בענין המצוה שהאב ימול את בנו

One of the big uh talking points in today's daf was whether or not an eved kanaan could be a mohel or not, right? Different sfaras why maybe not. Seems to be a big time machlokes tan up. For sure, man d'amrim that hold that eved kanaan could be a mohel. Rebbe Meir and Rebbe Yehudah respectively. Now, Rebbe Meir has a problem based on the fact that he's a kosher Rebbe Yehudah, right? I would say he's the shita at the end of the day. He holds that for sure an eved kanaan is able to be a mohel. But there's for sure it's said in the sugiyah that an eved kanaan could be a mohel. The Sha'ar HaMelech in Hilchos Avodas Kochavim in perek yud beis asks a bomba kasha. He actually brings the kasha from HaChacham [snorts] HaShalem Rebbe Akiva Eiger Ashkenazi z"l tzaddik l'bracha. So, freaks the Sha'ar HaMelech that we know that milah is doicheh Shabbos. Milah b'zmano, if the eighth day falls out on a Shabbos, so the halacha is that milah is doicheh Shabbos. Freaks the Sha'ar HaMelech, why is milah doicheh Shabbos? So, because you have no choice. Milah b'zmano b'Yom HaShmini afilu b'Shabbos. We know that the only time we say triya is if it's efshar l'kayemah shnayim. But if it's efshar l'kayemah shnayim, if you could do the mitzvah and at the same time not violate the issur, so the rule always is that you try your best to do it in a zman acher. So, freaks the Sha'ar HaMelech that if you hold that an eved kanaan is allowed to do bris milah, then in the event that you have access to an eved kanaan, the eved kanaan should be mechuyav to do the bris milah. Because an eved kanaan doesn't have to keep Shabbos. And if you hold that eved kanaan is kosher to do bris milah, so chamtza'is his milah is going to be a kosher milah. So, you'll get the milah b'zmano without being doicheh Shabbos. So, freaks the Sha'ar HaMelech, every milah that's doicheh Shabbos chotain achas if there's no option to have an eved kanaan. But in the event they have an eved kanaan that's able to do the bris milah, why is the milah doicheh Shabbos? L'chora, it's efshar l'kayemah shnayim by the yad an eved kanaan. A bomba from a kasha v'ruin ha'varim l'mishan. The Chasam Sofer in the Teshuvah, and this is in Yoreh De'ah siman kuf lamed beis, he brings this kasha. He says shamati makshin. Doesn't bring it from the Sha'ar HaMelech, from Rebbe Akiva Eiger Ashkenazi. In the bottom they say kasha is Rebbe Akiva Eiger Ashkenazi v'Rebbe Akiva Eiger Ashkenazi but the Chasam Sofer says shamati makshin this kasha. That if you hold that milah is kosher by the yad an eved kanaan, so why is milah doicheh Shabbos? L'chora, do it by the yad an eved kanaan it's efshar l'kayemah shnayim you don't have a kosher milah you won't be able to violate Shabbos. Says the Chasam Sofer, to me this kasha has no havana in the world. It's a bomba kasha, it's a fun kasha. But l'chora the kasha has absolutely no havana. Says, why? >> [snorts] >> Because every father has a chiyuv, he has a mitzvah to go ahead and do bris milah for his son. If the father's going to do the bris milah for his son or be m'maneh shliach to do it on his behalf, so then the father's going to get the mitzvah. If a is going to do it, even though the child will be gamur according to the man d'amrim that holds that a could do bris milah, but the father's not going to get the mitzvah. The father's not getting the mitzvah because he didn't do it and even though he told the to do it in shlichus b'akam. >> [laughter] >> If that's the case, it's not efshar l'kayemah shnayim. So, freaks the Chasam Sofer, what freaks Rebbe Akiva Eiger Ashkenazi shamati makshin the Sha'ar HaMelech's greatest kasha that what? That if you hold milah is kosher by the yad a so milah shouldn't be doicheh Shabbos because it's efshar l'kayemah shnayim. It's not efshar l'kayemah shnayim. It's efshar l'kayemah shnayim to have a milah, but it's not efshar l'kayemah shnayim to do the mitzvah. Because if the father does it by himself or he makes a shliach, he's going to get the mitzvah. But if he does it by the yad a he's not going to get the mitzvah. So, if that's the case, if that's the case, freaks the Chasam Sofer, it's a pli'a to me, I don't understand I don't understand pashut shat in this kasha. But the emes is like this. The emes is l'chora it's not pashut at all. The pli'a of the Chasam Sofer which would explain the Sha'ar HaMelech's kasha. So, again, the objective of this read by right now is to talk and learn a little bit b'sfat binyanei milah, real milah rate, but we're not coming to answer the Sha'ar HaMelech's kasha, we're coming to reinstate the Sha'ar HaMelech's kasha. So, that is the mission statement, that's the objective. So, again, the Sha'ar HaMelech asked a gevaldige kasha. He was nispal from this great kasha and different dayanim that talked about this kasha. The Chasam Sofer mamash dismissed it. He said to me the whole kasha is a to'is. I don't understand the kasha. The kasha is that if you hold milah is kosher by the yad a it's efshar l'kayemah shnayim, so why is a Yid allowed to do bris milah on Shabbos? It's not efshar l'kayemah shnayim. It's only efshar l'kayemah shnayim if you get the mitzvah, but if you're not getting the mitzvah, that means it's not efshar l'kayemah shnayim. And l'chora if a is going to do it, that means that the father is not going to be getting a mitzvah. But the emes is, I think there's a a very very important and obvious sugya to this rate, and that's in Gemara in perek Rebbe Eliezer d'Milah, shocking, maseches Shabbos daf kuf lamed gimmel amud aleph. It says in the Torah "Uviyom HaShmini yimal b'sar arlaso." And the Gemara brings a drasha that says, what do we learn from the word b'sar? It's an extra word. "Uviyom HaShmini yimal arlaso." What does b'sar arlaso mean? "Af al pi sheyeish bahares, yimal divrei Rebbe Shimon." That even if the child would have a bahares, there would be some sort of nega on the arlah. And we know that he is not allowed to cut a nega, it's a lo sa'aseh and a na'aseh to cut a nega. So, from the you would have thought that maybe he can't do bris milah. Kamashma lan the word b'sar, "Uviyom HaShmini yimal b'sar arlaso." B'sar, af al pi sheyeish bahares, yimal still the halacha is that you're allowed to do bris milah. Freaks the Gemara kasha. I need a pasuk to tell me that milah is doicheh bahares? That you're allowed to do bris milah even though there's a bahares? Now, first we say, of course I do. Because even though milah is a na'aseh, but bahares is a lo sa'aseh v'aseh. So, a na'aseh doicheh a lo sa'aseh but a na'aseh doicheh a lo sa'aseh v'aseh? But the Gemara's kasha is it's a davar she'einah miskaven. And davar she'einah miskaven is mutar. When this mohel goes ahead and he does the bris milah, what is he having in mind? He's having in mind to remove the bahares? Of course not. He's having in mind to do the bris milah. What should he do? There's a bahares over there. So, if you're going to remove the arlah, by definition you're going to end up removing the bahares. But his kavana is milah. His kavana is not to do the lav. If that's the case, it's a davar she'einah miskaven. Davar she'einah miskaven is mutar. So, you must have a bayis that you're right. And what about Nitzchav l'Rebbe Yehudah? D'amar davar she'einah miskaven is assur. And l'chora and l'chora nami according to Rebbe Shimon, who's the man d'amrim shas that holds davar she'einah miskaven is mutar. You don't need b'sar arlaso. Where is the negaya of this drasha? It's negaya Rebbe Yehudah who holds davar she'einah miskaven is assur. So, the fact that it's davar she'einah miskaven is not negaya to him. Rava said "Afilu tairu Rebbe Shimon, may Rebbe Shimon be b'sikreisha." He almost We know Rebbe Shimon is moider b'sikreisha. And here it's b'sikreisha. So, you can't do the bris milah if you don't have a mind to remove the bahares. You're removing the arlah. Freaks the Gemara, does Abaye not hold b'sikreisha? Everyone knows throughout shas whenever the Gemara brings sikreisha, how does the Gemara say it? "Abaye v'Rava d'amrei travaya moider Rebbe Shimon b'sikreisha." So, the Gemara says true, but shanim rabos safek. Initially, Abaye didn't hold b'sikreisha. But then when he heard Rava in this shakul v'tarya hold b'sikreisha, that's when he came around. He says, "Ah, I hear this shakul something called b'sikreisha." Either way, that's the Gemara. Again, "Uviyom [snorts] HaShmini yimal b'sar arlaso." The word b'sar is extra. This Gemara is a fundamental Gemara in the sugya of milah. Let's get right to it. "Uviyom HaShmini yimal b'sar arlaso." The word b'sar is extra. So, the Gemara is coming to be mechadesh that milah is doicheh tzara'as. Even though milah is only a na'aseh and this is a lo sa'aseh v'aseh and a na'aseh doicheh a lo sa'aseh v'aseh, over here it's going to work. Freaks the Gemara, pshita that it's a davar she'einah miskaven. Abaye said it's negaya Rebbe Yehudah holds davar she'einah miskaven is assur. Rava said "Moider Rebbe Shimon b'sikreisha." V'lo yomal send b'yad atzei b'sikreisha. This this halacha is negaya even according to Rebbe Shimon. But the Gemara has a follow up kasha. The Gemara says "Abaye leiba d'Rebbe Shimon hai b'sar may avlei." Abaye in his chashban, at least may chora before he was aware of the concept of sikreisha, he only was able to explain the word b'sar al yedei Rebbe Yehudah, leiba d'Rebbe Shimon not. So, how did Abaye understand the word b'sar in the world of Rebbe Shimon? Now, Rava doesn't have this problem because Rava knew sikreisha. Abaye didn't know sikreisha. You don't know sikreisha, you have to be m'yashiv. Rebbe Shimon, so the Gemara says that the case was with Avya ben was going to do the bris milah or and he said m'forash "Lo chutz bahares d'bnei Yisrael k'mo esav." He said m'forash "I'm having in mind lo chutz bahares." Meaning, it wasn't a davar she'einah miskaven, it wasn't even only a b'sikreisha. He actually had in mind. So, being that he had in mind, so in that case he's for sure going to be over the lav. Kamashma lan b'sar, it's okay. Clear? So, where is negaya b'sar in Rebbe Shimon's world? It's takke negaya by davar she'einah miskaven because davar she'einah miskaven is mutar. It's not even negaya al tzad b'sikreisha because at this point Abaye doesn't hold of moider Rebbe Shimon b'sikreisha. It's negaya where he m'forash has kavana. The guy says, "I'm I'm doing bris milah." He says "L'shem mitzvah for the bris milah." And then rachmana l'tzlan the am akula, he says "Lo chutz bahares d'bnei Yisrael k'mo esav." Talk about a confused man. On the one hand he's doing this great mitzvah, but I'm also having in mind that there's other kavanas to go ahead now and to cut off the bahares. Freaks the Gemara kasha. You mean to tell me that in that case it's going to be okay? You're ready? There's a chashuv Gemara. You mean to tell me that in that case b'sar would teach me that the na'aseh of milah is going to be doicheh the lo sa'aseh and na'aseh bahares? Freaks the Gemara, can't be. Bish l'meis if there's no one else there and he's the only mohel in town, this father's I hear. "Avdei Eved Akum if there's somebody else there, l'hav ed akum, then someone else should have to do it and b'sar shouldn't even allow you to do it." The amar Rebbe Shimon ben Lakish, "K'makom sh'atah motzei sa'aseh v'lo sa'aseh im at yochal l'kayemah shnayim mutav." Then Rava said "V'yeitzcha lo sa'aseh." We know the rule is the only time you say triya is where it's efshar l'kayemah shnayim. B'sar essentially is teaching me a mechudash d'gzeira. That [laughter] the na'aseh of milah is being doicheh lo sa'aseh v'aseh. But the only time triya ever works in every sugya triya in shas is where it's not efshar l'kayemah shnayim. But if it's efshar l'kayemah shnayim, yeah. The only reason there's a problem here is because this meshugana decided to have in mind to do an aveira. But if any normal mohel in the world would come and he would do the bris milah, then it would be fine. So it's yochid kayim shnayim if there was ever yochid kayim shnayim. So how could you tell me when a guy has kavana to do it that's besamim going to be matir it? How does no way in the world besamim going to be matir in this case? Reb Shimon holds besamim is okay when he has He has kavana, you can't do it either. There's no tair in that case. There's no basar. Why is there no basar? Cuz it's yochid kayim shnayim. I you get someone else doing it who's matir have the kavana. And for the Gemara, you're right, the lekacha. True, it's like yeah, there's no one else there. He's the only guy and his action is the only way I'm going to do it if he doesn't he's mikayem the mitzvah of milah. But in hanami, if this one is going to be someone else then the halacha is being that it's yochid kayim shnayim aydei d'achah in that case the tair is not going to work. So again, what are we taking out of this Gemara? We're taking out of this Gemara that the Gemara is mefurash that das say of milah is doche the lo say of say of Torah. A say is usually not doche lo say of say. But milah is different and milah is doche lo say of say. So it's not from a pasuk, it's not from the word basar. What comes out in the chashvei of the Gemara is even if you hold that chashvei is matir and even if you're not yet aware of the concept of sichra, like Abaye before he heard it from Rabba. In Reb Shimon holds chashvei is chashvei is matir. If the guy would have in mind mefurash katan that he is doing it lesheim mitzvah if there is no one else there so then besamim would be doche. Because in that case it's yochid kayim shnayim. But if somebody else would be there you'd say it's yochid kayim shnayim and even though a say is ba'eisim doche the lo say of say, but here it's yochid kayim shnayim. Right? Being that it's yochid kayim shnayim. Why is it yochid kayim shnayim? Because the only time you're over there is if you have kavana and only you are having kavana to do the aveira. Let someone else do it. I have in mind to do an aveira. In that case it's going to be like the Beis Halevi >> [snorts] >> in Chelek Aleph Siman Yud and freak Dafka Yam and Machshavah Gedolah Achronim. Why in the world is this yochid kayim shnayim? It's yochid kayim shnayim in the event that there's another person there. Why? Cuz the other person would do the bris milah. He's not going to have these bad kavanas and as a result the child would get the bris milah without being doche the issur without being doche the issur of taras. True says the Beis Halevi and Dafka Yam, the milah is going to take place bechayei gavna. But the father who is the one that has the mitzvah will not get the mitzvah if we're going to take it away from him and somebody else is going to do it. If someone else is going to do it, the father's not going to get it which means klappei the father it's not yochid kayim shnayim. So if it's not yochid kayim shnayim what does the Gemara say? And the Gemara says it's still about the lekacha. Even if there is an acher, it's still not yochid kayim shnayim. The reason it's not yochid kayim shnayim is because the mitzvah over here is for the father to do it. And if someone else is going to do it compared to the father didn't do it. And if the father didn't do it, so it's not yochid kayim shnayim. So what does the Gemara say? As I say like the Beis Halevi, as I say like Dafka Yam. A bomb kasha. Say the Beis Halevi and Dafka Yam, they each say in a different nosach. We're going to say it in Dafka Yam's nosach. But they both say the same thing. And that is I really we have to take a step backwards. This is a fundamental ray bite, right? Up until now it's not clear why this is so fundamental. But this is a fundamental ray bite. Very you say they have you say this in terms of understanding milah. It's a little tricky. But [snorts] it's you say they have you say this. And that is the mitzvah of milah, if you think about it, is a little bit of a complicated mitzvah, I think. For example, there's a mitzvah to take dalet minim on Sukkos. Very, very straightforward. What's the mitzvah? Take dalet minim and shake it, right? Spend the whole trying to find kosher dalet minim and then take it on by yom rishon and do the na'anuim and do the mitzvah. Right? The mitzvah of a very straightforward mitzvah. You go, you hear kolos. Good. How many kolos deoraisa and derabbanan? May have kolos beseder. >> [snorts] >> The mitzvah of achilas matzah, eating matzah. What's the mitzvah of milah? It's a lot of things, right? The mitzvah of milah is the one you have to make sure you yourself have a bris milah. Right? What if you're a tinok shenishba and I got you and one day you have that you have to do a bris milah. So you have to give yourself a bris milah. That's for sure included in the mitzvah of milah. >> [snorts] >> You have a child that's eight days old. You have a mitzvah which is a mitzvah of a father has a mitzvah to give his son a bris milah. The Gemara says in Kiddushin that if the father doesn't do the bris milah, there's a mitzvah on Beis Din to do it. The Rishonim say that if Beis Din doesn't do it, there's a mitzvah on all of Klal Yisrael to do it. Reb Chaim Volozhin the famous the Zeidah, right? Speaking of pride, the Zeidah, he has a chiyuv to go ahead and do. But the point is is there's a lot of different wrinkles to the mitzvah of milah. It's I have to give myself milah where applicable. I have to mal my son. Even in K'nani Mikdash Kaspah there's a halacha you have to give bris milah too. Right? There is a lot of different se'ifim and anafim of this eylon called the mitzvah of milah. Right? That's clear. And that's a that's part of the Now if you had to take the mitzvah of milah and put it in one phrase, right? What is the mitzvah of milah? Currently the mitzvah is to give yourself bris milah and to give your family bris milah. Right? Something along those lines. Now hopefully your father was mikayem giving his family bris milah and as a result when you become bar mitzvah so you can focus on putting on tefillin and not doing bris milah because you already got the bris milah when you were a little child. But the mitzvah is you get bris milah. But not just you get bris milah, you and and kol Yisrael Right? That's what what the what the mitzvah is. But said the Beis Halevi and said Dafka Yam one very important line this. And that is that it's cholak be yesod. The anaf of the mitzvah of milah which says that the child needs to be gamal it versus the anaf of the mitzvah of milah that says that the father has a mitzvah to go ahead and do the bris milah on his son. That says there is a chelek yesodi in terms of the stringency of how chomer we view does the child have the milah or not have the milah versus how chomer and how stringent we view did the father do the bris milah did Beis Din do it or did one of the other yidden do it? Right? Again, a child gives himself bris milah he's mikayem the second mitzvah in the Torah, milah acharonah, mitzvah of milah. Father does bris milah on his son he's mikayem that same exact mitzvah. If Beis Din does it they're mikayem the same mitzvah. If Ploni Almoni does it they're mikayem the same exact mitzvah. Right? They're all mikayem the same mitzvah. It's all the same mitzvah. One mitzvah that's mitzvah deoraisa there's nothing to talk about. >> [laughter] >> But there's a nafka minah chomer between me having the milah or not having the milah. Let's say it's me alone where I'm a bar mitzvah already and I don't have the bris milah. Am I going to do it am I not going to do it? So now what's at stake? Do I have a milah do I not have a milah? Or even when the child is eight days old, does the child have the milah does the child not have the milah? Versus who did the bris milah? Even though klappei who did it it makes a nafka minah cuz the father has a mitzvah. If the father does it he gets the mitzvah. And if someone else is going to do it now the father didn't get the mitzvah the other guy got the mitzvah. But in terms of chomer it's cholak be yesod. And says Dafka Yam, I'll prove to you that it's the way it is. Cuz the Rambam says mefurash. Rambam says mefurash at the beginning of Hilchos Milah that a child that doesn't give himself bris milah when he's nigdal he's chayav kares. We're not machlokes Rambam right here. Does he get kares right away or is it only after he dies? But what's the big raya in the third perek of Maseches uh Makkos and it's mefurash and I like it. And he's chayav kares. So he says within a day all these things, right? Within a day the chados it's nigday the chados and if you're not mevutal until you die. But the bottom line is is the child who doesn't get bris milah is chayav kares. It's a chayav kares. If the father is mevutal his mitzvah and he says I'm not doing the bris milah. I'm not doing it. And then Beis Din kicks in and Beis Din does it. The father's not chayav kares. And he was mevutal his mitzvah, but it's not on that level where it's going to be considered a a chayav kares. The gedolei milah she nichnasu b'risos. The gedolei milah that's doche lo say of say even though a say is usually not doche lo say of say because it says besaira lo say. That's true with regards to making the child from an aral to a mahul. That milah has a koach to be doche. But [laughter] the father's protistic mitzvah which is the same mitzvah in the Torah. Don't get me wrong. But that mitzvah is not gedolah enough that it would have this koach of tair. So said the Beis Halevi in his nosach. And said Dafka Yam in his nosach. And we're going to say it over in Dafka Yam's nosach. He said that's what's going on in this Gemara over here. He said it's true in the event that the father had in mind this weird kavana and that is ba'eir dibnei Yisrael miskavein. And now we're going to gan the mitzvah from him. We're going to say someone else is going to do it. It's true it's not yochid kayim shnayim from the standpoint of the father's mitzvah. Because if the father would have done it he'd get the mitzvah and now the father's not going to get the mitzvah. That's fine. But that mitzvah of the father getting the sachar for the milah and him being the one doing it was never koach of tair. That was never what was being doche. What was being doche is the child a mahul or is the child not a mahul? Well, regardless of whether the father does it or somebody else does it, the child is going to now be a mahul. And because now the child's going to be a mahul and it's the cheftz of the child being a mahul that gives this koach of tair. Well, if that's the case it is yochid kayim shnayim. Either father's not being mikayem his mitzvah or if the father's being mikayem his mitzvah. >> [laughter] >> At the end of the day he's going to be a mahul meets out the fact that it's being done in a different way. And as a result says the Beis Halevi and Dafka Yam, this meant that the Gemara The Gemara says even la'av d'achah. Domri Shmuel come out and say I say the lo say of say would have been doche lo say of say. What do you mean it's not yochid kayim shnayim? It's not yochid kayim yochid kayim shnayim. The father's not getting the mitzvah. The tair says the father's mitzvah might as well be in the sugiyah cuz that was never the tair. The father's mitzvah might as well be in the lo say of say. It's [laughter] making the child a mahul that's going to be the doche. That's what True is the child eight days old. So what does it mean making the child a mahul is being doche lo say of say? He's getting a mitzvah when he's older I hear it. But it's the cheftz of milah that's nichnasu b'risos which is a mitzvah because someone's going to get the mitzvah when he does it. And the child right you have the mitzvah that But the bottom line again, without going too crazy now, but the bottom line is it's that cheftz of the child becoming a mahul. That's what's being doche. And that is yochid kayim shnayim whether the father is the one that facilitated that or not. Klappei the father's mitzvah it's not absolutely because we don't care because the father's mitzvah is never what was going to make it happen. Let's go back to the Shaar Hamalka. Again, the objective is to reinstate the cash of the Shaar Hamalka. Take the Shaar Hamalka. The according to the from Yehuda, according to the in tucked away in the bottom of who holds that a can do bris milah. So why is milah always Shabbos? You have a Let the do it. And if the does it, you're not going to have to do that. Even the can do it. Okay, but even the So let the go ahead and do it. And it's absolutely fine. Why is it absolutely fine? Because the child is good. How's it absolutely fine if [laughter] the is going to do it? The father's not going to get the mitzvah. If the father does it, the father gets the mitzvah. Or if he makes a do it, the same as in the in the end it's good. So he's going to get the mitzvah. But if not, he's not going to get the mitzvah. Over here, if the does it, for sure the father's not getting the mitzvah. Because the father's not doing it, the is doing it. And it's And because so the father's not doing it. It's a to me. What's going on over here? How is this a It's not a It's not absolutely The It's a It's a Pick it up the milah. Not the way. In It's And you see clearly in the end. That even though the father's not the one that's going to do the mitzvah, so he's not absolutely And the And in his we spoke the because it's not the father's mitzvah that has the Now when it comes to the to the And our which is such an obvious not as it relates to milah being which is also It's also And it's the same exact The bottom line is if the absolutely has nothing if the has nothing to do with the father's mitzvah. It's related to the Take the Shaar Hamalka. If a can take this child and make him into a mall and he could be the one that was circumcising all of us. Again, it's a if there ever was one, but there is such a in And if this is something he can do, then why should a not be the one that does bris milah on Shabbos? You come to a milah on Shabbos, there should be an And a he should be the one doing the bris milah. As It's a And he said it's not absolutely fine. Yeah. Read it. Today is Shabbos with the read from the Levi. In the read from the This is classic issue. It would seem to be an obvious And again, how are we leaving it off? With a Right? This is what we're doing. This is a to to the So the on the Shaar Hamalka. So we're leaving off this read by reinstating the Hopefully with a the of the Shaar Hamalka.