Limud Torah

with Rav Chaim

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AN EARLY MILA CONTINUED

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The Minchas Chinuch says (from what he said in yesterdays's piece) that there is nothing intrinsically wrong with cutting off the Orlah earlier. It would just like burning Chametz before the time of the Mitzva of burning, which means there is no Mitzva to be done by the time the Mitzva comes around. The only Inyun would be what the Gemara says in Menachos about Davka getting a four cornered clothing to be able to Mikayim the Mitzva of Tzitzis. It protects the person when Hashem is angry. Therefore you cannot protest someone that does an early Mila.
 
We cannot say that the Torah, when saying to do the Mila on the eighth day, is in essence saying don't do it before hand, since we can't make up these Drashos by ourselves. Though we have a similar Drasha by Korbon Pesach, that the Torah says you eat at night, that Chazal say that it infers that it's prohibited to eat by day. This is the exception (for whatever reason.) Since we see the Rambam write the Issur of eating the Korbon Pesach by day but doesn't say that there is an Issur to do the Mila early, proves that the Issur is only relevant by Pesach and not Mila.
 
This is not like the Mishna L'Melech that says a Ben Ketura that does a Mila early or at night gets killed according to the Rambam (that says that a Mila at the wrong time you nee Hatafas Dam Bris.) Since a Ben Noach wasn't Yoitze the Mitzva he gets killed. According to the Rosh that holds that you don't need a Hatafas Dam Bris after an early Mila, then we can say that he's Yoitze and the Ben Ketura doesn't get killed. But how the Minchas Chinuch is learning, nobody did something wrong. Since there was no Orlah by the time of Mila, there was no Mitzva to begin with.
 
The Shaagas Aryeh argues on the Mishna L'Melech's assumption that the Rosh who holds you don't need Hatafas Dam Bris for an early Mila holds that you're Yoitze the Mitzva. He hold that since the Mitzva was not done properly he  cannot be Yoitze. He just hold that you don't need Hatafas Dam Bris only for someone born without an Orlah, since he could have a compressed Orlah underneath, or by a Ger that was circumcised while he was a Goy, since he needs to join the Bris. But a Jew with an early Mila doesn't need either fix, there is no reason to do Hatafas Dam Bris on him.
 

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