1)

IS ONE LIABLE FOR MILAH PERFORMED WRONGLY ON SHABBOS?

(a)

(Mishnah): If Reuven had two babies to circumcise, one on Shabbos and one the next day, and he mistakenly circumcised the latter on Shabbos, he is Chayav [Chatas];

(b)

R. Eliezer says, if one baby should have been circumcised on Erev Shabbos and the other on Shabbos, and he mistakenly circumcised the former on Shabbos, he is liable;

(c)

R. Yehoshua exempts.

(d)

(Gemara - Rav Huna): The text in the Reisha is 'Chayav' (like our text).

(e)

(Rav Yehudah): The text is 'exempt'.

(f)

Support (for Rav Huna - Beraisa - R. Shimon ben Elazar): R. Eliezer and R. Yehoshua agree that if one mistakenly circumcised on Shabbos a [seven day old] baby due to be circumcised the next day, instead of the [eight day old] baby due to be circumcised on Shabbos, he is liable (he circumcised too early, this is not a Mitzvah);

1.

They argue about one who mistakenly circumcised a nine day old [who should have been circumcised on Erev Shabbos] instead of the eight day old - R. Eliezer is Mechayev, R. Yehoshua exempts;

2.

Both learn from idolatry (all Chayavei Chatas are equated to it).

3.

R. Eliezer holds, just like idolatry is a Lav [with Kares], and one who transgresses b'Shogeg is Chayav Chatas, the same applies to every such Lav;

4.

R. Yehoshua holds, our case is unlike idolatry - there, he transgressed without doing a Mitzvah - here, he did a Mitzvah!

(g)

Support (for Rav Yehudah - Beraisa - R. Meir): R. Eliezer and R. Yehoshua agree that if one mistakenly circumcised on Shabbos a nine day old instead of the eight day old, he is exempt (he did a Mitzvah);

1.

They argue about one who mistakenly circumcised a seven day old instead of the eight day old - R. Eliezer is Mechayev, R. Yehoshua exempts;

2.

Both learn from idolatry.

3.

R. Eliezer holds, just like idolatry is a Lav [with Kares], and one who transgresses b'Shogeg is Chayav Chatas, the same applies to every such Lav;

4.

R. Yehoshua holds, our case is unlike idolatry - there, he was not obsessed with doing a Mitzvah - here, he was obsessed with a Mitzvah (he needed to circumcise the eight day old)!

(h)

(Beraisa - R. Chiya): R. Meir taught that R. Eliezer and R. Yehoshua agree that if one mistakenly circumcised on Shabbos a nine day old instead of the eight day old, he is liable;

1.

They argue about one who mistakenly circumcised a seven day old instead of the eight day old - R. Eliezer is Mechayev, R. Yehoshua exempts.

(i)

Question: If R. Yehoshua exempts in the Seifa, when he did not do a Mitzvah, all the more so he should exempt in the Reisha, when he did a Mitzvah!

(j)

Answer (D'vei R. Yanai): The case [in the Reisha] is, he circumcised the baby due to be circumcised on Shabbos on Erev Shabbos - he had no Heter to circumcise on Shabbos;

1.

In the Seifa, he had a Heter to circumcise on Shabbos.

(k)

Question (Rav Ashi): Also in the Reisha, there is a Heter to circumcise other eight day babies in the world!

(l)

Answer (Rav Kahana): [They are not the responsibility of this man,] he has no Heter to override Shabbos. (Rosh (5) - some learn from here that Hatafas Dam Bris is not needed for a baby without foreskin; Rif - the Halachah follows Rabah, Hatafas Dam Bris is on account of Safek covered foreskin, we do not override Shabbos on account of the doubt.)

2)

THE EARLIEST AND LATEST WE MAY CIRCUMCISE A CHILD

(a)

(Mishnah): A [healthy] baby is circumcised on day eight, nine, 10, 11 or 12, not earlier or later.

(b)

Normally, he is circumcised on day eight;

(c)

If he was born Bein ha'Shemashos (Safek day, Safek night - we will call the morning before the birth day one), we must wait until day nine to circumcise (if he was really born at night, day nine is his eighth day, we cannot circumcise before this; if he was born during the day, day nine is his ninth day);

(d)

If he was born Bein ha'Shemashos of Erev Shabbos, day nine is Shabbos, we cannot circumcise on Shabbos (only a Vadai eighth day Milah overrides Shabbos), we must wait until day 10;

1.

If the day after Shabbos is Yom Tov, we must wait until day 11;

2.

We must wait until day 12 if the two days of Rosh Hashanah follow Shabbos. (Rambam - both days are like one long Kedushah - but we may circumcise on the second day of other Yomim Tovim; Rosh - it is forbidden on any Yom Tov Sheni.)

(e)

We do not circumcise a sick baby until it gets healthy.

(f)

(Gemara - Shmuel): If a baby had a fever, we wait seven days after he recovers before circumcising.

(g)

Question: Must we wait seven full (24-hour) days [or may we circumcise on the eighth Halachic day, even if less than 168 hours have elapsed]?

(h)

Answer: Ludah taught, the day of recovery is like the day of birth.

1.

Suggestion: Just like we need not wait seven full days from the time of birth [before circumcising - a baby born in the afternoon may be circumcised on the morning of day eight], we need not wait seven full days from the time of recovery!

(i)

Rejection: No - [the similarity is that both require waiting seven days, but] the day of recovery is more severe than the day of birth - the [wait after the] day of birth does not require full days, but [that of] the day of recovery does.

3)

WHEN MORE OF THE FORESKIN MUST BE CUT

(a)

(Mishnah): The following strands invalidate Milah - flesh which covers the majority of the crown;

(b)

[A Kohen with such strands is an Arel,] he may not eat Terumah.

(c)

If his Ever is thick [and it looks like foreskin remains,] we trim it so he will not look like an Arel.

137b----------------------------------------137

(d)

If he circumcised but [left foreskin and] did not expose the Milah, it is as if he did not circumcise.

(e)

(Gemara - R. Avina): [Rashi - even; Rambam - only] flesh which covers the majority of the height of the crown [invalidates Milah].

(f)

(Mishnah): If his Ever is thick...

(g)

(Shmuel): If a child is fleshy [and the Milah appears to be covered]:

1.

If during erection he appears circumcised, this is fine; if not, [mid'Rabanan] we must cut away the flesh.

(h)

(Beraisa - R. Shimon ben Gamliel): If a child is fleshy - if during erection he appears uncircumcised, we must cut the flesh; if not, not.

(i)

Question: What is the difference between Shmuel and R. Shimon ben Gamliel?

(j)

Answer: They argue about if [during erection] he appears partially circumcised [some of the crown is covered - Shmuel requires cutting more, R. Shimon does not].

4)

BERACHOS ON MILAH

(a)

(Mishnah): If he circumcised but did not expose the Milah...

(b)

(Beraisa): One who circumcises blesses 'Asher Kidshanu b'Mitzvosav v'Tzivanu Al ha'Milah'; the baby's father blesses '...v'Tzivanu Lehachniso bi'Vriso Shel Avraham Avinu";

(c)

Everyone present says 'Just like he entered the Bris, he should progress to Torah, marriage and good deeds!'

(d)

Someone (it need not be the Mohel or father) blesses 'Asher Kidesh Yedid mi'Beten...Baruch Atah Hash-m Kores ha'Bris.''

(e)

One who circumcises a convert blesses 'Asher Kidshanu b'Mitzvosav v'Tzivanu Al ha'Milah'; someone blesses '...v'Tzivanu Lamul Es ha'Gerim u'Lehatif Mehem Dam Bris'; if not for Dam Bris, Shomayim and Aretz would not endure - "Im Lo Vrisi Yomam va'Laylah Chukos Shomayim va'Aretz Lo Samti"; Baruch Atah Hash-m Kores ha'Bris.

(f)

One who circumcises a slave blesses '...v'Tzivanu Al ha'Milah'; someone blesses '...v'Tzivanu Lamul Es ha'Avadim u'Lehatif Mehem Dam Bris'; if not for Dam Bris...; Baruch Atah Hash-m Kores ha'Bris.'

PEREK TOLIN
5)

HANGING A MESHAMERES ON SHABBOS AND YOM TOV

(a)

(Mishnah - R. Eliezer): One may hang a Meshameres (a cloth through which wine is strained) on Yom Tov; one may strain wine through a hanging Meshameres on Shabbos.

(b)

Chachamim forbid both of these - however, one may strain wine through a hanging Meshameres on Yom Tov.

(c)

(Gemara) Question: R. Eliezer does not even allow adding onto a temporary Ohel (roof) - how can he permit [hanging a Meshameres, and] making an Ohel from the beginning?!

1.

Question: Where do we find that R. Eliezer forbids adding onto a temporary Ohel?

2.

Answer (Mishnah - R. Eliezer): If a window stopper is tied and hangs [above the ground], one may use it to close a window; if not, not

3.

Chachamim say, in either case one may use it to close.

4.

(Rabah bar bar Chanah): All agree that one may not make a new temporary Ohel on Yom Tov, there is no need to say it is forbidden on Shabbos - they argue about adding to an Ohel:

i.

R. Eliezer forbids adding on Yom Tov, there is no need to say that he forbids on Shabbos;

ii.

Chachamim permit adding on Shabbos, there is no need to say that they permit on Yom Tov.

(d)

Answer: R. Eliezer holds like R. Yehudah:

1.

(Mishnah): The only difference between Yom Tov and Shabbos is preparation of food;

2.

R. Yehudah says, also Machshirei Ochel Nefesh (even though they are forbidden on Shabbos, they are permitted on Yom Tov).

(e)

Question: R. Yehudah permits only Machshirim that cannot be done before Yom Tov - the Meshameres could be hung beforehand!

(f)

Answer: R. Eliezer is more lenient than R. Yehudah (he permits even Machshirim that could be done beforehand)!

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