13 Apr TCHUM OF A BRIS
In Vayikra 12:3 the posuk tells us that on the 8th day one should have a Bris. Would a Mohel be allowed to walk out of the tchum in order to perform a bris? Do we say that since milah is docheh Shabbos he would be allowed to, or not?
In Orach Chaim 331:6 the Shulchan Aruch paskens that if one forgot to bring the Milah knife before Shabbos, he is not allowed to bring it on Shabbos. This would apply even if it was only an issur DeRabbonon, for instance, it is only a karmalis. Nevertheless, the Chachamim insisted we keep their gezeiros even if it is up against a mitzvos asseh that is punishable via kareis. Based on this, it would stand to reason that tchumin, despite it being only an issur DeRabbnon, would still be forbidden. The Shailos U’teshuvos Yehuda Yaaleh Orach Chaim 91 says that despite Milah being such a mitzvah that is so chamur that it is docheh Shabbos, which is a DeOraysa, nevertheless, the Milah is pushed off when there is an issur DeRabbonon. The Shailos Utshuvos Har Tzvi Orach Chaim 203 was asked by a Mohel if he could walk less than twelve mil to do a bris on time. The Har Tzvi answered that it is forbidden and compares it to a Mohel forgetting the milah knife, which is assur for him to carry on Shabbos, despite the fact that he will only be oveir a DeRabbonon.
There are two reasons to argue that maybe Tchumim is different and it would be allowed. The first reason is based on the Ritva Rosh Hashana 32b. He says the fact that Chazal term Shvus as a DeRabbonon is not to say that it is not Min HaTorah, because then it would seem that Min HaTorah all stores may be open with regular business transacted and it will look like a total weekday. Therefore, he says that there is a Mitzvos Asseh Min HaTorah to be Shoveis on Shabbos and not make it look like a weekday. The details as to what is considered a melacha that would make it look like a weekday is what the Chachamim established. The main point of a Shvus is min Hatorah, therefore the Chachamim insisted we keep the DeRabbonon of Shabbos even if it is going to make a person lose out on a DeOraysa, since the source of the Shvus is Min HaTorah. Therefore, only in a place where it is based on a Shvus would the Chachamim insist that one not be oveir on even a DeRabbonon. However, when it comes to Tchumin, which is not one of the Shvus, as the Rashba in Yevamos says that Shvus is only connected to the lamed tes melachos and Tchumin is not connected to the Lamed Tes melachos; therefore, in that case one would be able to do it on Shabbos.
The second reason is based on the Ravad Hilchos Korban Pesach 6:7 where he explains why the Chachamim insisted we keep the Shvus even at the expense of a mitzvah DeOraysa. This is because not keeping the Shvus can result in someone being oveir on an issur Kareis. For example, in the case of the Mohel forgetting his knife, despite the fact that it is in a karmelis, which is only MiDeRabbonon, it can result in a DeOraysa by him carrying the knife through a Reshus Horabim resulting in Kareis. However, in the case of Tchumim, where even if one walks twelve Mil, which according to some is a DeOraysa, it won’t result in an issur of Kareis. Therefore, it could be that the Chachamim allowed the Mohel to walk out of the Tchum to do the mitzvah of Milah.
When a bris falls out on Shabbos and the father could be the Mohel, is there a preference for him to be the Mohel or for someone else to be the Mohel? The Tur in Yoreh Deah Milah 263 writes in the name of Rav Eliezer Halevi that a father should not do the milah since for him it is a psik reisha that he wants to fix and complete his child, whereas psik reisha does not apply to another Mohel. The Rogatchover seems to say the opposite. We know that milah is docheh Shabbos. Does this mean that the mitzvah of milah is docheh Shabbos and no matter who does it may be docheh Shabbos, or do we say that only the father has a chiyuv to do the bris on time and therefore for him it is docheh Shabbos? Does it mean if someone does not have a father and Bais Din steps in to do the milah, it would not be docheh Shabbos so it would only be docheh for the father not someone else? Lemaaseh, we are noheg like that. Since the Mohel is a shaliach of the father, he can also do the bris on Shabbos. The Avnei Nezer paskens that even if one does not have a father and bais din does the milah, it would still be docheh Shabbos.
May we be zocheh to be mekayim Shabbos included with all the Shvusim that come along with it!