Bris Milah

By Rabbi Joshua Flug

For technical information regarding use of

.this document, press ctrl and click here
I. Introduction- In this shiur outline, we will present some of the major topics relating to
bris milah. We will briefly survey these issues.
II. The two Parshiyos Relating to Milah
a. The most prominent discussion in the Torah relating to milah is the parsha discussing
the covenant the G-d made with Avraham Avinu. {}. The Torah also commands
providing a child with a milah on the eighth day in Parsha Tazria {}.
b. Rambam (1138-1204) notes that although the Torah states that G-d commanded
Avraham and all future descendants to observe milah, the real reason why we observe
milah is that it was one of the commandments that was given at Sinai. The same
applies to gid hanasheh and all other mitzvos that were not given to Moshe Rabbeinu.
{}
i. Nevertheless, there is still significance in the covenant between G-d and
Avraham and our observance of milah also fulfills that covenant. This idea
will be developed in the next section.
c. R. Ya'akov ben Asher (1269-1343) list a number of reasons why the mitzvah of milah
is so important: {}
i. There is a punishment of kares for someone who doesn't fulfill the mitzvah.
ii. There were thirteen covenants that were established (the word bris appears
thirteen times in the parsha).
iii. Avraham was not considered complete until his milah.
iv. This bris led to the Bris Bein HaBesarim.
v. It saves one from Gehinom.
vi. Having a foreskin is considered disgusting.
III. What is the Nature of the Mitzvah?
a. R. Yosef B. Soloveitchik (Beis HaLevi 1820-1892) notes that there are two
approaches to view the mitzvah: {}
i. It is an action oriented mitzvah. You perform the mitzvah and then it is
complete.
ii. It is a mitzvah that remains with a person his entire life.
iii. Beis HaLevi notes that Rambam's opinion is that it is an ordinary action
oriented mitzvah. Therefore, Rambam is of the opinion that if one completed
the mitzvah, there is no reason to return and complete certain strands that
constitute hiddur mitzvah. However, Tur is of the opinion that there is an
action oriented aspect of the mitzvah, but there is also an aspect of the
 mitzvah that remains with someone for the rest of his life. Therefore, hiddur
mitzvah is still applicable after the mitzvah is completed.
iv. Beis HaLevi, in his commentary on the Torah, presents the issue using
different language: Is the mitzvah to become someone without an orlah or is
it like an ordinary mitzvah. He notes that the pesukim seem to refer to both
aspects: {}
1. ‫ והיה תמים‬connotes removal of orlah.
2. ‫ ואתנה בריתי ביני וביניכם‬connotes additional kedusha, which is achieved
when one performs a mitzvah.
b. R. Yitzchak Blazer (1837-1907) wrote a letter to the Beis HaLevi insisting that all
opinions agree that there is an ongoing aspect of the mitzvah of milah. He proved
this from a story recorded in the Gemara that David HaMelech was saddened from
the fact that couldn't perform mitzvos in the bathhouse. When he saw his milah, he
was comforted. {} If there was no ongoing mitzvah, what was his source of comfort?
R. Blazer writes that this proves that the idea that there is an ongoing mitzvah is
universally accepted. {}
c. R. Blazer's idea was presented centuries earlier by Maharach Or Zarua (13 th century)
who proves the same idea from the story about David HaMelech. {}
d. R. Itzele Ponevezher (1853-1918) discusses whether an adult who never received a
milah must be conscious during the milah. He writes that it depends on whether there
is kavanah that is needed at the time of the milah. If the mitzvah is just to be
someone who received a milah, no kavanah is required. {}
e. R. Ovadia Yosef notes that according to Maharach Or Zarua, there is certainly no
requirement to be awake at the time of the milah and therefore, one can undergo
general anesthesia prior to the milah. {}
IV. The Role of the Father
a. The Gemara quotes a Beraisa that lists milah as one of the mitzvos that a father must
perform for his son. There are two ways to view the mitzvah:
i. Maharach Or Zarua writes the father's mitzvah is to ensure that the milah is
performed. He has no specific mitzvah to circumcise his child. {}
ii. Rabbeinu Asher (c. 1250-1327), in discussing the penalty for someone who
steals a mitzvah opportunity from someone else, writes that if a mohel was
appointed to do the milah and someone else performed the milah, there is no
penalty because it is the father's mitzvah and if he doesn't want to perform it
himself, anyone has the opportunity to perform it. If someone performs the
mitzvah when the father was planning on performing it, there is a penalty
because he stole the father's opportunity to perform a mitzvah. {}
 1. R. Shabsai Kohen (Shach 1621-1662) deduces from Rabbeinu Asher's
comments that it is the father's direct obligation to circumcise his son
and therefore, if he has the ability to perform the milah himself, he
should not appoint someone else. {}
V. The Beracha of L'Hachniso
a. The Gemara quotes a Beraisa that in addition to the beracha recited by the mohel, the
father recites the beracha of "‫אקב"ו להכניסו בבריתו של אברהם אבינו‬." {}
b. The discussions about this beracha relate to the ideas presented in the previous
sections.
c. Rambam writes if the father is not at the milah, the beracha should not be recited by
someone else because the beracha is a function of the father's mitzvah to perform the
bris. {}
i. Ra'avad (c. 1125-1198) disagrees and maintains that the beracha should be
recited by someone else because everyone has an obligation to ensure that the
child receives a milah.
ii. Rambam's approach that the father has a unique beracha to recite indicates
that the father's mitzvah to perform the milah is a direct obligation to
circumcise his child and not just an obligation to ensure that his son receives a
milah. Nevertheless, one can argue, that the beracha actually connotes an
obligation to bring him into the covenant and not to actually circumcise him.
d. Rabbeinu Asher quotes a dispute among the Ba'alei HaTosafos regarding the nature
of the beracha: {}
i. Rashbam (c. 1085-1158) is of the opinion that it is a birchas hamitzvah and
should be recited prior to the bris.
ii. Rabbeinu Tam (c.1100-1171) is of the opinion that it may be recited
afterwards because it has elements of a birchas shevach v'hoda'ah.
iii. Rabbeinu Asher himself writes that one can fulfill both opinions by reciting
the beracha between the milah and the p'riah.
e. R. Yosef D. Soloveitchik (1903-1993) writes that Rabbeinu Tam's opinion is that
there is another category of beracha which one recites on a status change. It has the
language of a birchas hamitzvah but is only recited after the status change. The
beracha of L'Hachniso is one example of such a mitzvah in that one has a new status
after the milah. {}
VI. Milah on Shabbos
a. The Mishna presents a dispute between R. Eliezer and R. Akiva regarding preparatory
stages for the milah on Shabbos. R. Eliezer is of the opinion that anything necessary
 to perform a milah on Shabbos is permissible on Shabbos. R. Akiva is of the opinion
that only the milah itself is permissible on Shabbos. {}
b. The Gemara quotes a Beraisa that one can only perform a milah on Yom Tov if it is
on the eighth day. If it is delayed, one may not perform it on Shabbos. The same is
assumed for Shabbos. {}
c. The Gemara quotes a dispute about whether a child born from a caesarian section
recives a milah on Shabbos. We follow the opinion that the milah is delayed. {}
d. In the shiur outline titled "YU, the RCA and the Korean War Dilemma," we discussed
the dispute between Ba'al HaMaor and Ramban regarding a milah that could be
performed on Shabbos, but one will have to violate Shabbos after the milah (for
pikuach nefesh) because of something that was not prepared in advance. According
to R. Soloveitchik, Ba'al HaMaor's opinion is that when one failed to prepare properly
for the milah, it may not be performed on Shabbos. {} According to Ramban, one
performs the milah and the pikuach nefesh situation that is created as a result is
treated as any other pikuach nefesh situation and one may violate Shabbos. {}
e. In "Amira L'Akum," we discussed the Gemara's leniency to violate amira l'akum to
prepare needs for the milah. There are three opinions regarding the reason for this
leniency:
i. Ba'al HaItur is of the opinion that amira l'akum is permissible for the
performance of any mitzvah. {}
ii. Rambam is of the opinion that the Gemara was dealing with asking a non-Jew
to violate what would have been a rabbinic violation for a Jew. Rambam is of
the opinion that this is permissible for the performance of a mitzvah or in a
pressing situation. {}
iii. Tosafos are of the opinion that this is a special leniency relating to milah
because milah itself is docheh Shabbos. {}
VII. Metzitzah
a. The Gemara states that if a mohel does not perform metitzah, he is removed from his
post because he is endangering the baby. {}
b. There has been a dispute about metzitzah for a few centuries ever since it was posited
that metzitzah can infect the baby.
i. Some authorities such as R. Yisrael Lipschitz (1782-1860) felt that metzitzah
is only to prevent danger. Now that it has been established to cause more
danger than it prevents, it should, in theory, be eliminated. R. Lipschitz
himself felt that one can treat the wound with alcohol and therefore, was not
willing to do away with metzitzah under that assumption. {}
 ii. Some authorities such as R. Avraham Borenstein (Avnei Nezer 1838-1910)
felt that metzitzah is part of the milah itself and therefore, necessary despite
any medical information that indicates the opposite. {}
VIII. A Child Who is Too Ill for Circumcision
a. The Gemara states that if a child is too ill for circumcision, one must wait seven full
days until performing the milah. {}
b. Rambam seems to explain that this is a function of caution. He writes that one can
perform the milah later in time, but one can never return the life of a baby who was
lost. {}
c. Regarding jaundice, I wrote an article discussing the issues.
IX. Kibbudim
a. R. Yitzchak ben Moshe (Or Zarua 1200-1270) writes that there is a minhag to have
someone hold the baby during the milah. This person is called the sandak. He quotes
a midrash that this is one of the few mitzvos that one can perform with one's lap. {}
b. Maharil (c. 1365-1427) writes that it is not appropriate for the sandak to go the
mother's room to pick up the child for the bris so it has become traditional for the
wife of the sandak to get the baby from the mother and bring him to the sandak. {}
i. R. Yechiel M. Epstein (1829-1908) writes that the honoring the wife of the
sandak has morphed into a new kibbud called "kvater." Now it is not limited
to the wife of the sandak, but it is an independent kibbud to transfer the baby
from the mother to the sandak. He suggests that the word "kvater" comes
from ‫ קוטר‬which refers to someone brings the ketores. Since milah is
compared to offering the ketores, one who brings the baby to the milah is the
koter. The word later became known colloquially as kvater. {}
c. R. Tzidkiyah HaRofei (Shibolei HaLeket c. 1210-1275) writes that there is a tradition
to set up a chair in honor of Eliyahu HaNavi who is known as the "malach habris."
i. The kibbud of placing the baby on the kisei shel Eliyahu seems to be a later
institution, an extension of the job of the kvater. {}
‫‪ .3‬רמב"ם פירוש המשנה חולין פרק ו'‬ ‫‪ .1‬בראשית יז‪:‬א‪-‬יד‬

‫‪ .4‬טור יו"ד ס' רס‬

‫‪ .2‬ויקרא יב‪:‬א‪-‬ג‬

‫‪ .5‬שו"ת בית הלוי ב‪:‬מז‬

‫‪ .9‬שו"ת מהר"ח אור זרוע ס' יא‬ ‫‪ .6‬בית הלוי עה"ת פרשת לך לך‬

‫‪ .7‬מנחות מג‪:‬‬

‫‪ .8‬פרי יצחק ב‪:‬ל‬

‫‪ .10‬זכר יצחק ס' ה‬

 ‫‪ .15‬שבת קלז‪:‬‬ ‫‪ .11‬שו"ת יביע אומר יו"ד ה‪:‬כב‬

‫‪ .16‬רמב"ם הל' מילה ג‪:‬א‬ ‫‪ .12‬קדושין כט‪.‬‬

‫‪ .13‬רא"ש ו‪:‬ח‬

‫‪ .17‬רא"ש שבת יט‪:‬י‬

‫‪ .14‬ש"ך חו"מ שפב‪:‬ד‬

 ‫‪ .21‬שבת קלה‪:‬‬ ‫‪ .18‬ארץ הצבי ג‪:‬טז‬

‫‪ .22‬בעל המאור שבת נג‪:‬‬

‫‪ .23‬רמב"ן שבת קלד‪:‬‬

‫‪ .19‬שבת קל‪.‬‬

‫‪ .20‬שבת קלב‪:‬‬

‫‪ .24‬עירובין סז‪:‬‬
‫‪ .29‬תפארת ישראל שבת בועז יט‪:‬א‬ ‫‪ .25‬ספר העיטור הל' מילה מט‪.‬‬

‫‪ .26‬רמב"ם הל' שבת ו‪:‬ט‪-‬י‬

‫דבר שאינו מלאכה ואין אסור לעשותו בשבת‬
‫אלא משום שבות מותר לישראל לומר לנכרי‬
‫לעשותו בשבת והוא שיהיה שם מקצת חולי או‬
‫היה צריך לדבר צורך הרבה או מפני מצוה‪.‬‬
‫כיצד אומר ישראל לנכרי בשבת לעלות באילן‬
‫או לשוט על פני המים כדי להביא לו שופר או‬
‫סכין למילה או מביא לו מחצר לחצר שאין‬
‫עירוב ביניהן מים חמין להרחיץ בהם קטן‬
‫ומצטער וכן כל כיוצא בזה‪ .‬הלוקח בית הארץ‬
‫ישראל מן הנכרי מותר לו לומר לנכרי לכתוב‬
‫לו שטר בשבת שאמירה לנכרי בשבת אסורה‬
‫מדבריהם ומשום ישוב ארץ ישראל לא גזרו‬
‫‪ .30‬שו"ת אבני נזר יו"ד ס' שלח‬
‫בדבר זה‪.‬‬

‫‪ .27‬תוספות גיטין ח‪ :‬ד"ה אע"ג‬

‫אע"ג דאמירה לעובד כוכבים שבות משום ישוב‬
‫ארץ ישראל לא גזרו רבנן אבל משום מצוה‬
‫אחרת לא היינו מתירין אמירה לעובד כוכבים‬
‫במלאכה דאורייתא כדמוכח בפרק הדר ההוא‬
‫ינוקא דאשתפיך ‪ ...‬ואין ללמוד מכאן היתר‬
‫לומר לעובד כוכבים להביא ספר בשבת דרך‬
‫כרמלית דלא דמי דדוקא משום מילה דהיא‬
‫גופה דחיא שבת התירו‪.‬‬

‫‪ .28‬שבת קלג‪:‬‬

‫‪ .31‬שבת קלז‪.‬‬
‫‪ .32‬רמב"ם הל' מילה א‪:‬טז‪-‬יח‬

‫‪ .33‬אור זרוע הל' מילה ס' קז‬

‫‪ .34‬מהרי"ל הל' מילה‬

‫‪ .35‬ערוך השלחן יו"ד רסה‪:‬לה‬

‫‪ .36‬שבלי הלקט הל' מילה ס' ו‬