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Brit Milah

275 bytes added, 23:57, 6 January 2015
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Text replacement - "S"A" to "Shulchan Aruch"
==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 perform a Brit Milah on his son. <ref>Kitzur S"A Shulchan Aruch 163:1.
* 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, 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 Or Zaruah (v. 2, Siman 107) writes that if the father knows how to do the Milah and 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 this mitzvah should be no different. The Kesot CM 382:2 defends the Or 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 place the baby on the knees of the Sandak. <ref>Kitzur S"A Shulchan Aruch 163:1</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 S"A 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 S"A Shulchan Aruch 262:1</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. S"A Shulchan Aruch YD 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 S"A 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>S"A Shulchan Aruch 262:2, Kitzur S"A 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>S"A Shulchan Aruch YD 162:4</ref>Because of the complexity involved in practically determining [[Bein HaShemashot]] an Orthodox Rabbi should be consulted.<ref>Kitzur S"A Shulchan Aruch 163:6</ref>
==Brachot for the Brit Milah==
# 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> S"A Shulchan Aruch YD 265:1 </ref> This bracha should be said standing. <ref>Rama YD 265:1 </ref># 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> S"A 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 altogether. </ref> This bracha should be said standing. <ref>Rama YD 265:1 </ref># According to Ashkenazim a [[Shehecheyanu]] is not said at the Brit Milah 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> however, according to Sephardim, the bracha is always said. <ref>S"A Shulchan Aruch YD 265:7, Yalkut Yosef (Sova Semachot vol 2 pg 72) </ref># Next Hagefen is made on wine and then the bracha of Asher Kidesh Yedid MeBeten. <ref>S"A Shulchan Aruch YD 265:1 </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 and another [[Revi'it]].<ref>Kitzur S"A Shulchan Aruch 77:14</ref>
==Sandakut (holding of the baby)==
# One should appoint a pious Sandak.<ref>Kitzur S"A Shulchan Aruch 163:1</ref># 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 S"A Shulchan Aruch 163:1</ref>
==Those watching the Brit Milah==
# Everyone in attendance of the Brit Milah should stand except for the Sandak who is holding the baby.<ref>Kitzur S"A Shulchan Aruch 163:2</ref># After the makes the Bracha of LeHachniso, the people in attendance should answer [[Amen]] and add "Keshem SheNichnas LaBrit Ken Yikanes LeTorah ULeChpah ULeMaasim Tovim".<ref>Kitzur S"A Shulchan Aruch 163:2</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>S"A Shulchan Aruch YD 265:12, S"A Shulchan Aruch Kitzur 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 S"A 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># There is a Sephardic practice to read the Zohar the night before the Brit Milah.<Ref>Rav Mordechai Eliyahu's comment on S"A Shulchan Aruch Kitzur 163:8</ref>
==A Delayed Milah==
# A delayed Milah may not take place on [[Shabbat]] or [[Yom Tov]].<ref>Kitzur S"A Shulchan Aruch 163:4</ref>
# 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).
* 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 Magan 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 S"A 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>
# 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>

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