By Rabbi Yair Hoffman for 5tjt.com
Translated and annotated in honor of the bris of our new grandson, Nosson Yoseph Giller this past erev Shabbos. As is well-know, Rav Chaim Soloveitchik zt”l (1853-1918) was the founder of what is known as the “Brisker Method.” The Chidushei Rabbi Chaim, his classic work, was published in 1936 by his children. There was another collection of his Torah thoughts which were known as the “stencils” or the tagbuch which have appeared sporadically throughout the years. The bulk of this work was published from Rav Chaim’s original hand in 5778. The piece below is translated from this latter work.
A BRIS WITHIN 8 DAYS VERSUS A BRIS AT NIGHT
The Ramah (YD 262:1) rules that if a baby was circumcised within the eight-day period – there is no need to perform a hatafas dam bris – taking a drop of blood afterward. If, however, the baby was circumcised at night, a hatafas dam bris is required. The commentators (TaZ 262:2) have already asked, “What is the difference between the two cases?”
Rav Chaim answers this contradiction by writing:
It would appear to me [that this can be answered] according to that which is stated in Shabbos [135b]: Whomsoever would not set aside the Shabbos for his circumcision [on account of his not yet being Jewish] – there is no requirement to wait until the 8th day to circumcise him. Previously, the Gemorah stated [135a] regarding an androgynous person that there is a drasha (Vayikra 12:3), “orlaso” – full removal of the foreskin sets aside the Shabbos – but a requirement of taking a drop of blood does not require that the bris be performed on the eighth day.
If so, it is not relevant to say that someone who was circumcised within the 8 days requires a hatafas dam bris. This is because the taking of the drop would have to be immediate and right afterward – because there would not be a requirement to wait for the 8th day. Whereas, this would not be the case where the Milah took place at night [of the 8th], as we see in Yevamos 72 that even the hatafas dam bris must be done in the daytime. If so, regarding this nighttime Milah – a hatafas dam bris would be ineffective. Therefore, it makes sense that it would require a new hatafa in the daytime.
See the Rosh (tractate Shabbos, Perek Rabbi Eliezer end of Siman 5) and the Rambam (Mila 1:7) who both rule that [a requirement of] Hatafas Dam Bris necessitates 8th day circumcisions. However, this is because the foreskin of the androgynous is considered safaik orlah kevusha. Here, however, this is not the case for he has already been circumcised and the requirement is only that there be dam bris alone. One can say that would, therefore, not have a requirement of circumcising on the 8th day.
ONLY WORKS ACCORDING TO ROSH AND RAAVAD – NOT RAMBAM
However, all this will only work in accordance with the view of the Rosh. The Rambam, on the other hand, (Trumos 7:11) holds that it is not considered Safek Orlah Kevushah, and nonetheless rules that the circumcision must happen on the eighth day. However, see that the Rambam’s view in Hilchos Mila (1:10-11) that the requirement for it to be on the eighth day is not dependent on Shabbos. This is not the view of the Raavad (Mila 1:10) who argues and holds that the requirement for waiting eight days and the laws of not performing it on the Shabbos are dependent upon each other. Therefore, we can certainly say like we have written.
The translator can be reached at [email protected]
Join the official YWN WhatsApp status
