Sunday, October 28, 2007

Parshas Lech Lecha: Safeik Mila on Yom Tov Sheini.

Last week for Parshas Lech Lecha I spoke about the halacha of a baby born bein hashemashos and the bris would fall out on Yom Tov Sheini. By Shabbos (for example the baby was born Friday night bein hashemashos) or the first day of Yom Tov we don't do the bris until after Shabbos or Yom Tov. How about a case where the 8th day would be Yom Tov Sheini (for example the baby was born Monday night bein hashemashos and Yom Tov Sheini is Tuesday).

This is a machlokes between the Rosh who holds we don't do the bris and the Rambam who holds we do the bris. The Mishna in Shabbos says clearly that wed on't do a safeik mila on the 2nd day of Rosh Hashana. The Rambam learns from here that this halacha only applies to the second day of Rosh Hashana but on any other Yom Tov Sheini we do the bris. The Rosh holds that the reason the mishna did not mention Yom Tov Sheini was because the mishna was written in Eretz Yisroel. They only had an issue with 2 days Rosh Hashana. Having 2 days for Pesach,Sukkos, Shavuous was never a problem and therefore the mishna did not address that issue. . However, in Chutz L'Aretz where we have Yom Tov Sheini we don't do a safeik bris.

L'ma'aseh the Shulchan Aruch paskens like the Rosh not to do the bris and the Shach paskens like the Rambam.

The gedolei haposkim like the Noda B'Yehuda, Chasam Sofer and Rabbi Akiva Eiger all say we should do the bris. Interestingly, their reasonings are all different but their conclusion is the same. The Noda B'Yehuda calls it a s'fek sfeika (safeik if bris is today or yesterday and even if bris was yesterday maybe today is not Yom Tov). The Chasam Sofer says that the safeik d'oreisa of a bris should be docheh the safek d'rabanan of Yom Tov. Everyone does agree that if it is a vadai mila shelo b'lo b'zmano ((for example the baby was born Monday night bein hashemashos and Yom Tov Rishon was Tuesday. We don't do the bris Tuesday and even on Wednesday which is Yom Tov Sheini we don't do the bris since on Wednesday it is definitely not the zman for the bris.)

I also saw that Rav Ahron Kotler (Mishnas Rav Aharon Siman 11) says l'chactchila the bris should be done on Yom Tov Sheini. The sefer Yom Tov Sheini K'hilchaso quotes both Rav Shlomo Zalman zt"l and Rav Elyashiv shlita as saying you should do the bris.

However, I spoke to a moheil and he told me noone does a bris on Yom Tov Sheini. I don't know why given the fact that most poskim hold you should do it.

Is anyone aware of a safeik bris that was done on Yom Tov Sheini?

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