Getting the Baby to the Bris on Shabbos
Q. I am making a Bris on Shabbos and I would like to do it in Shul but there is no Eruv where I live. Would I be able to ask a non-Jew to bring the baby?
A Bris Milah that is performed on the eighth day overrides Shabbos[1]. The Bris is performed on Shabbos, even though it involves activities that would otherwise be forbidden. Our sages derive this from the verse[2] “on the eighth day you shall circumcise the flesh of his foreskin”. The words “on the eighth day” teach us that the Bris must take place on the eighth day, even if it coincides with Shabbos. The more specific conditions of when a Bris can be made on Shabbos are discussed in Shluchan Aruch Orach Chaim Siman 331.
This derivation only applies to performing the actual Bris itself[3] as well as the necessary treatment after the Bris is performed, that are permitted as acts of Pikuach Nefesh – life-saving treatments[4]. Activities which are defined as Machshirei Milah - preparatory activities for the Bris, are not included[5].
Even if it will result in pushing off the Bris, one may not desecrate Shabbos for preparatory activities, even if they only entail a Rabbinic prohibition[6]. The Rabbis have the ability and authority to enforce their Rabbinic enactments, even if it supersedes a Biblical Mitzvah that carries the punishment of Kareis (spiritual excision) such as the Bris Milah[7].
An example of Machshirei Milah would be the Mohel fixing his scalpel. Bringing the knife to the house where the Bris will take place is also Machshirei Milah. A Jew would not be permitted to sharpen the blade on Shabbos and would not be able to transport it on Shabbos if there is no Eruv.
Asking a Non-Jew to Perform Forbidden Activities for the Bris
One cannot generally ask a non-Jew to do anything on Shabbos that we ourselves may not do. This is a Rabbinic prohibition enacted to protect the sanctity of Shabbos.
There are cases, where under certain conditions, Amira Lenochri may be permissible. One of the exceptional cases is for the sake of a Mitzvah.
Even in the case of a Mitzvah, one may only ask a non-Jew to do a Rabbinically forbidden act. One may not ask a non-Jew to do a Biblically forbidden Melacha. If the forbidden activity is only Rabbinic, we apply the rule Shvus D’shvus Bemakom Mitzvah. This means that since the activity itself is only Rabbinically forbidden and asking a non-Jew to do something forbidden on Shabbos is also only Rabbinically forbidden, in the case of a Mitzvah it is permissible.
Based on this, one would not be allowed to ask a non-Jew to sharpen the blade, since this would involve a Biblical prohibition[8]. Similarly, one would not be allowed to ask a non-Jew to transport the knife through a fully-fledged Reshus Harabim (public domain) where carrying is Biblically forbidden[9].
However, one could instruct a non-Jew to transport the knife through a Karmelis, which is an area where carrying is only Rabbnically forbidden.
There is a minority opinion[10] that for the sake of a Mitzvah, one may ask a non-Jew to do a Biblically forbidden Melacha. We do not follow this opinion in the laws of Amira Lenochri[11]. However, in the case of a Bris, one may rely on this opinion if this is the only way that the Bris could take place on Shabbos. This leniency applies to Machshirei Milah as well. The reason for this leniency is because performing the Bris Milah itself overrides Shabbos[12].
Bringing the Baby to Shul where there is no Eruv
Based on our discussion, it would seem clear that if the Bris is taking place in Shul, one would be able to ask a non-Jew to carry the baby to Shul, even through a Reshus Harabim. It should certainly be allowed in a Karmelis, where carrying is only Rabbinically forbidden.
However, the Magen Avraham[13] rules that one may not ask a non-Jew to bring the baby to Shul for the Bris. His argument is that the ‘Mitzvah’ status of this action is questionable, because one could make the Bris at home, as is often done when it is cold. Since there is no Mitzvah necessity for the Bris to take place in Shul, we cannot rely on the leniency of allowing a non-Jew to push or carry the baby.
This ruling is brought by the Alter Rebbe[14], the Mishna Berura[15] and Aruch Hashulchan[16].
There is a dissenting opinion[17] which permits allowing a non-Jew to bring the baby to perform the Bris in Shul, since this will enhance the Mitzvah by enabling it to be fulfilled with more participants. Based on the verse[18] “The King’s glory is in a multitude of people”, our sages teach that a Mitzvah performed with more people present, is more Mehudar. Additionally, there are those who write that it is always preferable to make a Bris in the Shul rather than at home.
Nishmas Hashabbos[19] writes that even those who are lenient, should only do so in order to make the Bris in a Shul. One should not rely on any leniency in Amira Lenochri in order to make the Bris in a hall or in a different house, unless no minyan would otherwise be available for the Bris[20].
A Non-Jew Pushing a Baby for other Reasons
Our discussion only relates to pushing the baby for the sake of a Bris. Even then, most Poskim rule that one may not ask a non-Jew to push or carry the baby to perform the Bris in Shul, even if the area is only a Karmelis. Performing the Bris is Shul is not deemed enough of a Mitzvah to permit the leniency of Amira Lenochri.
When there is no Mitzvah at all, all authorities would agree that one cannot ask a non-Jew to transport a baby in a place where there is no Eruv, even if it is only a Karmelis.
The Acharonim are left perplexed by a ruling of the Mishna Berura[21] which seems to suggest that one could ask a non-Jew to transport a baby on Shabbos, even if it is not for the sake of a Mitzvah. His leniency is based on the reasoning that we no longer have a Reshus Harabim. This is a deviation from the accepted Halacha that one may only ask a non-Jew to perform a Rabbinically forbidden action, for the sake of a Mitzvah.
The Mishna Berura cites the Pri Megadim[22] as the source of this ruling. However, the Pri Megadim is quoting the ruling of the Magen Avraham that concerns the case of a Bris Milah. If so, how can the Mishna Berura extrapolate from this to cases where there is no Mitzvah at all?
Addtionally, this ruling of the Mishna Berura contradicts his own ruling in the laws of Bris Milah on Shabbos[23], where even in the case of a Bris, he does not encourage transporting a baby by a non-Jew.
The later Acharonim try to reconcile the Mishna Berura’s rulings. Az Nidberu[24] writes that the Mishna Berura must be discussing a case where the child is crying and refusing to move. This would be considered a Tzorech Gadol, a case of great need. Like the case of a Mitzvah, a Tzorech Gadol, especially in relation to the needs of a child, is also grounds to permit asking a non-Jew to transport the child. However, he remains perplexed why the Mishna Berura did not explain the full details of the case.
Others suggest that the Mishna Berura here is also referring to a case of Tzorech Mitzvah which could not be done in any other way. Again, if this was the Mishna Berura’s intent, why did he not specify the details of the case which form the basis for leniency?
Shemiras Shabbos Kehilchasa[25] writes that where there is no Mitzvah purpose, whether one can ask a non-Jew to push the baby or not, depends on the custom of the place. Where there is no established custom, one can be lenient, relying on the Mishna Berura’s ruling.
As we have seen, it is questionable whether this is in fact the intent of the Mishna Berura. It also goes against the rulings of the majority of Acharonim, including the Magen Avraham, Pri Megadim, Shulchan Aruch Harav and Aruch Hashulchan. Bnei Torah should certainly follow the stricter approach, especially those who follow the rulings of the Alter Rebbe.
Even those who rely on the lenient approach, must remove all items that are not needed for the baby from the stroller, since the leniency only applies to transporting the baby and not to other personal articles[26].
___________________________
[1] Shabbos 132a, Shulchan Aruch Yoreh Deah 266:2, Shulchan Aruch Harav 331:1
[2] Vayikra 12:3
[3] Milah and Periah
[4] Shulchan Aruch Harav Orach Chaim 331:1. This is why the Metzitza can be performed. This also includes applying ointments and bandages after the Bris.
[5] Mishna 130a, Shulchan Aruch Yoreh Deah 266:10, Shulchan Aruch Harav 331:7
[6] Shabbos 130b, Shulchan Aruch Harav 331:7
[7] Pesachim 92b, Shulchan Aruch Harav 330:7
[8] Shulchan Aruch 331:6, Shulchan Aruch Harav 330:7
[9] Shulchan Aruch Yoreh Deah 266:5
[10] Baal Halachos Gedolos laws of Milah 23:3 and Baal Haitur laws of Milah 49a
[11] Shulchan Aruch Harav 306:5 and 306:24
[12] Magen Avraham 331:5, Shulchan Aruch Harav 331:7
[13] Magen Avraham 331:5, Shulchan Aruch Harav 331:8
[14] Shulchan Aruch Harav 331:8
[15] 331:20
[16] Orach Chaim 331:6
[17] Ta”z Yoreh Deah 366:4
[18] Mishlei 14:28
[19] Hilchos Milah (Orach Chaim 331) Siman 34
[20] He writes that having a Minyan of 10 is a bonafide Mitzvah that would permit Amira Lenochri. Additional guests beyond a Minyan is only an extra Hiddur.
[21] Orach Chaim 308:154
[22] Eshel Avraham 308:71
[23] 331:20
[24] 8:31
[25] 38:28
[26] Shemiras Shabbos Kehilchasa ibid footnote 84
A Bris Milah that is performed on the eighth day overrides Shabbos[1]. The Bris is performed on Shabbos, even though it involves activities that would otherwise be forbidden. Our sages derive this from the verse[2] “on the eighth day you shall circumcise the flesh of his foreskin”. The words “on the eighth day” teach us that the Bris must take place on the eighth day, even if it coincides with Shabbos. The more specific conditions of when a Bris can be made on Shabbos are discussed in Shluchan Aruch Orach Chaim Siman 331.
This derivation only applies to performing the actual Bris itself[3] as well as the necessary treatment after the Bris is performed, that are permitted as acts of Pikuach Nefesh – life-saving treatments[4]. Activities which are defined as Machshirei Milah - preparatory activities for the Bris, are not included[5].
Even if it will result in pushing off the Bris, one may not desecrate Shabbos for preparatory activities, even if they only entail a Rabbinic prohibition[6]. The Rabbis have the ability and authority to enforce their Rabbinic enactments, even if it supersedes a Biblical Mitzvah that carries the punishment of Kareis (spiritual excision) such as the Bris Milah[7].
An example of Machshirei Milah would be the Mohel fixing his scalpel. Bringing the knife to the house where the Bris will take place is also Machshirei Milah. A Jew would not be permitted to sharpen the blade on Shabbos and would not be able to transport it on Shabbos if there is no Eruv.
Asking a Non-Jew to Perform Forbidden Activities for the Bris
One cannot generally ask a non-Jew to do anything on Shabbos that we ourselves may not do. This is a Rabbinic prohibition enacted to protect the sanctity of Shabbos.
There are cases, where under certain conditions, Amira Lenochri may be permissible. One of the exceptional cases is for the sake of a Mitzvah.
Even in the case of a Mitzvah, one may only ask a non-Jew to do a Rabbinically forbidden act. One may not ask a non-Jew to do a Biblically forbidden Melacha. If the forbidden activity is only Rabbinic, we apply the rule Shvus D’shvus Bemakom Mitzvah. This means that since the activity itself is only Rabbinically forbidden and asking a non-Jew to do something forbidden on Shabbos is also only Rabbinically forbidden, in the case of a Mitzvah it is permissible.
Based on this, one would not be allowed to ask a non-Jew to sharpen the blade, since this would involve a Biblical prohibition[8]. Similarly, one would not be allowed to ask a non-Jew to transport the knife through a fully-fledged Reshus Harabim (public domain) where carrying is Biblically forbidden[9].
However, one could instruct a non-Jew to transport the knife through a Karmelis, which is an area where carrying is only Rabbnically forbidden.
There is a minority opinion[10] that for the sake of a Mitzvah, one may ask a non-Jew to do a Biblically forbidden Melacha. We do not follow this opinion in the laws of Amira Lenochri[11]. However, in the case of a Bris, one may rely on this opinion if this is the only way that the Bris could take place on Shabbos. This leniency applies to Machshirei Milah as well. The reason for this leniency is because performing the Bris Milah itself overrides Shabbos[12].
Bringing the Baby to Shul where there is no Eruv
Based on our discussion, it would seem clear that if the Bris is taking place in Shul, one would be able to ask a non-Jew to carry the baby to Shul, even through a Reshus Harabim. It should certainly be allowed in a Karmelis, where carrying is only Rabbinically forbidden.
However, the Magen Avraham[13] rules that one may not ask a non-Jew to bring the baby to Shul for the Bris. His argument is that the ‘Mitzvah’ status of this action is questionable, because one could make the Bris at home, as is often done when it is cold. Since there is no Mitzvah necessity for the Bris to take place in Shul, we cannot rely on the leniency of allowing a non-Jew to push or carry the baby.
This ruling is brought by the Alter Rebbe[14], the Mishna Berura[15] and Aruch Hashulchan[16].
There is a dissenting opinion[17] which permits allowing a non-Jew to bring the baby to perform the Bris in Shul, since this will enhance the Mitzvah by enabling it to be fulfilled with more participants. Based on the verse[18] “The King’s glory is in a multitude of people”, our sages teach that a Mitzvah performed with more people present, is more Mehudar. Additionally, there are those who write that it is always preferable to make a Bris in the Shul rather than at home.
Nishmas Hashabbos[19] writes that even those who are lenient, should only do so in order to make the Bris in a Shul. One should not rely on any leniency in Amira Lenochri in order to make the Bris in a hall or in a different house, unless no minyan would otherwise be available for the Bris[20].
A Non-Jew Pushing a Baby for other Reasons
Our discussion only relates to pushing the baby for the sake of a Bris. Even then, most Poskim rule that one may not ask a non-Jew to push or carry the baby to perform the Bris in Shul, even if the area is only a Karmelis. Performing the Bris is Shul is not deemed enough of a Mitzvah to permit the leniency of Amira Lenochri.
When there is no Mitzvah at all, all authorities would agree that one cannot ask a non-Jew to transport a baby in a place where there is no Eruv, even if it is only a Karmelis.
The Acharonim are left perplexed by a ruling of the Mishna Berura[21] which seems to suggest that one could ask a non-Jew to transport a baby on Shabbos, even if it is not for the sake of a Mitzvah. His leniency is based on the reasoning that we no longer have a Reshus Harabim. This is a deviation from the accepted Halacha that one may only ask a non-Jew to perform a Rabbinically forbidden action, for the sake of a Mitzvah.
The Mishna Berura cites the Pri Megadim[22] as the source of this ruling. However, the Pri Megadim is quoting the ruling of the Magen Avraham that concerns the case of a Bris Milah. If so, how can the Mishna Berura extrapolate from this to cases where there is no Mitzvah at all?
Addtionally, this ruling of the Mishna Berura contradicts his own ruling in the laws of Bris Milah on Shabbos[23], where even in the case of a Bris, he does not encourage transporting a baby by a non-Jew.
The later Acharonim try to reconcile the Mishna Berura’s rulings. Az Nidberu[24] writes that the Mishna Berura must be discussing a case where the child is crying and refusing to move. This would be considered a Tzorech Gadol, a case of great need. Like the case of a Mitzvah, a Tzorech Gadol, especially in relation to the needs of a child, is also grounds to permit asking a non-Jew to transport the child. However, he remains perplexed why the Mishna Berura did not explain the full details of the case.
Others suggest that the Mishna Berura here is also referring to a case of Tzorech Mitzvah which could not be done in any other way. Again, if this was the Mishna Berura’s intent, why did he not specify the details of the case which form the basis for leniency?
Shemiras Shabbos Kehilchasa[25] writes that where there is no Mitzvah purpose, whether one can ask a non-Jew to push the baby or not, depends on the custom of the place. Where there is no established custom, one can be lenient, relying on the Mishna Berura’s ruling.
As we have seen, it is questionable whether this is in fact the intent of the Mishna Berura. It also goes against the rulings of the majority of Acharonim, including the Magen Avraham, Pri Megadim, Shulchan Aruch Harav and Aruch Hashulchan. Bnei Torah should certainly follow the stricter approach, especially those who follow the rulings of the Alter Rebbe.
Even those who rely on the lenient approach, must remove all items that are not needed for the baby from the stroller, since the leniency only applies to transporting the baby and not to other personal articles[26].
___________________________
[1] Shabbos 132a, Shulchan Aruch Yoreh Deah 266:2, Shulchan Aruch Harav 331:1
[2] Vayikra 12:3
[3] Milah and Periah
[4] Shulchan Aruch Harav Orach Chaim 331:1. This is why the Metzitza can be performed. This also includes applying ointments and bandages after the Bris.
[5] Mishna 130a, Shulchan Aruch Yoreh Deah 266:10, Shulchan Aruch Harav 331:7
[6] Shabbos 130b, Shulchan Aruch Harav 331:7
[7] Pesachim 92b, Shulchan Aruch Harav 330:7
[8] Shulchan Aruch 331:6, Shulchan Aruch Harav 330:7
[9] Shulchan Aruch Yoreh Deah 266:5
[10] Baal Halachos Gedolos laws of Milah 23:3 and Baal Haitur laws of Milah 49a
[11] Shulchan Aruch Harav 306:5 and 306:24
[12] Magen Avraham 331:5, Shulchan Aruch Harav 331:7
[13] Magen Avraham 331:5, Shulchan Aruch Harav 331:8
[14] Shulchan Aruch Harav 331:8
[15] 331:20
[16] Orach Chaim 331:6
[17] Ta”z Yoreh Deah 366:4
[18] Mishlei 14:28
[19] Hilchos Milah (Orach Chaim 331) Siman 34
[20] He writes that having a Minyan of 10 is a bonafide Mitzvah that would permit Amira Lenochri. Additional guests beyond a Minyan is only an extra Hiddur.
[21] Orach Chaim 308:154
[22] Eshel Avraham 308:71
[23] 331:20
[24] 8:31
[25] 38:28
[26] Shemiras Shabbos Kehilchasa ibid footnote 84