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December 22, 2018 11:49 pm at 11:49 pm #1649335
#Rebchaim #06 part 1 version 1, DATE: 8/31/18
לזכות רפואה שלמה של מינא חנה בת שרה פייגא
Objective: To explain the why the Rambam holds that the mila of an an eved born from a mother who wasn’t immersed lesheim avdus yet isn’t doche Shabbos.
Quick summary: The Rambam holds that since the baby is still a goy until it undergoes its own tevila, right now there’s no chalos din mila to be doche Shabbos.
Mareh makom: http://www.hebrewbooks.org/pdfpager.aspx?req=39831&st=&pgnum=13
(or pages 13 and 14 in the Reb Chaim pdf)
A. The Rambam says that just like the circumcision of boys is can be done on Shabbos, so too the circumcision of servants can be done on Shabbos, as an eved canaani is also considered Jewish.
B. The Rambam says, however, that if the servant child was born from a maidservant who gave birth before undergoing a tevila (le’sheim avdus), the mother is considered a goy and the servant baby is circumcised on the 8th but it can’t be done on Shabbos.
C. The Raavad questions the previous case, wondering how the Rambam can make such a chiluk that the servant is circumcised on the 8th day but it isn’t doche Shabbos. (As clarified in the next step, they are dependent on each other.) He suggests maybe the Rambam isn’t sure if we hold like Rav Chama (clarified in step II) or not, so lechumra the baby gets circumcised on the 8th day but isn’t doche Shabbos.
Reb Chaim clarifies the Raavad’s question.
A. On Shabbos 135A, Rav Asi says that if the mother wasn’t tamei when she gave birth (ie, wasn’t Jewish), the baby isn’t circumcised on the 8th day. We learn this from the pesukim in Tazria- if a women gives birth to a male she is tamei, then on the 8th day the baby is circumcised.
B. Gemara quotes a machlokes between Rav Chiya bar Rav and Rav Huna if a C-Section baby or a baby with 2 foreskins is doche Shabbos or not, but everyone agrees the C-section baby is circumcised on the 8th day even though the mother isn’t tamei leida by a C-section! (The baby with 2 orlos isn’t doche Shabbos for an external reason that is beyond the scope of this summary)
C. The gemara answers that they are dependent on each other- if you’re not circumcised on the 8th day it’s not doche Shabbos. Reb Chaim says that this is what the Raavad’s question is based on- since they have the same din, how can you say the baby is circumcised on the 8th day but isn’t doche Shabbos?
D. The gemara continues and quotes a braysa. The tana kama says that as long as your maidservant gave birth to a baby boy, that baby servant is circumcised on the 8th day. Rav Chama says the baby is only circumcised on the 8th day if the mother had tevila first, thus rendering her a halachic eved canaani and Jewish. As a result, the baby is a halachic eved canaani instead of a goy and can get circumcised on the 8th. But if the baby was born before the mother underwent the tevila, the mother is a full-fledged goy and so is the baby. As such, this baby isn’t circumcised on the 8th. So Reb Chaim says this is what the Raavad was suggesting- the Rambam wasn’t sure if the halacha is like the Tana Kama or Rav Chama. Therefore, we go lechumra both ways. The baby servant whose mother didn’t do tevila yet is circumcised on the 8th, but it isn’t doche Shabbos. But Rav Chama and the Tana Kama both agree that if the baby is circumcised on the 8th day then it’s doche Shabbos.
Reb Chaim would like to answer for the Rambam that of course he held like the Tana Kama and the baby is circumcised on the 8th day. However, the baby would still not be circumcised on Shabbos. The reason is that only a Jewish baby is doche Shabbos, including an eved canaani. This baby, however, is a goy, even after the bris mila, until he undergoes tevila. Therefore, there’s no chalos din of “bris” on him yet. By way of proof, If he never undergoes tevila, the bris was never a mitzvah. As such, his bris isn’t doche Shabbos. True, there is a din of 8th day like any bris, but to be doche Shabbos you have to be in the parsha of the mitzva of mila.
Reb Chaim is so sure of this pshat in the Rambam that he now asks, how could the Raavad argue on this logic? Why should a goy’s mila, which may not even be a mila in the end, be doche Shabbos?
A. Reb Chaim answers that the Raavad could hold like the Ramban that you could do the tevila and then the mila. So now the Raavad would be asking on the Rambam, how could you state that the bris of an eved canaani whose mother was a goy isn’t doche Shabbos? He could have had the tevila and then the mila.
B. And the Rambam would hold like Tosfos on Yevamos daf 47 that you need to do mila and then tevila.
A. Reb Chaim now has another chiddush- even if the mila would complete the geirus of the baby eved canaani, the Rambam would STILL hold it’s not doche Shabbos. While a regular Jewish baby has a din of mila inherent in his body, this baby eved canaani has no internal din of mila. There’s an obligation on his master to circumcise him, but it’s like any mila for geirus which isn’t doche Shabbos since no internal obligation of mila, as the baby is still a goy.
B. The Raavad would hold that as long as there’s an obligation to do mila on the 8th day, that mila is doche Shabbos, even if the baby is currently a goy.
A. Reb Chaim has a strong kashya on everything he said- later on in halacha 11, the Rambam says that by a c section baby or a baby with 2 foreskins, even though both of these cases are Jewish babies, they are on the 8th day but not doche Shabbos. Why not? They’re Jewish and have an internal chiyuv of mila!
B. Reb Chaim now says that this is the kashya of the Raavad- why isn’t the bris of a C-section baby doche Shabbos if it’s on the 8th, since one is dependent on the other! But the Raavad would admit that it’s logical that a baby eved canaani’s bris who was born from a goy wouldn’t be doche Shabbos.
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