1)

MILAH OVERRIDES SHABBOS

(a)

(R. Eliezer): (Beraisa - R. Eliezer): Milah and all its Machshirim override Shabbos.

(b)

Question: What is his source?

1.

He cannot learn from all the Machshirim discussed above, for the reasons given above!

2.

Further, the other Mitzvos apply only for a limited time (but if Milah is postponed, it can be done the next day)!

(c)

Answer: He learns from "Uva'Yom ha'Shmini Yimol Besar Arlaso" - even on Shabbos. (We will learn Milah itself from another source, so the verse teaches about Machshirim.)

1.

Question: We should learn other Machshirim from Milah!

2.

Answer: We cannot learn from Milah, for 13 covenants were made on it (it says "Bris" 13 times when Hash-m commanded Avraham about it).

(d)

Question: Chachamim only argue about Machshirei Milah, they agree that Milah itself overrides Shabbos - what is the source?

(e)

Answer #1 (Ula and R. Yitzchak): This is a tradition from Moshe from Sinai.

(f)

Objection: [Beraisa #2 below teaches that] we cannot learn a Kal va'Chomer from a tradition from Sinai (yet a Tana learns a Kal va'Chomer from the fact that Milah overrides Shabbos)!

1.

(Beraisa #1) Question: What is the source that Piku'ach Nefesh overrides Shabbos?

2.

Answer (R. Elazar ben Azaryah): Milah involves just one limb of a person, yet it overrides Shabbos - all the more so, saving the whole body!

3.

(Beraisa #2): R. Eliezer told R. Akiva, [the Tum'ah of] a bone the size of a barley seed is a tradition from Sinai - you cannot learn a Kal va'Chomer to a Revi'is of blood (to obligate a Nazir to Megale'ach and start Nezirus again) from a tradition!

(g)

Answer #2 (R. Elazar): We learn from a Gezerah Shavah "Os-Os" from Shabbos ("U'Nmaltem...l'Os Bris"; Shabbos is "Os Hi Beini u'Veineichem").

(h)

Objection: It also says Os regarding Tefilin ("V'Hayah Lecha l'Os Al Yadcha") - we should say that Tefilin overrides Shabbos!

(i)

Answer #3: We learn from a Gezerah Shavah "Bris-Bris" ("U'Nmaltem...l'Os Bris"; "La'asos Es ha'Shabos l'Dorosam Bris Olam").

(j)

Objection: If so, Milah of an adult should override Shabbos (it says "Es Brisi Hefar")!

(k)

Answer #4: We learn from a Gezerah Shavah "Doros-Doros" ("L'Doroseichem Bris Olam"; "U'Ven Shemonas Yomim...l'Doroseichem").

(l)

Objection: If so, Tzitzis should override Shabbos ("V'Asu Lahem Tzitzis...l'Dorosam")!

(m)

Answer #5 (Rav Nachman bar Yitzchak): We learn Milah [on day eight] from Shabbos, for regarding both of these it says Bris, Os and Doros - it says only one of these regarding each of the other three (Tefilin, Milah of an adult, and Tzitzis).

(n)

Answer #6 (R. Yochanan): We learn from "Uva'Yom [ha'Shmini]"- even on Shabbos. (This is like Chachamim; R. Eliezer learns from a tradition from Sinai, he does not learn Piku'ach Nefesh from Milah like R. Elazar ben Azaryah does.)

1.

Question (Reish Lakish): Regarding Mechusar Kipurim (one who was Tamei and must bring a Korban to complete his Taharah) it says "Uva'Yom ha'Shmini" - will you say that this overrides Shabbos?!

2.

Answer (R. Yochanan): "Uva'Yom" comes to exclude night.

3.

Question: Also regarding Milah, we should say that "Ba'Yom" comes to exclude night!

4.

Answer: Regarding Milah it already says "U'Ven Shemonas Yomim".

5.

Question: Regarding Korbanos it already says "B'Yom Tzavoso"!

6.

Answer: Even though it says "B'Yom Tzavoso", we need "Uva'Yom ha'Shmini" - since the Torah allows bringing Mechusar Kipurim b'Dalos (an Oni brings a cheaper Korban), one might have thought it is also lenient to allow bringing at night - "Uva'Yom ha'Shmini" teaches, this is not so.

7.

Question (Ravina): If so (the leniency to bring b'Dalos is Machshir what is normally Pasul), a non-Kohen or Onen (one who lost a relative today) should be Kosher to offer Mechusar Kipurim!

8.

Answer: "Uva'Yom ha'Shmini" teaches that night and all other Pesulim apply to Mechusar Kipurim.

(o)

Answer #7 (Rav Acha bar Yakov): We learn from "Ha'Shmini"- even on Shabbos.

(p)

Question: This is needed to teach that it cannot be on day seven!

(q)

Answer: We already know this from "U'Ven Shemonas Yomim"!

(r)

Objection: We need two verses, to exclude day seven and day nine!

1.

If we only had one verse, one might have thought that before day eight is not the time for Milah, but anything afterwards is the time [and overrides Shabbos]!

(s)

Conclusion: We must learn like R. Yochanan. (There was no objection to Rav Nachman bar Yitzchak's answer - however, the following Beraisa supports R. Yochanan.)

2)

MILAH OVERRIDES SHABBOS (cont.)

(a)

Support (for R. Yochanan, and question against Rav Acha - Beraisa): "[Uva'Yom Ha']Shmini Yimol" - even on Shabbos.

1.

Question: But it says "Mechalaleha Mos Yumas"!

2.

Answer: That refers to Melachos other than Milah.

3.

Suggestion: Perhaps it refers even to Milah!

i.

Question: If so, how would we explain "Ha'Shmini Yimol"?

ii.

Answer: That is when the eighth day is not Shabbos.

4.

Answer: "Uva'Yom"- even on Shabbos.

(b)

Question (Rava): Why did the Tana initially hold that the verse permits Milah on Shabbos, and later suggest that it does not?

(c)

Answer: First he thought that "Ha'Shmini Yimol" - is even on Shabbos, and "Mechalaleha Mos Yumas" refers to Melachos other than Milah, but Milah overrides Shabbos.

1.

Question: What is the reason?

2.

Answer: We learn a Kal va'Chomer from [cutting off] Tzara'as - Tzara'as overrides Avodah (we do not cut off Tzara'as to Machshir someone for Avodah), and Avodah (e.g. Temidim and Musafim) overrides Shabbos;

132b----------------------------------------132b

3.

Milah overrides Tzara'as (if there is Tzara'as on the foreskin, one cuts it off) which overrides Avodah which overrides Shabbos, all the more so Milah overrides Shabbos! (Tzara'as on the end of the Ever is not Tamei (Nega'im 6:7) - nevertheless, one may not cut Tzara'as even if it is Tahor (Bo'az Nega'im 7:5 - see below 3:p:2); alternatively, if the Nega spread to there from somewhere else, it is Tamei. Alternatively - Tzara'as is Tamei even on extremal limbs if there is a flat area the size of a Gris (Rambam Tzara'as 3:9) - we may learn from the law in such a case, even if [in practice] we never find foreskin like this - PF.)

(d)

Question: Why did he later doubt this?

(e)

Answer: Perhaps Shabbos is more stringent than Tzara'as, for it has many punishments and prohibitions - Tzara'as does not override Avodah, rather, we may not cut off the Tzara'as, for the person would still be Pasul for Avodah (this will be explained)!

(f)

The Tana continues, if so, we would have to say that "Ha'Shmini Yimol" applies when the eighth day is not Shabbos - "Uva'Yom" teaches, even on Shabbos.

3)

MILAH OVERRIDES TZARA'AS

(a)

(Beraisa): Milah overrides Tzara'as, whether or not it is in its time (day eight); Milah overrides Yom Tov only in its time.

(b)

Question: What is the source of this?

(c)

Answer (Beraisa): "Yimol Besar Arlaso" - even if there is Tzara'as there, he cuts it;

1.

Question: But it says 'Hishamer b'Nega ha'Tzara'as"!

2.

Answer: This applies to other parts of the body.

3.

Suggestion: Perhaps it applies even to the foreskin!

i.

Question: But it says "Yimol Besar Arlaso"!

ii.

Answer: That would apply when there is no Tzara'as there.

4.

Rejection: "Besar" (this is extra) - even if there is Tzara'as there.

(d)

Question (Rava): Why did the Tana initially hold that Milah overrides Tzara'as, and later suggest that it does not?

(e)

Version #1 - Answer: First he thought that "Yimol Besar Arlaso" is even if there is Tzara'as there; "Hishamer b'Nega ha'Tzara'as" applies to other parts of the body, but Milah overrides Tzara'as.

1.

Question: What is the reason?

2.

Answer: We learn a Kal va'Chomer - even though Shabbos is stringent, Milah overrides it - Tzara'as is more lenient, all the more so Milah overrides it!

(f)

Question: Why did he later doubt this?

(g)

Answer: Perhaps Tzara'as is more stringent than Shabbos, for Tzara'as overrides Avodah, and Avodah overrides Shabbos - therefore, we need "Besar" to permit Milah in the place of Tzara'as.

(h)

Version #2 - Answer: First he thought that Milah overrides Tzara'as because an Ase overrides a Lav;

(i)

Question: Why did he later doubt this?

(j)

Answer: Perhaps an Ase overrides a Lav alone - but there is also an Ase not to cut Tzara'as ("V'La'asos k'Chol Asher Yoru Eschem")!

1.

Question: But it says "Yimol Besar Arlaso"!

2.

Answer: That would apply when there is no Tzara'as there.

(k)

Therefore, we need "Besar" to permit even if there is Tzara'as there.

(l)

Question: It says "Besar" regarding an adult ("Asher Lo Yimol Es Besar Arlaso") and an eight-day old ("Yimol Besar Arlaso") - what is the source that Milah of a minor above eight days overrides Tzara'as?

(m)

Answer #1 (Abaye): We learn from the Tzad ha'Shavah of an adult and eight-day old:

1.

We cannot learn [just] from an adult, for he is Chayav Kares if he does not circumcise himself;

2.

We cannot learn [just] from an eight-day old, for this is its time;

3.

The Tzad ha'Shavah is that they must be circumcised, and this overrides Tzara'as - the same applies to everyone that must be circumcised.

(n)

Answer #2 (Rava): No verse is needed to teach that Milah in its time overrides Tzara'as, a Kal va'Chomer teaches this! (Since we do not need "Besar" to teach about Milah in its time, we use it to teach about Milah after eight days.)

1.

Milah overrides Shabbos, which is stringent - all the more so it overrides Tzara'as!

(o)

Question (Rav Safra): Perhaps Tzara'as is more stringent than Shabbos, for Tzara'as overrides Avodah, and Avodah overrides Shabbos!

(p)

Answer #1 (Rava): Tzara'as does not override Avodah - we may not cut off the Tzara'as for the person would still be Pasul for Avodah.

1.

Question: After the Tzara'as is cut off, he should be Kosher for Avodah!

2.

Answer: He must immerse first (and afterwards he is Tevul Yom until evening - we do not override Tzara'as to Machshir him to serve tomorrow).

3.

Objection: This applies to Tamei Nega'im - how can we answer regarding Tahor Nega'im? (Tosfos Shevu'os 4A - they were declared Teme'im, but got weaker; the Metzora already immersed.)

(q)

Answer #2 (Rav Ashi): An Ase overrides a Lav only in cases like Milah where there is Tzara'as, or wearing Tzitzis with Kil'ayim, for he fulfills the Ase at the time he transgresses the Lav - but we may not cut off Tzara'as to Machshir someone for Avodah, since he could not do Avodah until after we transgress!

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