web analytics
April 18, 2014 / 18 Nisan, 5774
At a Glance
Judaism
Sponsored Post
Spa 1.2 Combining Modern Living in Traditional Jerusalem

A unique and prestigious residential project in now being built in Mekor Haim Street in Jerusalem.



Home » Judaism » Parsha »

Is Bris Milah A Mitzvas Assei She’hazman Gramma?

Taste-of-Lomdus-logo

Share Button

The Gemara in Kiddushin 29a derives from a pasuk in this week’s parshah that women are exempt from performing a bris milah on their sons. The pasuk says: “ka’asher tzivah oso Elokim” (Bereishis 21:4). The Gemara takes from the word “oso” (him) that women are exempt. The Rishonim there are disturbed by the following question: why is it necessary for this pasuk to be written in the Torah when it is a mitzvas assei she’hazman gramma (time-sensitive mitzvah), which women are exempt from performing?

Tosafos answers that since from the eighth day forward the mitzvah is continuous, it is not considered a mitzvas assei she’hazman gramma. Tosafos then points out that this answer is only applicable according to the opinion that holds that after the eighth day a bris milah may be performed at night as well as by day. For according to the opinion that a bris milah can only be performed by day, the mitzvah is not continuous – as it cannot be performed by night.

Some Acharonim ask on Tosafos that according to everyone one may not perform a bris milah on Shabbos or Yom Tov if it is after the eighth day. Thus, according to all opinions, the mitzvah should not be considered continuous.

Rav Akiva Eiger, zt”l, writes that this question does not even begin. He explains that the only thing that renders a mitzvah to be non-continuous is if there is a halacha of the mitzvah that dictates that it cannot be performed at this time. For example, since there is a halacha in bris milah that the bris may not be performed at night, the mitzvah is considered to have a time whereby it is not applicable and thus is considered a mitzvas assei she’hazman gramma. However, the reason that a bris may not be performed on Shabbos and Yom Tov by a Jew is not a halacha of bris milah but rather a halacha that on Shabbos and Yom Tov one may not make a wound. This results that a bris may not be performed.

But as far as the mitzvah of bris milah is concerned, it may be performed on Shabbos and Yom Tov. According to one opinion a non-Jew can perform a bris milah; if he were to perform the bris on Shabbos, it would be valid. We can compare the fact that we cannot perform a bris on Shabbos and Yom Tov to one who does not have a knife. The mitzvah applies except that one does not have the necessary equipment to perform the mitzvah on Shabbos. Thus the fact that it may not be performed on Shabbos or Yom Tov is not a reason for the mitzvah to be considered a mitzvas assei she’hazman gramma.

On a similar note the Shagas Aryeh (Turei Even Chagigah 16b d”h bnei) writes a novel idea on the matter. He begins with a Gemara in Pesachim 84a that says that women are obligated in the mitzvah of burning nosar (the leftovers of a korban). He asks: the Gemara says in Yevamos 72b that nosar must only be burnt during the day, not at night. It should then result that the mitzvah of burning nosar is a mitzvas assei she’hazman gramma. Why then are women obligated in this mitzvah?

The Shagas Aryeh says that the only time a time restriction renders a mitzvah a mitzvas assei she’hazman gramma is when the time restriction takes away from the performance of the mitzvah. For example, if the mitzvah of tefillin would exist at night we would be obligated to wear tefillin for the entire night. Since we are not obligated to wear tefillin at night, the time that we are obligated to perform the mitzvah is lessened. However, a mitzvah such as burning nosar is a one-time action; once it is burned the mitzvah is complete. The fact that we may not burn nosar at night does not lessen the mitzvah; it only gives us less time to perform that mitzvah. The Shagas Aryeh suggests that the only time restriction that creates a mitzvas assei she’hazman gramma is one that makes the mitzvah less – not one that restricts the time that one can do the mitzvah.

Share Button

About the Author: For questions or comments, e-mail RabbiRFuchs@gmail.com.


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

No Responses to “Is Bris Milah A Mitzvas Assei She’hazman Gramma?”

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Flyers ordered Jews to appear at a designated location in Ukraine, in Sept., 1941. The next day, the Jews lined up at the Babi Yar Ravine.
‘Jews Must Register’ Flyer in Ukraine an Echo of Babi Yar
Latest Judaism Stories
Reiss-041814-King

Amazingly, each and every blade was green and moist as if it was just freshly cut.

PTI-041814

All the commentaries ask why Hashem focuses on the Exodus as opposed to saying, “I am Hashem who created the entire world.”

Leff-041814

Someone who focuses only on the bones of the Torah makes his bones dry and passionless.

The following is President Obama’s statement on Passover (April 14, 2014). As he has in the past, the President held an official Passover Seder at the White House. Michelle and I send our warmest greetings to all those celebrating Passover in the United States, in Israel, and around the world. On Tuesday, just as we […]

The tendency to rely on human beings rather than G-d has been our curse throughout the centuries.

“Who is wise? One who learns from each person” (Pirkei Avot 4:1)

In Judaism, to be without questions is a sign not of faith, but of lack of depth.

“I’ll try to help as we can,” said Mr. Goodman, “but we already made a special appeal this year. Let me see what other funds we have. I’ll be in touch with you in a day or two.”

Rashi is bothered by the expression Hashem used: “the Jews need only travel.”

Reckoning Time
‘Three Festivals, Even Out Of Order’
(Beizah 19b)

Two husbands were there to instruct us in Texas hold ‘em – and we needed them.

Question: Why do we start counting sefirat ha’omer in chutz la’aretz on the second night of Pesach when the omer in the times of the Beit Hamikdash was cut on Chol HaMoed?

M. Goldman
(Via E-Mail)

A few background principles regarding the prohibitions of chametz mixtures on Pesach may provide some shopping guidance.

According to the Rambam, the k’nas applies to any chametz on Pesach with which one could, in theory, transgress the aveirah – even if no transgression actually occurred.

She was followed by the shadows of the Six Million, by the ever so subtle awareness of their vanished presence.

More Articles from Rabbi Raphael Fuchs
Taste-of-Lomdus-logo

According to the Rambam, the k’nas applies to any chametz on Pesach with which one could, in theory, transgress the aveirah – even if no transgression actually occurred.

Taste-of-Lomdus-logo

One difference between Bnei Yisrael and Bnei Noach is that shiurim only apply to Bnei Yisrael.

The Gemara, in Kiddushin 57b, searches for a source to confirm that the bird that is to be set free is permitted to be eaten after the process is concluded.

The Gemara (Niddah 31b) states that Rabbi Shimon bar Yochai was asked why a woman who gives birth must bring a korban.

The Ritvah understands that the kosher signs are not just “signs” indicating that a fish is kosher; rather, they are what actually render the fish kosher. This may also be applied to the kosher signs of an animal, but the Ritvah does not indicate this.

If a korban chatas cannot be brought as a nedavah, how can one read the parshah of the korban chatas if he is not certain that he is obligated to bring one?

Following the Minchah (afternoon) service, led by the Vyelipoler Rebbe, Rabbi Yosef Frankel, rally participants recited several passages of Tehillim.

    Latest Poll

    Now that Kerry's "Peace Talks" are apparently over, are you...?







    View Results

    Loading ... Loading ...

Printed from: http://www.jewishpress.com/judaism/parsha/is-bris-milah-a-mitzvas-assei-shehazman-gramma/2013/10/17/

Scan this QR code to visit this page online: