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YEVAMOS 72

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SUMMARY

For all 40 years that Klal Yisrael were in the desert, the northern wind did not blow. (1)
 
Rav Papa: On a cloudy day, or on a day that the southern wind blows, one should not let blood or perform a Bris Milah. (2)
 
Although the northern wind did not blow in the desert during the day, it did blow at midnight, because midnight is a time of Divine favor.
 
Rav Huna: If the Orlah is pulled over the Atarah, the Rabanan require him to circumcise again. (3)
 
A Tumtum may not eat Terumah or Kodshim, but an Androginus may eat Terumah but not Kodshim. (4)
 
When a Tumtum is Mekadesh a woman, or a man is Mekadesh a Tumtum, it is regarded as a Safek Kidushin. (5)
 
Rebbi Eliezer b'Rebbi: If the Bris Milah is not done on the eighth day it may be done even at night. Tana Kama: It may never be done at night.
 
Rebbi Yochanan: When Nosar is burned immediately, it may be burned only during the day, but when it is not burned immediately, it may be burned at night. Rebbi Elazar: Nosar may never be burned at night.
 
Rebbi Yochanan: An uncircumcised person may sprinkle the ashes of the Parah Adumah.
 
A Tevul Yom is forbidden to eat Terumah, but he may sprinkle the ashes of the Parah Adumah and he may eat Ma'aser Sheni.
 
A Tumtum may not mix the ashes of the Parah Adumah with the water. An Androginus is permitted to mix the ashes with water, but Rebbi Yehudah disagrees. (7)
 
An Arel and a Tamei are exempt from Aliyah l'Regel.
 
Everyone is eligible to be Mekadesh the ashes of the Parah Adumah with the exception of a deaf mute, a Katan, and an insane person. (8)

A BIT MORE

1. One reason is that it was a result of the sin of the Egel. Another reason is so that the Clouds of Glory would not be scattered.
 
2. Nowadays that this advice has largely been ignored, it no longer applies, because "Hashem protects the fools."
 
3. This is a matter of dispute in the Beraisa. Rebbi Yehudah rules that he should not circumcise again because it is dangerous.
 
4. An Androginus may eat Terumah if he is circumcised, because even if he is a woman or a distinct species, he is still the child of the Kohen. However, a Tumtum may not eat Terumah, because perhaps he is a male and since he is uncircumcised he is prohibited from eating Terumah. An Androginus may eat Kodshim Kalim if he is circumcised, because even the daughter of a Kohen may eat Kodshim Kalim. When the Beraisa says that he may not eat Kodshim, it refers to Kodshei Kodshim, which may be eaten only by male Kohanim.
 
5. If his Beitzim are discernible from the outside, he is regarded as a male, and if he is Mekadesh a woman it is a valid Kidushin.
 
6. This is in accordance with Rebbi Akiva who maintains that an Arel has the same status as a Tamei. A Tumtum may not be Mekadesh the ashes of the Parah Adumah because he is uncircumcised, but an Androginus who is circumcised may be Mekadesh them. This is in accordance with Rebbi Akiva. Rebbi Yehudah rules that even an Androginus may not be Mekadesh the ashes, because according to Rebbi Yehudah, a woman is ineligible to be Mekadesh, and an Androginus may be a woman.
 
7. A Tumtum may not mix the ashes of the Parah Adumah with the water, because if he is a man he is uncircumcised, and an Arel is Pasul for the Kidush. An Androginus is permitted to mix the ashes of the Parah Adumah with the water if he is circumcised. However, Rebbi Yehudah rules that an Androginus may not be Mekadesh, because he might be a woman, and, according to Rebbi Yehudah, a woman is ineligible for the Kidush.
 
8. Rebbi Yehudah permits a Katan to perform the Kidush, but he prohibits a woman and an Androginus from doing it.

BRIEF INSIGHT

A TIME-BOUND MITZVAH
 
The Beraisa says that according to the Tana Kama, a Bris Milah may never be done at night. Tosfos asks that since the Bris Milah may be done only during the day, it is a time-bound Mitzvas Aseh and should not apply to women. Why, then, does the Gemara in Kidushin need to derive from a verse that a woman is exempt from giving her son a Bris Milah? Tosfos answers that the verse is needed according to Rebbi Eliezer b'Rebbi, who maintains that sometimes the Bris Milah may be done at night. According to Rebbi Eliezer b'Rebbi, it is not a time-bound Mitzvah since it may be done at night in a situation in which it is not being done on the eighth day. Even though the Bris Milah may be done only after the eighth day and not before, since it may be done any time after the eighth day, it is not regarded as a time-bound Mitzvas Aseh, according to Rebbi Eliezer b'Rebbi.

QUICK HALACHAH

BRIS MILAH AT NIGHT
 
The Bris Milah may not be done until Hanetz ha'Chamah of the eighth day. B'Di'eved, if it was done after Amud ha'Shachar it is valid. The entire day is valid for a Bris Milah, but Zerizin Makdimin l'Mitzvos and perform the Bris Milah immediately in the morning. Even a Bris Milah that is not done on the eighth day may be done only during the day. If one does the Bris Milah at night he must let a drop of blood during the day. (Shulchan Aruch YD 261:1)

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