Limud Torah

with Rav Chaim

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MILA DONE ON SHABBOS AFTER THE EIGHTH DAY

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Mila is only can be done on Shabbos if it is on the eighth day. After that, it must be pushed off to the next day. If someone transgressed and did the Mila on Shabbos, it would seem from Shabbos 137a that he's Yoitze.
 
This doesn't fit well to the Shita that holds that if you do what the Torah says not to do, it doesn't work. Yet, here, it seems it does work and it's a Mila? We cannot answer in the same way the Maharit answers Schita on Shabbos why it's Kosher. He reasons, if it's not Kosher, then the Schita would be ruining the animal (Kilkul) and you're not Chayiv on Shabbos unless you fix something. So if we would say it doesn't work, then you wouldn't have a Malacha that is Chayiv on Shabbos, so we need to say that it is still Kosher.
 
Here, by Mila, even if it wouldn't be a good Mila, still there is no foreskin (Orlah) on him anymore and it would still be a Tikun (fixed something) and not a Kilkul (just ruining something.)
 
Also, we must wonder, that Shitas Rambam is that even a one time offender of transgressing Shabbos becomes a Mumar. If we say that even a Pasul Mila is consider a Tikun, therefore if someone did a Mila after the eighth day on Shabbos, he's definitely transgressed Shabbos and he's a Mumar. But if we entertain the thought that it's a Kilkul, then it's a Mila of a Mumar and is Pasul. If so, then it's Kilkul and didn't really transgress Shabbos. Then he's not a Mumar so the Mila is good so he transgressed Shabbos and he is a Mumar. This reasoning can go in circles without being resolved.
 
Another reason why he might not be Yoitze the Mila, since it's a Mitzva Haba B'Aveira (a Mitzva that happens through an Aveira.) Even according to Tosfos who holds that Mitzva Haba B'Aveira is only not Yoitze MiDarabanan, still, he would need Hatafas Dam Bris at least Midarabanan. 
 

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