Latest / SHULCHAN ARUCH YOMI: Own the Halacha in 25 minutes a day! / Yoreh De’ah 266:12-14. Bris Milah: On Shabbos, Non-Jew, Non-Religious, Yom Tov Sheni, Visiting Israel, Thursday Friday
Transcript
- 0:01OK, we are on Resh Samakhva vasmila.
- 0:06OK, we are beginning with Gilmore, right?
- 0:11Where did we leave off? Yeah, we're beginning with
- 0:13Gilmore. Just to point out, we mentioned
- 0:16yesterday as far as a so you have a Jew who basically became
- 0:22a Christian and so he went. He was with a Jewish regular
- 0:26Jewish woman. So we say you still do the
- 0:29Bersmila and it's still dokhe Shabbos.
- 0:32No problem. If she's and generally Speaking
- 0:36of someone is just not from we are dokhe Shabbos.
- 0:40We also have Tina Shanishva. That's not an issue.
- 0:43Some say if you're going to if the brisk is going to cause all
- 0:47the family to drive and be makalo Shabbos.
- 0:49So then one should ask Shila if it should be pushed off.
- 0:55What if both parents are mumar mumaris?
- 1:00So that's a Mach locus. And the postgame the basiosa
- 1:03says doesn't matter because you look at the child, the child's
- 1:07hive and he needs a bris. He's he's a Jewish boy also a
- 1:12mom's there also, same thing a mom's there also, or both
- 1:14parents are mamzarian. You still do a bris.
- 1:16It's still Doha Shabbos. However, some say both parents
- 1:21are mumar, not mamzar. If both parents are mumar, so
- 1:26then I think it's the shock. But whatever some say it should
- 1:30be not be done on Shabbos because then probably the child
- 1:34will continue a tarbutra and it's not shayak to do a bris
- 1:40Mila on Shabbos for that. OK, so that's the whole
- 1:45question. How much do you look at the the
- 1:47upbringing that's there? It's basically from a minor,
- 1:51from a Rishon who said the lesson of the Shah Kanarak.
- 1:55And the question is how far do you take it?
- 1:58You sell Shenoladlo Ben migoya in Malino to the Shabbat.
- 2:03So now, so if it's a a Jew and a Jew, of course it's Mila's Dolph
- 2:09Hashabbas for the 8th day. Bisman.
- 2:11What if one of the parents are non Jewish?
- 2:14So if the father is not Jew, is a non Jew.
- 2:17So then it it doesn't matter because the mother is Jewish,
- 2:20the baby's Jewish, it's Dolph Hashabbas.
- 2:22But if the father is a Jew and the mother is a non Jew, that's
- 2:27this case. So she's non Jewish.
- 2:29So then the baby's non Jewish. So it's certainly not dokhe
- 2:33Shabbos if you can do the Mila all together.
- 2:35So that's we discussed is the baby is non Jewish.
- 2:39What about Yom tov Shani and khusaras?
- 2:43Who said also we thought we said the halacha is it's not dokhe
- 2:46Yom tov Shani, but what if it's a it's a Suffolk, It's a case of
- 2:53Venus schmachus. So it's not exactly lo bizmano,
- 2:56but you push it off a half a day because you don't know.
- 2:59So there it's a maclocas. Most say you do you do do it on
- 3:03a Yom Tosheni, like if it was born, you're not sure if it's
- 3:06which day it is. So for that you would do it on a
- 3:09Yom Tosheni. That's the note of the Huda
- 3:12Shebalevi or Shomon Salman. But the men hassle Azer says no,
- 3:16it's Yom Tosheni. We still don't do it.
- 3:18That's not called bismano, it's Suffolk bismano.
- 3:21OK but everyone's mock more for Rosh Hashanah.
- 3:25What about a Yosei dolphin AC section?
- 3:29And that comes out on Yom Tosheni.
- 3:31So that's also Mahlokis. The whole concept of yotse
- 3:34dolphin also has a din of a Suffolk.
- 3:37How you learned absurdum thrushos, whatever just happens
- 3:40to be for Yom Tosheni, that is a Mahlokis Mashao Mazal Munshiwas
- 3:44Hanagos says you do do it and or Moshe Feinstein or Vyasha von
- 3:48Shaved Levi says you do not, you know, ask yourself.
- 3:52I wanted to share an interesting question brings together a
- 3:55couple of things you mentioned from I heard this from Arya
- 3:57Liebowitz on podcast Yong Toshini.
- 4:00So what happens if you have a family visiting from Kutzlawritz
- 4:05and they come to Eretz Sistrell and they travelled with the
- 4:08baby, even though the baby it was Shiloh Bismano, but it was a
- 4:11baby a week old, couple weeks old, whatever it is, and it was
- 4:14healthy enough to get on the plane, but it was a case of
- 4:17Shilo Bismano, whatever the case is.
- 4:19So what do you do in Eretz Israel on so it's sholo bizmano.
- 4:25So it's not doka Shabbos, it's not doka Yom Tov.
- 4:28And in Israel there's only one day Yom Tov outside of Rosh
- 4:31Hashanah. But on a regular, this Ben
- 4:34Khuslaritz is holding two days, right?
- 4:37That's the general halakhah. The general Mennon is they must
- 4:40hold two days, second day. Since we're assuming they're
- 4:43holding two days, the father can't do the bris on this
- 4:47arcani. So you can't do, let's say
- 4:48you're assuming you can't do the bris on the second day, Yom Tov.
- 4:52Can he get a mohel who lives in Israel to do the breasts for
- 4:56him? So what do you think?
- 4:58One might say? One might think no, because the
- 5:01mohel's doing it for the father, he's a Shalia.
- 5:04However, we learn that the din of a Shalia really is more of a
- 5:08qumrah. It's not really a din Shalia.
- 5:11That's number one. Number two, the really the
- 5:15father is Mukhuyev to do the breast that day, but he's
- 5:22prevented even on Yom Tovshani, but he's prevented from his
- 5:26personal men hub living in Khuzlarez.
- 5:29So the etzem he's also hired. So really there'll be no reason
- 5:33why he can't appoint someone to do it for him.
- 5:35It's like anytime someone's hired to do a mitzvah, I don't
- 5:38know, lighting candles on Hanukkah, you're not going to be
- 5:41home that night. You're working, you're at a
- 5:42wedding. Whatever it is, you can always
- 5:44point to Shuliac for you. So here too, it's not that he's
- 5:47not shayak to do the meela. He can do the meela, but he's
- 5:50just not able to do it for some secondary reason that's
- 5:55preventing him. So there should be no problem.
- 6:00I would, I can also, you can also add he's, he's not the only
- 6:03one who's Shayev. If he doesn't do it on the
- 6:05proper time basin kicks in. So it's really the should.
- 6:09You don't even need a shilly F per SE.
- 6:10You can have a baisden so the it's not not a problem.
- 6:13This is Yong Tosheni and Shiloh Bismana.
- 6:16Now if I leave, what's even throws in?
- 6:19Now that we learned all this, he says already it's smutter and so
- 6:23I also saw Paskin by Oshawa Zalman or Abu Yashi find it
- 6:27Pasha's no, not a real question. He also points out you want to
- 6:31throw it in the Rambam and the shock says Lakhatila.
- 6:34You do a bris anjom tosheni and then you also have another sniff
- 6:39is that the ARPO scheme are from SVI and others who say
- 6:43Lakhatila. Then Kutzlar who visits Eretz
- 6:47Israel should always only keep one day.
- 6:50So you put it all together and it's no longer much of a
- 6:53question. What happens if a Moell from
- 7:00Khutzla Aritz is in town in Israel and they need to do a
- 7:03Brisa Milo on Yom Tosheni and he's the only mole in town for I
- 7:09don't know. I'm not sure if that ever is
- 7:11Iraq can happen in arts itself, but let's say it does.
- 7:14So Nakuto said if he writes, he could even do the Milo in such a
- 7:18case. There is a question.
- 7:21I'll just leave it as a question.
- 7:22It's, it's a, it's a three-way machlucus.
- 7:25If a mole needs to leave his family to do a breasts right,
- 7:28there's a, the baby lives in some Hick town where they're out
- 7:32of town. There's no, there's, there's,
- 7:34there's no way. There's no mole there.
- 7:36The only way it's going to be done on Shabbos if he's going to
- 7:38have to leave his family. So it's a mukhlaqus if he should
- 7:41go or should not go. Obviously there's personal
- 7:44things to take into consideration, but in general
- 7:47the question is should he go but it affects on the Chavez or Yom
- 7:52Tov is even greater. Some Kas Yom Tov.
- 7:55So the three different opinions if you should or shouldn't go Le
- 7:58Kakila. One last thing we touched upon
- 8:01just to clarify when we say Shiloh bizmano.
- 8:03So then you have to it's not do kasabos.
- 8:06So we learned the in the better Kabait, right Maran in better
- 8:12Kabait, the additions to the Basiosa.
- 8:14If he writes that once it's Shiloh Bizmano, it's never done
- 8:19on a Thursday or Friday because just like going on a boat, you
- 8:24know, on a ship that might come, it's, it can lead to Hilo
- 8:27Shabbos. So so too, it can lead to Hilo
- 8:29Shabbos to take care of the baby.
- 8:31I'll say what was that? It's the medical complications,
- 8:35medical complications or taking care of it, whatever it is.
- 8:38So because of that there I'm not aware of any type of gazeera
- 8:43because we don't see this anywhere and most of the
- 8:45Rishonian we don't see discussed in the Gemara.
- 8:48But maybe me Menhag, maybe it is some kind of a Zeira to kind of
- 8:53from, I don't know, middle to ladder we shown him.
- 8:57But anyways, so but it is brought down in the videos if
- 9:00it's also discussed in the Shah and Tazabid.
- 9:03But basically so some say not to do it, but the clear minhag by
- 9:08Ashkenazim is most Ashkenazim never heard of such a thing
- 9:12because they they all do it on a Thursday on a Friday, even if
- 9:15it's Shiloh Bizmano. Most, most Spartan I think
- 9:19follow the the custom of almost all the Spartak post scheme that
- 9:23are written not to do it on a Thursday and Friday.
- 9:26Again, it depends on your minhag and that's what you should
- 9:30follow. But it's hard, your new calls on
- 9:33those three days, right? So that's similar to a embarking
- 9:36on the book trip. That's what they're learning
- 9:37from. But there's but in that Gemara
- 9:39mission or Brysa, really Brysa and the Gemara, there's no
- 9:44mention of brysmila. And then you're pushing off the
- 9:47mitzvah. We learned in the beginning of
- 9:49El Kosmila how bad it is to push it off.
- 9:51That's good to you, darling. Yeesh, Liziah.
- 9:56OK, so has the Lasham of Yeish. Yeah, So it's interesting.
- 9:58What's the opinion of the actual Sholkhanarov that always
- 10:02interests this part in the most? Because they really try and keep
- 10:04to the word of the the Sholkhanarov, but he doesn't
- 10:08mention it at all. So it's a question which is
- 10:10written first, which is written afterwards by Kobayek
- 10:13Sholkhanarov. OK, Anyways, one should be
- 10:25careful. Again, it's more of a humra or
- 10:30it might actually be an depends how you understand to do it when
- 10:36you're doing a bris on Shabbos. So you have to be careful you're
- 10:39not doing a Kabbalah. So you have to be doing it with
- 10:42shame Mila and then it Trump's it's overrides any issue of
- 10:49Kabala or Sheeta, right. So then so therefore to have one
- 10:56mole do the whole thing, that's fine.
- 10:57He's planning to do a Bristol Mila and he does the whole thing
- 11:00from beginning to end. Whatever he does, he's
- 11:02accomplishing the Mila. If you have two mole in each one
- 11:07doing half so, then each one by himself didn't do anything.
- 11:12All he did was Kabbalah. So that could be a problem.
- 11:15Also, you're marba. We know that there's an isser
- 11:19iser abandoned of marba bashi Urim.
- 11:21We don't want to do that on Shabbos, right?
- 11:23When you cut off a branch, you don't want to.
- 11:25You want to do 1 swipe, you don't want to and they're doing
- 11:29more branches with with one act. Why you want to try and do it as
- 11:32minimal as possible. So too, it's the same concept
- 11:34with Marba Anashimkiel that you don't want to have two people
- 11:38doing an Avera. The toughest point is he says he
- 11:41in his opinion is no, like we said.
- 11:43So Makhlakis, if it's an isser mamash or not an isser at all.
- 11:47But either way, that is the the halacha is Yeshi Zar.
- 11:50We don't do it. Just have one do the whole
- 11:52thing. Ella Hamal who Atzma you from?
- 11:56The one who does the Mila should do the whole Priya.
- 11:59So if the father wants to do it and shabbos ask, ask Shaila if
- 12:03it's shayak or not. And we already said not the
- 12:06first time. OK, I got the Lomatsathi Rayali
- 12:09Dvarov. Now I didn't find the raya for
- 12:12this, but Adaraba nearly the Shari, the Hamila Dakya Shabbos
- 12:18kemo avodaba mitdash. So he doesn't understand why it
- 12:22should be a problem. We split up doing the avoda in
- 12:26the base of Megash Shikamakohani Mayodin who mahalo in Shabbat
- 12:30because they would have numerous blind break up the avoda for one
- 12:34carbon and each one would do part of it and each one would be
- 12:37mahalo Shabbos. So whether it's the shiita and
- 12:40you're bringing it up and then you're putting it on the fire or
- 12:43you're cooking or whatever's going on, then we ahar, the
- 12:45Shabbat nitan litot is on Shabbos.
- 12:49It's given to me Dehuya harehu kehola khodavar becomes ehola
- 12:53khodavar. Well, I'll just point out the
- 12:55grub points out over here he agrees that well, khakila one
- 12:59shouldn't do it as it says in the shalkhanar.
- 13:02But really everything's really hutra.
- 13:05It's not exactly a kasha if it's really hutra.
- 13:08But anyways, that's whether it's hutra dehuya.
- 13:10Fine, I in sham, let's go on Mehan Mitzati bisefa Rachuma
- 13:16Yashan akatu, the klaf shikata, the self help Shabbat Bahadiya,
- 13:20the Shari that it's mutter divided up the Omna matsati
- 13:24bikobits sheeshala or less or But then I saw it's also written
- 13:28not to velkin tov la hakama la khatkila of Pisha Medina nearly
- 13:32masha katafti. So he goes right, the longer ma
- 13:35a little bit to say why it should be mutter and then he
- 13:37also agrees. Fine, issues are at the end.
- 13:39We'll conclude Hoka Smila.