mishna Brurah 25:55, Piskei Teshuvot 25:29. Avnei Yishfeh 7:7:8 explains that unlike Shabbat or Yom Tov which are a day that is a sign between us and Hashem, brit milah is a temporary mitzvah and doesn't not require removing tefillin. Siach Tzadikim (Brit Milah p. 145) quotes the practice of the Satmer Rebbe to remove his tefillin for milah because the brit milah is a sign like Shabbat and tefillin is also a sign.</ref> Sephardim, however, have the practice not to keep on Tefillin, yet those who do have the practice to leave on Tefillin have what to rely upon.<ref>Yalkut Yosef (Sova Semachot 2:7:2)</ref> | |||
#If the milah is on a Rosh Chodesh and the congregation already took off their tefillin many hold that they should not put it back on for the Brit Milah. The Ashkenazic minhag is that the father of the baby, the Mohel, and Sandak put back on their tefillin,<ref>Piskei Teshuvot 25:29</ref> while Sephardim have the practice not to put them back on.<ref>Yalkut Yosef (Sova Semachot 2:7:2)</ref> | |||
#The minhag is for sandak and father of the baby to wear a tallit during the brit milah.<ref>Yalkut Yosef (Sova Semachot 2:7:2)</ref> | |||
===Minyan for Brit=== | |||
#When possible a Brit Milah should be done in the presence of a [[minyan]]<ref>Pirkei Drabbi Eliezer ch. 19, Maharil (Milah n. 2), Tur 265:6 citing Rav Sar Shalom, Piskei Maharach Or Zaruah (Milah n. 36), Shulchan Aruch Y.D. 265:6. Pirkei Drabbi Eliezer ch. 19 postulates that Hashem always made public testimonies in the presence of ten people. It then applies this dictum to Brit Milah, Chalitza, and Sheva Brachot for a wedding.</ref> in order to publicize the fact that a crucial mitzvah is being performed to bring the child into the covenant of Avraham Avinu. Additionally, it is a opportune moment to thank Hashem in public for the healthy birth of a baby boy.<ref>[http://www.chabad.org.il/Magazines/Article.asp?ArticleID=9093&CategoryID=1683 chabad.org.il]. See Otzar Habrit p. 183 and 238</ref> | |||
#Some say that one should not delay a brit milah in order to get a minyan for the milah, while others allow delaying.<ref>Mishna Halachot 19:196 responded to Az Nidbaru 14:46 who held that it is better to do the milah immediately and not wait for a minyan in order to fulfill zerizut. Mishna Halachot argues that it is better to wait for the minyan even if it means waiting until after chatzot. Obviously though he doesn't allow delaying the brit milah for no reason.</ref> | |||
#One should not delay a brit milah in order to get a minyan for the seuda.<ref>[https://www.hebrewbooks.org/pdfpager.aspx?req=1495&pgnum=263 Maharam Shik YD 386] writes that to perform a mitzvah in a more enhanced manner it is permitted to delay it as we see by Birkat Halevana. However, having a minyan for the brit milah isn't a sufficient reason to delay the milah.</ref> | |||
#A person doesn't have to mevatel Torah to participate in a brit milah unless there wouldn't be a minyan without him.<ref>Lhorot Natan YD 15:65</ref> | |||
==The Meal of the Brit Milah== | |||
#It is a proper practice to make a meal on the day of a Brit Milah and it is considered a Seudat Mitzvah. <ref>Pirkei DRabbi Eliezer ch. 29, Shulchan Aruch YD 265:12, Kitzur Shulchan Aruch 163:8. See Gemara [[Shabbat]] 130a</ref> | |||
#The practice is not to invite people to this meal because there is an issue for someone who was invited to a meal of Brit Milah and didn't attend.<ref>Rav Mordechai Eliyahu's comment on Shulchan Aruch Kitzur 163:8, Bayit HaYehudah vol. 10 pg. 182, see also [http://www.yutorah.org/lectures/lecture.cfm/750891/Rabbi_Aryeh_Lebowitz/Ten_Minute_Halacha_-_Inviting_People_to_a_Bris Rabbi Aryeh Lebowitz] </ref> | |||
===Meat or Dairy=== | |||
#Ideally the meal should have meat but one fulfills the minhag even with chicken or fish.<ref>Magen Avraham 249:6 citing the Maharshal requires meat for a brit milah meal. Yalkut Yosef Sova Semachot 2:11:3 based on Taamei Haminhagim writes that the meal should have meat initially but if that's not possible it could have chicken or fish. Rabbenu Bechay Beresheet 21:8 writes that the minhag to have a seuda after a Brit Milah is based on the party Avraham made for Yitzchak and the midrash writes that the party was for fact he was able to give Yitzchak a Milah. </ref> | |||
#Those who are lenient to have dairy for the milah meal should at least serve wine.<ref>[http://www.torahweb.org/torah/docs/rsch/RavSchachter-Corona-56-January-31-2021.pdf Rav Schachter (Corona teshuva #56)]</ref> | |||
===Bread=== | |||
#The meal should be a bread meal.<ref>Yalkut Yosef Sova Semachot 2:11:3</ref> | |||
===Minyan=== | |||
#The minhag is to have a minyan for the seudah of a brit milah.<ref>Rama Y.D. 265:12, Yalkut Yosef Sova Semachot 2:11:2</ref> If one didn't have a minyan the seudah is still valid.<ref>Otzar Habrit 3:17:4 p. 239 writes that even if there wasn’t a minyan present at the seudat brit milah the seuda is still a seuda and the minyan isn’t the halacha but a minhag. Bechorat Habrit 265:66 says ten is enough but it isn't critical. See also Maharam Shik YD 386.</ref> | |||
#If one would otherwise learn Torah one does not need to [[Bitul Torah|mevatel Torah]] in order to go to a seuda of a Brit Milah unless there wouldn't be a [[minyan]] at the seuda.<ref>Lhorot Natan YD 15:65 and Yabia Omer YD 4:19. Yabia Omer cites Maharshag 2:125 who explains that it is more important to learn Torah than to go to a seudat mitzvah and he quotes that the Maharam Shik told him this as good advice. He qualifies it that if there's a chance that there wouldn't be a minyan without him it is better to go to the seuda than to learn. Yabia Omer asks why indeed should he mevatel Torah in order to make the minyan if that is a mitzvah that isn't critical to have a minyan for the seuda. He answers that since having a minyan is an enhancement of the mitzvah (Rama Y.D. 265:12) we would mevatel Torah to make sure that happens and it is considered as a mitzvah that couldn't be done without you (Moed Katan 9b and Meiri there). Dibrot Eliyahu 8:62 cites and agrees with Yabia Omer. Lhorot Natan YD 15:65 comes to the same conclusion on his own.</ref> | |||
#A brit milah which falls out on Sukkot must have the seuda of a Brit Milah in the Sukkah. If the Sukkah isn't big enough for everyone to enter, they should have a minyan have the seuda in the Sukkah and not eat outside the Sukkah. If they can't even fit a minyan, some say that they can eat outside the Sukkah with a minyan and others argue that they should have a seuda with fewer people in the Sukkah even without a minyan rather than eat outside the Sukkah.<ref>Maharik 179 cited by Rama O.C. 640:6 holds that the seuda of brit milah needs to be in the sukkah. The Biur Halacha 640:6 s.v. vseudat explains that if the Sukkah isn't big enough for everyone they should just have a minyan eat the seuda. If they can't even fit that, he quotes the Magen Avraham 640:13 who says that they can eat the seuda outside the Sukkah, while the Gra holds that you should have a sueda without a minyan rather than eat outside the Sukkah. Biur Halacha seems to favor the Gra in citing the Pri Megadim and Bikurei Yaakov to support that contention. Aruch Hashulchan 640:15 is very lenient to have the seuda outside the Sukkah if they don't fit.</ref> | |||
==A Delayed Milah== | ==A Delayed Milah== | ||
# A delayed Milah may not take place on Shabbat or [[Yom Tov]].<ref>Kitzur | |||
# According to Ashkenazim, one may perform a delayed | #A delayed Milah may not take place on [[Shabbat]] or [[Yom Tov]].<ref>Kitzur Shulchan Aruch 163:4</ref> | ||
* The Gemara [[Shabbat]] 19a quotes the Briatta which states that one may not board a boat in order to travel on [[Shabbat]] unless one got on before 3 days before [[Shabbat]] (whether or not this includes Wednesday, see Mishna Brurah 248:4). | #According to Ashkenazim, one may perform a delayed Brit Milah on Thursday or Friday even if it will cause a situation of Pikuach Nefesh, however, Sephardim hold that one should not perform a delayed Brit Milah on Thursday or Friday. <ref>*The Gemara [[Shabbat]] 19a quotes the Briatta which states that one may not board a boat in order to travel on [[Shabbat]] unless one got on before 3 days before [[Shabbat]] (whether or not this includes Wednesday, see Mishna Brurah 248:4). | ||
* The Rif ([[Shabbat]] 7a-b) explains that the reason for this restriction is that if one boards a boat within 3 days of [[Shabbat]] it will negatively impact the passenger’s oneg [[Shabbat]] (enjoyment of [[Shabbat]]), however, if it’s started earlier the passengers will get used to it and be able to enjoy [[Shabbat]]. The Rosh ([[Shabbat]] 1:38) and Rambam ([[Shabbat]] 30:13) agree with this reason. | *The Rif ([[Shabbat]] 7a-b) explains that the reason for this restriction is that if one boards a boat within 3 days of [[Shabbat]] it will negatively impact the passenger’s oneg [[Shabbat]] (enjoyment of [[Shabbat]]), however, if it’s started earlier the passengers will get used to it and be able to enjoy [[Shabbat]]. The Rosh ([[Shabbat]] 1:38) and Rambam ([[Shabbat]] 30:13) agree with this reason. | ||
* However, the Baal HaMoer (on Rif) explains that the reason that one may not board a boat close to [[Shabbat]] is because it’s likely that there will be life threatening danger which will necessitate a violation of [[Shabbat]]. However, when it is begun earlier there’s no issue because the obligation to prepare not to violate [[Shabbat]] even for life threatening danger doesn’t begin (explained by Mishna Brurah 248:8). | *However, the Baal HaMoer (on Rif) explains that the reason that one may not board a boat close to [[Shabbat]] is because it’s likely that there will be life threatening danger which will necessitate a violation of [[Shabbat]]. However, when it is begun earlier there’s no issue because the obligation to prepare not to violate [[Shabbat]] even for life threatening danger doesn’t begin (explained by Mishna Brurah 248:8). | ||
* The Rashbatz 1:21 originates based on the Baal HaMoer’s concept that a convert shouldn’t schedule his | *The Rashbatz 1:21 originates based on the Baal HaMoer’s concept that a convert shouldn’t schedule his Brit Milah on Thursday because it will lead to a violation of [[Shabbat]] (if he doesn’t recover fully) and the same would be true of a baby who had his Brit Milah delayed. This is codified by the Tur and S”A YD 268. [Interestingly, the Taz explains that even if there’s no concern of a violation of [[Shabbat]] there’s an issue of ruining oneg [[Shabbat]] and so it would be forbidden to do the delayed Brit Milah on Thursday or Friday.] | ||
* However, the Shach YD 266:18 argues on the Rashbetz that the Baal HaMoer would permit just like it’s permitted to board a boat on Friday for the purpose of a mitzvah (S”A OC 248:1) and | *However, the Shach YD 266:18 argues on the Rashbetz that the Baal HaMoer would permit just like it’s permitted to board a boat on Friday for the purpose of a mitzvah (S”A OC 248:1) and Brit Milah is a tremendous mitzvah. The Magen Avraham 331:9, Mishna Brurah 331:33, and Sh”t HaRanach 38 (quoted by Tzitz Eliezer 12:43) agree with the Shach. | ||
* The Chida in Birkei Yosef 248 quotes several achronim who defended the Rashbetz by saying that it was only permitted to board a boat on Friday for a mitzvah if one stipulated with the group that they wouldn’t continue to travel on [[Shabbat]] (S”A 248:1) and since there’s no way to make such a stipulation regarding Milah it’s forbidden to do it within 3 days of [[Shabbat]] like the Baal HaMoer. | *The Chida in Birkei Yosef 248 quotes several achronim who defended the Rashbetz by saying that it was only permitted to board a boat on Friday for a mitzvah if one stipulated with the group that they wouldn’t continue to travel on [[Shabbat]] (S”A 248:1) and since there’s no way to make such a stipulation regarding Milah it’s forbidden to do it within 3 days of [[Shabbat]] like the Baal HaMoer. | ||
* Sh”t | *Sh”t Yabia Omer YD 5:23, Menuchat Ahava (vol 1, 1:6), and Rav Mordechai Eliyahu (comments to Kitzur Shulchan Aruch 163:4) accept the Chida as halacha. | ||
* However, the Sh”t Tzitz Eliezer 12:43 rejects the Chida because he points out that the Tashbetz himself wasn’t sure whether to hold like Rebbe that one must stipulate or Rabben Shimon and one wouldn’t have to stipulate and only as a stringency did the Tashbetz hold like Rebbe. The Tzitz Eliezer concludes that it’s illogical that the Tashbetz would have postponed the Milah from Thursday just because of a stringency of holding like Rebbe. [See further in the Birkei Yosef who gives a second defense of the Rashbetz and Tzitz Eliezer who rejects it as well.] </ref> | *However, the Sh”t Tzitz Eliezer 12:43 rejects the Chida because he points out that the Tashbetz himself wasn’t sure whether to hold like Rebbe that one must stipulate or Rabben Shimon and one wouldn’t have to stipulate and only as a stringency did the Tashbetz hold like Rebbe. The Tzitz Eliezer concludes that it’s illogical that the Tashbetz would have postponed the Milah from Thursday just because of a stringency of holding like Rebbe. [See further in the Birkei Yosef who gives a second defense of the Rashbetz and Tzitz Eliezer who rejects it as well.]</ref> | ||
# Everyone agrees that if a baby boy is born during the [[ | #Everyone agrees that if a baby boy is born during the [[Bein HaShemashot]] (halachic twilight) on Wednesday can have the Brit Milah on Thursday next week. <ref>Menuchat Ahava (vol 1, 1:7) and Sh”t Yabia Omer YD 5:23(4) explain that since the Brit Milah’s original time was set for Thursday because of a doubt it’s not considered like it was delayed specifically for that time. </ref> | ||
==Milah On Shabbat== | |||
#Sephardim hold that when there is a milah on Shabbat they shouldn’t have one mohel do the milah and another do the priyah.<ref>Shulchan Aruch YD 267:12.</ref> There is a dispute if it is true for Yom Tov as well.<ref>Otzer Brit v. 2 p. 379 writes Yam Shel Shlomo Yevamot 8:3 is machmir even on Yom Tov but we don't follow it (Petach Habayit). Or Yisrael p. 308 n. 42 writes it is asur even on yom tov. Yalkut Yosef Shabbat v. 4 p. 326 331:14 we hold that you shouldn't have two mohalim. It is clear from the footnote that it applies also to yom tov.</ref> | |||
#A father can do a brit on Shabbat even if he could have someone else do it.<ref>Shulchan Aruch OC 338</ref> | |||
#Regarding putting away the milah knife after the milah see [[General_laws_of_Muktzeh#Muktzeh_that.E2.80.99s_in_already_in_one.E2.80.99s_hands]]. | |||
#If the mohel knows that by doing the milah on Shabbat the relatives will come to violate Shabbat to get there or the like, many poskim hold that they should push it off to Sunday.<ref>Shevet Halevi 1:205:331, 4:135:1, Orot Hahalacha p. 1164. Minchat Yitzchak 3:35:3-6 also seems to agree with this as he writes that it is lifnei iver for the mohel to do the milah on Shabbat if he knows that the family will drive there on Shabbat. However, since the mohel knew that if he didn't do it, another non-religious mohel would it is only mesaya. With some other factors he's lenient because of that consideration.</ref> Others hold that they should nonetheless do the milah on Shabbat.<ref>Tzitz Eliezer 6:3</ref> | |||
#A mohel who is asked to do a milah on Shabbat and he is worried about going and seeing violations of Shabbat, he should nonetheless go and do the milah.<ref>Igrot Moshe YD 1:156. He explains that seeing chilul Shabbat is certainly a negative thing, however, that consideration is not a reason to delay a milah.</ref> | |||
==Procedure of Milah== | |||
#There are two parts to every Milah, the milah and the priyah. Milah entails cutting the Orlah skin which covers the Atarah and priyah entails peeling back the thin membrane beneath that skin until the Atarah is uncovered.<ref>The Mishna (Shabbat 133a) outlines the 3 stages of milah including milah, priyah, and metsisah. For a discussion of metsisah see further. Rashi s.v. mohalin refers to cutting the orlah skin. Rambam (Milah 2:2) elaborates that the orlah skin is the skin that covers the Atarah. Rashi s.v. veporin writes that priyah is peeling back the membrane covering the tip of the gid. Rambam (Milah 2:2) elaborates the priyah is the membrane underneath the orlah skin. </ref> | |||
#The last stage of milah is metsisah. There is a great controversy whether this is considered a ritual part of the milah procedure or simply a medical practice of the days of the gemara and wouldn't be necessary today.<ref>The Mishna (Shabbat 133a) writes that metsisah is the last stage of milah. The gemara (133b) comments that the reason that is practiced on Shabbat is because if it isn't done there is a critical danger to the baby's life. The Rambam (Milah 2:2) echoes this and says that metsisah is for medical reasons. The Tiferet Yisrael (Boaz Shabbat 19:1) writes that the entire purpose of metsisah is medical and if nowadays it causes a medical danger it doesn't need to be done. See also the Maharam Shik (OC 152) takes the position that there is no danger with metsisah. However, the [http://hebrewbooks.org/pdfpager.aspx?req=1095&pgnum=264 Mishkenot Yacov (YD 63)] writes that drawing blood (hatafat dam) is an integral part of the ritual milah. He proves this from the Zohar and Rashi (Shabbat 134a s.v. lekarchei).</ref> There is a further discussion if metsisah should be done with one's mouth or a utensil.<ref>Har Tzvi (YD 214) writes that since there are dangers with doing metsisah with one's mouth, one may do it with a utensil.</ref> Because of the danger involved, many poskim hold that one should not and may not do metsisah with one's mouth.<ref>Rav Hershel Schachter in a shiur on [http://www.yutorah.org/lectures/lecture.cfm/798611/Rabbi_Hershel_Schachter/Hilchos_Shabbos_3_-_Choleh_BeShabbos_&_Kiddush# yutorah.org ("Hilchos Shabbos 3" min 27-30)] said that there is a real danger to the life of the baby with doing metsisah with one's mouth and it is foolish to continue doing it today. A number of poskim are quoted in an article by David Shabtai and Raymond Sultan entitled Medical Risk Taking in Halacha in 'Journal of Halacha and Contemporary Society, 2006. See also the Binyan Tzion 23 who writes that a mohel who does metsisah must be certain that he is not infected with herpes and cause the baby to become infected. Yalkut Yosef Sova Semachot v. 2 ch. 6 fnt. 1 writes that one may use metzitza bkli such as with a tube if there's a concern of danger, otherwise it is done with one's mouth as the Sdei Chemed (Kuntres Metzitza) writes. | |||
*With respect to the general question of relying on doctors to ascertain that there's no danger see Rav Kook's teshuva about metzitza in Daat Kohen YD 140 who argues that we can never rely on doctors to make such a claim. Yabia Omer OC 7:53 likes this idea.</ref> | |||
#It is permitted to wear gloves for brit milah.<ref>[https://www.torahmusings.com/2013/09/must-a-mohel-wear-gloves/ Rabbi Aryeh Lebowitz on torahmusings.com] citing Rav Schachter and Rav Zilberstein Pesachim 57</ref> | |||
#It is the minhag for the mohel to dip his finger in the wine to feed it to the baby while the pasuk of "בדמייך חיי" is recited.<ref>Magen Avraham 269:1 records the minhag to give some of the wine to the baby at the brit milah. Yalkut Yosef (Sova Semachot 2:8:21) writes that the minhag is that the mohel dips his finger in the wine and gives a drop of the wine to the baby during the recitation of בדמייך חיי.</ref> | |||
==Related Pages== | |||
#[[Shalom Zachor]] | |||
#[[Pidyon HaBen]] | |||
==Links== | |||
*[https://www.yutorah.org/lectures/lecture.cfm/802797/rabbi-hershel-schachter/inyonei-milah/ Inyonei Milah] by Rabbi Hershel Schachter | |||
*[https://www.yutorah.org/lectures/lecture.cfm/739319/rabbi-zvi-sobolofsky/hilchos-milah/ Hilchos Milah] by Rabbi Zvi Sobolofsky | |||
==Sources== | ==Sources== | ||
<references/> | <references /> | ||
[[Category:Lifecycles]] |
Latest revision as of 20:02, 19 August 2024
Importance of the Mitzva of Milah
- The mitzva of milah is equivalent to all other mitzvot in the Torah combined.[1]
- Without the mitzva of milah, the world would not exist.[2]
- In the merit of brit milah, Hashem split the sea for the Jewish people [3]
- In the merit of brit milah, Aharon Hakohen entered the Kodesh Hakodashim every year.[4]
The Night Before
Berit Yitzchak
- In Sephardic communities, it is customary on the night before a Berit Mila to assemble ten men in the home, as well as Torah scholars, to read special passages from the Zohar, in order to give the baby protection.[5] There is value to reading Zohar even if one doesn't understand it.[6]
- During this event, the mother should come to the side room and recite Birkat Ha’gomel.[7]
- One does not need to eat bread at the meal for the night of the bris, and if one chooses to do so, it would not qualify as a seudat mitzva, and thus would not allow for eating meat during the nine days.[8]
- If the brit is pushed off past the 8th day, one should do the learning the night before the bris instead of on the 8th night.[9]
- If the brit is on Shabbat morning, one should do the learning on Thursday night, and if possible to gather ten people to learn on Friday night.[10]
Obligation of the Mitzvah of Brit Milah
- A father is obligated to perform a Brit Milah (circumcision) on his son or to appoint a pious Mohel to do so on his behalf.[11]
- The father of the baby should stand near the Mohel (the one who is performing the circumcision) in order to show that the Mohel is his proxy.[12]
When a Brit Milah should take place
- The Brit Milah is performed on the eighth day after the baby's birth.[13] It may not be performed before the eighth day. If it is done before the eighth day, there is a dispute if the child should have a hatafat dam brit ceremony on the eighth day.[14]
- It is permitted for a Jewish doctor to perform a hospital circumcision for a non-religious Jew before the eighth day.[15]
- The Brit Milah may be performed any time during the day, after HaNetz HaChama, however, one should make an effort to fulfill the mitzvah of Brit Milah early in the morning because of "Zarizin Makdimin LeMitzvot".[16]
- If one performed the Brit Milah before HaNetz HaChama after Olot HaShachar one fulfills one's obligation.[17]
- If it will cause a fight among the family to perform the Brit Milah very early, one may delay it, but one should still try to make it as early as possible.[18]
- If there is a concern of a health risk to the baby, the Brit Milah should be delayed until the baby is healthy. Once the baby is healthy, in the case of some illnesses the Brit Milah should be performed without delay, while in other cases, the Brit Milah is only performed after 8 days after the baby became healthy.[19] Needless to say, because of the complexity of these issues, it is incumbent for a person to consult an Orthodox Rabbi to assess the situation. For more details about a delayed Milah, see the #A Delayed Milah section.
- If a baby is born during Bein HaShemashot, since there is a doubt whether it was day or night, the Brit Milah is performed on the ninth day from the baby's birth.[20]Because of the complexity involved in practically determining Bein HaShemashot an Orthodox Rabbi should be consulted.[21]
Brachot for the Brit Milah
- The father of the baby makes the Bracha "ברוך אתה ה' אלוקינו מלך העולם אשר קידשנו במצותיו וציונו להכניסו בבריתו של אברהם אבינו" (“Baruch Atta Hashem Elokenu Melech HaOlam Asher Kiddeshanu BeMitzvotav VeTzivanu LeHachniso BeBrito Shel Avraham Avinu”) before the Milah.[22] This bracha should be said while standing.[23]
- The Mohel makes the Bracha "ברוך אתה ה' אלוקינו מלך העולם אשר קידשנו במצותיו וציונו על המילה" (“Baruch Atta Hashem Elokenu Melech HaOlam Asher Kiddeshanu BeMitzvotav VeTzivanu Al HaMilah”) prior to the Milah.[24] The text is the same whether it is the father or the mohel reciting it.[25] This bracha should be said while standing.[26]
- According to Sephardim, a Shehechiyanu is recited at the Brit Milah.[27] According to Ashkenazim, a Shehecheyanu is not said at the Brit Milah[28], except when a father is doing a Brit Milah for a firstborn son who is obligated in Pidyon HaBen.[29] Today, the Ashkenazic minhag is not to recite Shechiyanu outside of Israel.[30]
- After this, the Hagefen is made on wine, and then the bracha of Asher Kidesh Yedid[31] MeBeten is recited.[32] The text is אשר קידש ידיד מבטן, אל חי חלקנו צורנו צוה להציל ידידות שארנו משחת.[33] The one who recited this bracha should taste the wine before the paragraph of "אלוקינו ואלוקי אבותינו קיים את הילד וכו'" and naming the baby.[34] It is sufficient to taste the wine and not drink a cheekful.[35]
- When the one reciting the bracha says ואומר לך בדמייך חיי, the mohel takes a drop of wine and places it on the lips of the baby.[36]
- When reciting the bracha of אשר קידש ידיד מבטן, Ashkenazim have the Sandak stand and hold the baby (Amidah Lbrachot)[37], while Sephardim have the Sandak continue to sit.[38]
- After the bracha of אשר קידש ידיד מבטן, there is a prayer said for the welfare of the baby and the mother, and in that paragraph the baby is named.[39]
- If the Brit Milah takes place on Shabbat, if the one making the Brachot didn't yet make Kiddush, he should drink from the cup of wine a Melo Lugmav (cheekful) and another Revi'it.[40] Sephardim hold that altogether he should drink a Reviyit or a Melo Lugmav.[41]
- The father of the baby and mohel don't need to close their eyes nor cover the nakedness of the baby when reciting the brachot.[42] However, the baby should be clean from feces before the bracha is recited.[43]
Mohel
- Sephardim hold that a woman can be a mohel.[44] Ashkenazim hold that a woman shouldn't be a mohel. However, if there's no man available, then she should do the milah.[45]
Sandakut (holding of the baby)
- One should appoint a pious Sandak.[46]
- The father of the baby should place the baby on the lap of the Sandak.[47]
- According to Ashkenazim, one shouldn't appoint the same person as a Sandak if he was already a Sandak for another one of one's sons.[48]
Brit Milah Ceremony
- When the baby is brought in, those in attendance should say Baruch Haba Beshem Hashem out loud. The father of the baby says the pasuk אשרי תבחר ותקרב ישכון חצריך and those standing there answer נשבעה בטוב ביתך קדוש היכלך.[49]
- Everyone in attendance of the Brit Milah should stand except for the Sandak who is holding the baby.[50]
- After the Bracha of LeHachniso, those in attendance should answer Amen and add "כשם שנכנס לברית כן תכניסהו לתורה ולחופה למצוות ולמעשים טובים" - "Keshem SheNichnas LaBrit Ken Yikanes LeTorah ULeChpah ULeMaasim Tovim".[51] Sephardim have the practice to say "כשם שהכנסתו לברית כן תכניסהו לתורה ולחופה למצוות ולמעשים טובים" unless the father isn't there in which case they say "כשם שנכנס לברית כן תכניסהו לתורה ולחופה למצוות ולמעשים טובים".[52]
- The mohel places the baby on the Kiseh of Eliyahu and says זה כסא של אליהו הנביא מלאך הברית.[53]
- Some have the practice to have candles lit in honor of the Brit Milah.[54]
- The minhag is to bury the orlah skin in dirt. Some say ונחש עפר לחמו when doing so.[55]
- Immediately after the brachot of the father the Sephardic minhag is to recite the 13 middot of Rachamim.[56]
- At the end of the milah the Sephardic minhag of Yerushalayim is to recite שיר המעלות אשרי כל ירא ה' and Kaddish Yemey Shelemah.[57]
Tallit and Tefillin for Brit Milah
- The Ashkenazic minhag is for everyone involved and observing the milah to keep on Tefillin for the Brit Milah since the Brit Milah is a sign between us and Hashem and so is the Tefillin.[58] Sephardim, however, have the practice not to keep on Tefillin, yet those who do have the practice to leave on Tefillin have what to rely upon.[59]
- If the milah is on a Rosh Chodesh and the congregation already took off their tefillin many hold that they should not put it back on for the Brit Milah. The Ashkenazic minhag is that the father of the baby, the Mohel, and Sandak put back on their tefillin,[60] while Sephardim have the practice not to put them back on.[61]
- The minhag is for sandak and father of the baby to wear a tallit during the brit milah.[62]
Minyan for Brit
- When possible a Brit Milah should be done in the presence of a minyan[63] in order to publicize the fact that a crucial mitzvah is being performed to bring the child into the covenant of Avraham Avinu. Additionally, it is a opportune moment to thank Hashem in public for the healthy birth of a baby boy.[64]
- Some say that one should not delay a brit milah in order to get a minyan for the milah, while others allow delaying.[65]
- One should not delay a brit milah in order to get a minyan for the seuda.[66]
- A person doesn't have to mevatel Torah to participate in a brit milah unless there wouldn't be a minyan without him.[67]
The Meal of the Brit Milah
- It is a proper practice to make a meal on the day of a Brit Milah and it is considered a Seudat Mitzvah. [68]
- The practice is not to invite people to this meal because there is an issue for someone who was invited to a meal of Brit Milah and didn't attend.[69]
Meat or Dairy
- Ideally the meal should have meat but one fulfills the minhag even with chicken or fish.[70]
- Those who are lenient to have dairy for the milah meal should at least serve wine.[71]
Bread
- The meal should be a bread meal.[72]
Minyan
- The minhag is to have a minyan for the seudah of a brit milah.[73] If one didn't have a minyan the seudah is still valid.[74]
- If one would otherwise learn Torah one does not need to mevatel Torah in order to go to a seuda of a Brit Milah unless there wouldn't be a minyan at the seuda.[75]
- A brit milah which falls out on Sukkot must have the seuda of a Brit Milah in the Sukkah. If the Sukkah isn't big enough for everyone to enter, they should have a minyan have the seuda in the Sukkah and not eat outside the Sukkah. If they can't even fit a minyan, some say that they can eat outside the Sukkah with a minyan and others argue that they should have a seuda with fewer people in the Sukkah even without a minyan rather than eat outside the Sukkah.[76]
A Delayed Milah
- A delayed Milah may not take place on Shabbat or Yom Tov.[77]
- According to Ashkenazim, one may perform a delayed Brit Milah on Thursday or Friday even if it will cause a situation of Pikuach Nefesh, however, Sephardim hold that one should not perform a delayed Brit Milah on Thursday or Friday. [78]
- Everyone agrees that if a baby boy is born during the Bein HaShemashot (halachic twilight) on Wednesday can have the Brit Milah on Thursday next week. [79]
Milah On Shabbat
- Sephardim hold that when there is a milah on Shabbat they shouldn’t have one mohel do the milah and another do the priyah.[80] There is a dispute if it is true for Yom Tov as well.[81]
- A father can do a brit on Shabbat even if he could have someone else do it.[82]
- Regarding putting away the milah knife after the milah see General_laws_of_Muktzeh#Muktzeh_that.E2.80.99s_in_already_in_one.E2.80.99s_hands.
- If the mohel knows that by doing the milah on Shabbat the relatives will come to violate Shabbat to get there or the like, many poskim hold that they should push it off to Sunday.[83] Others hold that they should nonetheless do the milah on Shabbat.[84]
- A mohel who is asked to do a milah on Shabbat and he is worried about going and seeing violations of Shabbat, he should nonetheless go and do the milah.[85]
Procedure of Milah
- There are two parts to every Milah, the milah and the priyah. Milah entails cutting the Orlah skin which covers the Atarah and priyah entails peeling back the thin membrane beneath that skin until the Atarah is uncovered.[86]
- The last stage of milah is metsisah. There is a great controversy whether this is considered a ritual part of the milah procedure or simply a medical practice of the days of the gemara and wouldn't be necessary today.[87] There is a further discussion if metsisah should be done with one's mouth or a utensil.[88] Because of the danger involved, many poskim hold that one should not and may not do metsisah with one's mouth.[89]
- It is permitted to wear gloves for brit milah.[90]
- It is the minhag for the mohel to dip his finger in the wine to feed it to the baby while the pasuk of "בדמייך חיי" is recited.[91]
Related Pages
Links
- Inyonei Milah by Rabbi Hershel Schachter
- Hilchos Milah by Rabbi Zvi Sobolofsky
Sources
- ↑ Nedarim 32a
- ↑ Nedarim 32a
- ↑ Yalkut Shimoni Yirmiyahu 33 [321]
- ↑ Vayikra Rabba 21:5
- ↑ Yalkut Yosef Sova Semachot Vol. 2 pg. 5, Rav Mordechai Eliyahu's comment on Shulchan Aruch Kitzur 163:8, Rabbi Eli Mansour
- ↑ Chaim Shaal 1:75:2, Yabia Omer 1:26:10
- ↑ Yalkut Yosef Sova Semachot Vol. 2 pg. 10, Rabbi Eli Mansour
- ↑ Yalkut Yosef Sova Semachot Vol. 2 pg. 8
- ↑ Yalkut Yosef Sova Semachot Vol. 2 pg. 11
- ↑ Yalkut Yosef Sova Semachot Vol. 2 pg. 11
- ↑ Kitzur Shulchan Aruch 163:1, Yalkut Yosef Sova Semachot Vol. 2 pg. 12.
- The Gemara Kiddushin 29a states that a father is obligated to perform a Brit Milah for his son. Some Rishonim assume that the entire obligation on the father is to make sure that the Milah takes place, but he doesn't need to personally perform it nor even appoint a Mohel, as long as it is taken care of. These rishonim include the Maharach Or Zaruah (responsa n. 11) and Tosfot Rid (Kiddushin 29a s.v. Otto). However, most rishonim assume that there is an obligation upon the father to actually perform the Milah, and if he doesn't know how, then he should appoint a Mohel to do it for him. These Rishonim include the Rambam (Milah 1:1), Darkei Moshe (YD 264:1), and Rosh Chullin 6:8.
- The Ohr Zaruah (v. 2, Siman 107) writes that if the father knows how to do the Milah, but nonetheless asks a Mohel to do it for him, he is losing out on his mitzvah. Shach CM 382:4 agrees. The Darkei Moshe 264:1 argues that we always use the principle of agency (Shaliach Adam KeMoto, Kiddushin 41a), and that this mitzvah should be no different. The Kesot CM 382:2 defends the Ohr Zaruah saying that Brit Milah is a mitzvah that needs to be done with your body, and can't be delegated to be done by someone else.
- ↑ Kitzur Shulchan Aruch 163:1
- ↑ Vayikra 12:3, Tur and Shulchan Aruch Y.D. 262:1
- ↑ Rama Y.D. 262:1 rules that bdiavad (after the fact), a milah performed during the day before the eighth day is acceptable. However, if the Milah is performed at night before the eighth day, even if it's the eighth night, then hatafat dam brit would be required. Shach 262:2 disagrees and requires a hatafat dam brit in all cases if the Milah was performed before the eighth day. Shach notes that Hatafah in this case wouldn't be performed on Shabbat. Bear Heitiv 262:1 cites the Shach.
- ↑ Rabbi Lebowitz explained that according to the aforementioned Rama, the Milah would bdiavad (after the fact) acceptable in this case. Nonetheless, even according to Shach who believes it to be ineffective, that doesn't make it forbidden to do. Since it might make the child not an arel it is permitted for the doctor to do it. They should be aware that they cut the necessary amount that it would be a valid circumcision according to the halacha, the anesthesia and the clamps used today that allow for a little bleeding wouldn't invalidate the circumcision. He concluded by quoting Rav Mordechai Willig as permitting this.
- ↑ Pesachim 4a says that the Brit Milah may be performed any time during the day but those who have alacrity in fulfilling mitzvot will do it early. The gemara learns this concept of Zarizin Makdimin LeMitzvot from Avraham Avinu when he went to perform the Akeda early in the morning. Shulchan Aruch Y.D. 262:1 codifies this as halacha.
- ↑ Megillah 20a, Rama 262:1
- ↑ Rav Mordechai Eliyahu's comment on Kitzur Shulchan Aruch 163:1
- ↑ Shulchan Aruch 262:2, Kitzur Shulchan Aruch 163:4
- ↑ Shulchan Aruch Y.D. 162:4
- ↑ Kitzur Shulchan Aruch 163:6
- ↑ Shulchan Aruch YD 265:1 writes that this Bracha should be made after the cutting of the Orlah before the Periyah, however, Yalkut Yosef (Sova Semachot vol 2 pg 60) writes that the minhag is to make it before the Milah and the Birchat Hamilah altogether. Yalkut Yosef Milah p. 77 writes that the minhag of Israel, Bavel, and Eastern Sephardi countries is to recite Lhachniso before the Milah. Even though Shulchan Aruch holds like the Rosh (Shabbat 14:10, Teshuva 26:1) that it can be said afterwards, the Rambam (Rav Avraham Ben HaRambam cited by Yabia Omer OC 2:17:7) and Rif (Teshuva 293) hold it should be said beforehand.
- ↑ Rama YD 265:1, Yalkut Yosef Milah 8:7
- ↑ Shulchan Aruch YD 265:1, Yalkut Yosef 8:4
- ↑ Yalkut Yosef Milah 8:3. The Rambam's view, cited by Shulchan Aruch 265:2, is that if the father is the mohel, then the phrase למול את הבן is recited.
- ↑ Rama YD 265:1, Yalkut Yosef Milah 8:7
- ↑ Shulchan Aruch YD 265:7, Yalkut Yosef (Sova Semachot vol 2 pg 72). This is based on the view of Rambam (Milah 3:3 and Berachot 11:9).
- ↑ Gemara Shabbat 137b enumerates the two berachot cited above, but makes no mentions of Shehechiyanu by a Brit Milah. Rambam (cited in previous footnote) reasons that since it's a Mitzvah that isn't applicable all the time, it's fit to recite a Shehechiyanu, as we find by Pidyon HaBen (which is explicit on Pesachim 121b that a Shehechiyanu is recited). Hagahot Maimonit (Milah 3:4) gives a few different justifications for the Minhag of the Ashkenazim not to say Shehechiyanu. The first is based on Ketubot 8a, which states that the phrase "She'Ha'Simcha B'Meono" is only said in the Zimmun of a Sheva Berachot and not a Milah, because there is no Simcha while the baby is in pain. Similarly, Shehechiyanu should not be recited while the baby is in pain. The challenge to this explanation, raised by Shut Rashba (1:245), is that Berachot 59b discusses a case in which one loses a family member, and then recites Dayan HaEmet for the loss, and Shehechiyanu for receiving a big inheritance. We see that Shehechiyanu can be recited, even though a person is in pain. Hagahot Maimonit cites the second explanation from Rokeach, who says that since the baby is a nefel (non-viable) until it becomes 30 days old (Shabbat 135b), we don't say Shehechiyanu. Beit Yosef (265-7) quotes R' Yerucham who argues with this reasoning, saying that we should follow the majority of babies who are viable and will survive. Beit Yosef cites a third explanation from Tosafot (Bechorot 49a s.v. l'achar) that Chazal only institued a Shehechiyanu on Pidyon HaBen which isn't so common, as opposed to Milah which comes up much more frequently.
- ↑ Rama YD 265:7
- ↑ Otzar Habrit 3:15:21
- ↑ There is a discussion in the Rishonim as to the identity of this "Yedid". Rashi (Shabbat 137b s.v. asher) thinks that it refers to Yitzchak, while Rabbenu Tam (s.v. yedid) thinks that it refers to Avraham.
- ↑ Shulchan Aruch YD 265:1, Yalkut Yosef Milah 8:18
- ↑ Yalkut Yosef Milah 8:19
- ↑ Yalkut Yosef Milah 8:20, Yabia Omer 7:23
- ↑ Yalkut Yosef Milah 8:22
- ↑ Yalkut Yosef Milah 8:21
- ↑ Otzar Habrit 3:15:23
- ↑ Yalkut Yosef Milah 8:26
- ↑ Yalkut Yosef Milah 8:27
- ↑ Kitzur Shulchan Aruch 77:14
- ↑ Yalkut Yosef Milah 8:23
- ↑ Shulchan Aruch Yoreh Deah 265:8 and Yalkut Yosef Milah 8:10. Beit Yosef cites a view in the Rishonim that the baby's nakedness does need to be covered while performing the Milah. Tur quotes the Baal HaIttur who says that as long as a Katan is not fit to have Bi'ah (marital relations), then his nakedness is not halakhically considered an Ervah.
- ↑ Rama 265:8
- ↑ Shulchan Aruch Y.D. 264:1
- ↑ Rama Y.D. 264:1
- ↑ Kitzur Shulchan Aruch 163:1
- ↑ Kitzur Shulchan Aruch 163:1
- ↑ Kitzur Shulchan Aruch 163:1
- ↑ Yalkut Yosef Milah 8:1
- ↑ Rama Y.D. 265:1 cites the Maharam who made n allusion to the concept of standing for a Brit Milah from ויעמד העם בברית (Melachim 2:23:3). This is codified by the Kitzur Shulchan Aruch 163:2 and Yalkut Yosef Milah 8:2.
- ↑ Kitzur Shulchan Aruch 163:2, Otzar Habrit 3:15:20
- ↑ Yalkut Yosef Milah 8:5
- ↑ Yalkut Yosef Milah 8:8
- ↑ Yalkut Yosef Milah 8:9
- ↑ Yalkut Yosef Milah 8:14
- ↑ Yalkut Yosef Milah 8:17
- ↑ Yalkut Yosef Milah 8:27
- ↑ Mishna Brurah 25:55, Piskei Teshuvot 25:29. Avnei Yishfeh 7:7:8 explains that unlike Shabbat or Yom Tov which are a day that is a sign between us and Hashem, brit milah is a temporary mitzvah and doesn't not require removing tefillin. Siach Tzadikim (Brit Milah p. 145) quotes the practice of the Satmer Rebbe to remove his tefillin for milah because the brit milah is a sign like Shabbat and tefillin is also a sign.
- ↑ Yalkut Yosef (Sova Semachot 2:7:2)
- ↑ Piskei Teshuvot 25:29
- ↑ Yalkut Yosef (Sova Semachot 2:7:2)
- ↑ Yalkut Yosef (Sova Semachot 2:7:2)
- ↑ Pirkei Drabbi Eliezer ch. 19, Maharil (Milah n. 2), Tur 265:6 citing Rav Sar Shalom, Piskei Maharach Or Zaruah (Milah n. 36), Shulchan Aruch Y.D. 265:6. Pirkei Drabbi Eliezer ch. 19 postulates that Hashem always made public testimonies in the presence of ten people. It then applies this dictum to Brit Milah, Chalitza, and Sheva Brachot for a wedding.
- ↑ chabad.org.il. See Otzar Habrit p. 183 and 238
- ↑ Mishna Halachot 19:196 responded to Az Nidbaru 14:46 who held that it is better to do the milah immediately and not wait for a minyan in order to fulfill zerizut. Mishna Halachot argues that it is better to wait for the minyan even if it means waiting until after chatzot. Obviously though he doesn't allow delaying the brit milah for no reason.
- ↑ Maharam Shik YD 386 writes that to perform a mitzvah in a more enhanced manner it is permitted to delay it as we see by Birkat Halevana. However, having a minyan for the brit milah isn't a sufficient reason to delay the milah.
- ↑ Lhorot Natan YD 15:65
- ↑ Pirkei DRabbi Eliezer ch. 29, Shulchan Aruch YD 265:12, Kitzur Shulchan Aruch 163:8. See Gemara Shabbat 130a
- ↑ Rav Mordechai Eliyahu's comment on Shulchan Aruch Kitzur 163:8, Bayit HaYehudah vol. 10 pg. 182, see also Rabbi Aryeh Lebowitz
- ↑ Magen Avraham 249:6 citing the Maharshal requires meat for a brit milah meal. Yalkut Yosef Sova Semachot 2:11:3 based on Taamei Haminhagim writes that the meal should have meat initially but if that's not possible it could have chicken or fish. Rabbenu Bechay Beresheet 21:8 writes that the minhag to have a seuda after a Brit Milah is based on the party Avraham made for Yitzchak and the midrash writes that the party was for fact he was able to give Yitzchak a Milah.
- ↑ Rav Schachter (Corona teshuva #56)
- ↑ Yalkut Yosef Sova Semachot 2:11:3
- ↑ Rama Y.D. 265:12, Yalkut Yosef Sova Semachot 2:11:2
- ↑ Otzar Habrit 3:17:4 p. 239 writes that even if there wasn’t a minyan present at the seudat brit milah the seuda is still a seuda and the minyan isn’t the halacha but a minhag. Bechorat Habrit 265:66 says ten is enough but it isn't critical. See also Maharam Shik YD 386.
- ↑ Lhorot Natan YD 15:65 and Yabia Omer YD 4:19. Yabia Omer cites Maharshag 2:125 who explains that it is more important to learn Torah than to go to a seudat mitzvah and he quotes that the Maharam Shik told him this as good advice. He qualifies it that if there's a chance that there wouldn't be a minyan without him it is better to go to the seuda than to learn. Yabia Omer asks why indeed should he mevatel Torah in order to make the minyan if that is a mitzvah that isn't critical to have a minyan for the seuda. He answers that since having a minyan is an enhancement of the mitzvah (Rama Y.D. 265:12) we would mevatel Torah to make sure that happens and it is considered as a mitzvah that couldn't be done without you (Moed Katan 9b and Meiri there). Dibrot Eliyahu 8:62 cites and agrees with Yabia Omer. Lhorot Natan YD 15:65 comes to the same conclusion on his own.
- ↑ Maharik 179 cited by Rama O.C. 640:6 holds that the seuda of brit milah needs to be in the sukkah. The Biur Halacha 640:6 s.v. vseudat explains that if the Sukkah isn't big enough for everyone they should just have a minyan eat the seuda. If they can't even fit that, he quotes the Magen Avraham 640:13 who says that they can eat the seuda outside the Sukkah, while the Gra holds that you should have a sueda without a minyan rather than eat outside the Sukkah. Biur Halacha seems to favor the Gra in citing the Pri Megadim and Bikurei Yaakov to support that contention. Aruch Hashulchan 640:15 is very lenient to have the seuda outside the Sukkah if they don't fit.
- ↑ Kitzur Shulchan Aruch 163:4
- ↑ *The Gemara Shabbat 19a quotes the Briatta which states that one may not board a boat in order to travel on Shabbat unless one got on before 3 days before Shabbat (whether or not this includes Wednesday, see Mishna Brurah 248:4).
- The Rif (Shabbat 7a-b) explains that the reason for this restriction is that if one boards a boat within 3 days of Shabbat it will negatively impact the passenger’s oneg Shabbat (enjoyment of Shabbat), however, if it’s started earlier the passengers will get used to it and be able to enjoy Shabbat. The Rosh (Shabbat 1:38) and Rambam (Shabbat 30:13) agree with this reason.
- However, the Baal HaMoer (on Rif) explains that the reason that one may not board a boat close to Shabbat is because it’s likely that there will be life threatening danger which will necessitate a violation of Shabbat. However, when it is begun earlier there’s no issue because the obligation to prepare not to violate Shabbat even for life threatening danger doesn’t begin (explained by Mishna Brurah 248:8).
- The Rashbatz 1:21 originates based on the Baal HaMoer’s concept that a convert shouldn’t schedule his Brit Milah on Thursday because it will lead to a violation of Shabbat (if he doesn’t recover fully) and the same would be true of a baby who had his Brit Milah delayed. This is codified by the Tur and S”A YD 268. [Interestingly, the Taz explains that even if there’s no concern of a violation of Shabbat there’s an issue of ruining oneg Shabbat and so it would be forbidden to do the delayed Brit Milah on Thursday or Friday.]
- However, the Shach YD 266:18 argues on the Rashbetz that the Baal HaMoer would permit just like it’s permitted to board a boat on Friday for the purpose of a mitzvah (S”A OC 248:1) and Brit Milah is a tremendous mitzvah. The Magen Avraham 331:9, Mishna Brurah 331:33, and Sh”t HaRanach 38 (quoted by Tzitz Eliezer 12:43) agree with the Shach.
- The Chida in Birkei Yosef 248 quotes several achronim who defended the Rashbetz by saying that it was only permitted to board a boat on Friday for a mitzvah if one stipulated with the group that they wouldn’t continue to travel on Shabbat (S”A 248:1) and since there’s no way to make such a stipulation regarding Milah it’s forbidden to do it within 3 days of Shabbat like the Baal HaMoer.
- Sh”t Yabia Omer YD 5:23, Menuchat Ahava (vol 1, 1:6), and Rav Mordechai Eliyahu (comments to Kitzur Shulchan Aruch 163:4) accept the Chida as halacha.
- However, the Sh”t Tzitz Eliezer 12:43 rejects the Chida because he points out that the Tashbetz himself wasn’t sure whether to hold like Rebbe that one must stipulate or Rabben Shimon and one wouldn’t have to stipulate and only as a stringency did the Tashbetz hold like Rebbe. The Tzitz Eliezer concludes that it’s illogical that the Tashbetz would have postponed the Milah from Thursday just because of a stringency of holding like Rebbe. [See further in the Birkei Yosef who gives a second defense of the Rashbetz and Tzitz Eliezer who rejects it as well.]
- ↑ Menuchat Ahava (vol 1, 1:7) and Sh”t Yabia Omer YD 5:23(4) explain that since the Brit Milah’s original time was set for Thursday because of a doubt it’s not considered like it was delayed specifically for that time.
- ↑ Shulchan Aruch YD 267:12.
- ↑ Otzer Brit v. 2 p. 379 writes Yam Shel Shlomo Yevamot 8:3 is machmir even on Yom Tov but we don't follow it (Petach Habayit). Or Yisrael p. 308 n. 42 writes it is asur even on yom tov. Yalkut Yosef Shabbat v. 4 p. 326 331:14 we hold that you shouldn't have two mohalim. It is clear from the footnote that it applies also to yom tov.
- ↑ Shulchan Aruch OC 338
- ↑ Shevet Halevi 1:205:331, 4:135:1, Orot Hahalacha p. 1164. Minchat Yitzchak 3:35:3-6 also seems to agree with this as he writes that it is lifnei iver for the mohel to do the milah on Shabbat if he knows that the family will drive there on Shabbat. However, since the mohel knew that if he didn't do it, another non-religious mohel would it is only mesaya. With some other factors he's lenient because of that consideration.
- ↑ Tzitz Eliezer 6:3
- ↑ Igrot Moshe YD 1:156. He explains that seeing chilul Shabbat is certainly a negative thing, however, that consideration is not a reason to delay a milah.
- ↑ The Mishna (Shabbat 133a) outlines the 3 stages of milah including milah, priyah, and metsisah. For a discussion of metsisah see further. Rashi s.v. mohalin refers to cutting the orlah skin. Rambam (Milah 2:2) elaborates that the orlah skin is the skin that covers the Atarah. Rashi s.v. veporin writes that priyah is peeling back the membrane covering the tip of the gid. Rambam (Milah 2:2) elaborates the priyah is the membrane underneath the orlah skin.
- ↑ The Mishna (Shabbat 133a) writes that metsisah is the last stage of milah. The gemara (133b) comments that the reason that is practiced on Shabbat is because if it isn't done there is a critical danger to the baby's life. The Rambam (Milah 2:2) echoes this and says that metsisah is for medical reasons. The Tiferet Yisrael (Boaz Shabbat 19:1) writes that the entire purpose of metsisah is medical and if nowadays it causes a medical danger it doesn't need to be done. See also the Maharam Shik (OC 152) takes the position that there is no danger with metsisah. However, the Mishkenot Yacov (YD 63) writes that drawing blood (hatafat dam) is an integral part of the ritual milah. He proves this from the Zohar and Rashi (Shabbat 134a s.v. lekarchei).
- ↑ Har Tzvi (YD 214) writes that since there are dangers with doing metsisah with one's mouth, one may do it with a utensil.
- ↑ Rav Hershel Schachter in a shiur on yutorah.org ("Hilchos Shabbos 3" min 27-30) said that there is a real danger to the life of the baby with doing metsisah with one's mouth and it is foolish to continue doing it today. A number of poskim are quoted in an article by David Shabtai and Raymond Sultan entitled Medical Risk Taking in Halacha in 'Journal of Halacha and Contemporary Society, 2006. See also the Binyan Tzion 23 who writes that a mohel who does metsisah must be certain that he is not infected with herpes and cause the baby to become infected. Yalkut Yosef Sova Semachot v. 2 ch. 6 fnt. 1 writes that one may use metzitza bkli such as with a tube if there's a concern of danger, otherwise it is done with one's mouth as the Sdei Chemed (Kuntres Metzitza) writes.
- With respect to the general question of relying on doctors to ascertain that there's no danger see Rav Kook's teshuva about metzitza in Daat Kohen YD 140 who argues that we can never rely on doctors to make such a claim. Yabia Omer OC 7:53 likes this idea.
- ↑ Rabbi Aryeh Lebowitz on torahmusings.com citing Rav Schachter and Rav Zilberstein Pesachim 57
- ↑ Magen Avraham 269:1 records the minhag to give some of the wine to the baby at the brit milah. Yalkut Yosef (Sova Semachot 2:8:21) writes that the minhag is that the mohel dips his finger in the wine and gives a drop of the wine to the baby during the recitation of בדמייך חיי.