The Gemara brings a Drasha of "Orlaso" that only a definite Orlah can
have a Mila done on it on Shabbos, but not a Safeik Mila. Tosfos says
that it's not a real Drasha (but only an Asmachta) since it's Pashut that
you can't do Mila on a Safeik Orlah on Shabbos, since you might
transgress the Shabbos without doing a Mila. The Minchas Chinuch says
that it's a real Drasha. That it's definitely prohibited to perform a
Safeik Mila on Shabbos. A Nafka Mina is that if you do the Mila on
Shabbos you're Chayiv to bring a Chatos, and we don't say your exempt
since maybe there is an Orlah there. Since the Torah specifically forbade
a Safeik Orlah, then it's a definite Chilul Shabbos to do that Mila.
Another Nafka Mina is if nine babies that the eighth day is Shabbos are
mixed with one baby that Shabbos was the ninth day. If one of the babies
was separated from the group, you wouldn't be able to give him a Mila on
Shabbos. Though regularly we say that whatever is separated from a group
it's assumed that it came from the majority, but it is still not a
definite. The Torah only tells us that we may act as if it's from the
majority, but it doesn't make it definite from the majority.
This is similar to what the Torah only obligates to take Maaser Behama
from a definite tenth animal. A Safiek tenth is not obligated at all. The
Shita Mikubetzes in Bava Metzia says that if an exempt animal (by being
counted already) jumps in the pen with the uncounted animals, they're all
exempt. Any animal that passes by would be a Safeik tenth since we don't
know where the exempt one would be in the count. It wouldn't help just
letting them all wonder so that they'll all be separated from the group
and we'll say that they're from the majority that are obligated in Maaser
Behama. Since it would only be Halachically assumed obligated but not
definitely obligated they're all exempt.
| < Prev | Next > |
|---|
