Rav Akiva Eiger asks how could the gemora ask hoil by an arul by korban pesach because he could conceivably do milah, what if erev pesach comes out on shabbos then you cant do milah!
He answers a big chidush, that even if you did the milah and were michalel shabbos you wouldn't be an arul!
2 questions, rashi says we are talking about where 2 brothers didn't survive milah, and also why isn't mitzvah habo beaveirah or ie ovud lo mihane a problem?
Mendy kaplowitz
(a) I do not know where you saw this Rebbbi Akiva Eiger, but I presume that you are referring to his Teshuvah (1:174), where he was asked to give his opinion as to whether Milah on Shabbos is invalid due to the din of Ei Avad Lo Mehani. Rebbi Akiva Eiger proves from our Sugya that the Milah is valid. He explains that this is because even were we to say that the Milah was invalid this would not affect the fact that a Chilul Shabbos has taken place. Even if we considered the Milah to be invalid and required Hatafas Dam Bris after Shabbos, the Milah would still be considered a Tikun, and therefore a Chilul Shabbos, because it still achieved a part of the Mitzvah, the removal of the Orlah.
Furthermore Rebbi Akiva Eiger proceeds to ask that the Milah should be considered a Mitzvah ha'Ba'ah b'Aveirah. He replies (as I understand it) in the name of the Yerushalmi, that since the Aveirah does not continue after the person's actions end, the Milah does not become a Mitzvah ha'Ba'ah be'Aveirah, as opposed to someone who eats stolen Matzah where we consider the Matzah to be Ba'ah b'Aveirah, since the Aveirah is still present (i.e. the theif still has a Kinyan Gezeilah on it).
(b) Rashi all over Shas explains that the P'sul Arel includes Meisu Echav Machmas Milah. Tosfos however, in Zevachim 22b, says in the name of Rabbeinu Tam that only a Mumer for Orlah is considered an Arel as far as P'sul Orlah for Karbanos is concerned. Rebbi Akivah Eiger was asking according to Rabbeinu Tam. Regarding how Rashi will understand the Gemara, see our Insights to the Daf.
Dov Freedman