Question #1: Inexperienced Father

Abba Chodosh asks me the following question: “Before we relocated for a particular job, I had trained as a mohel. Since our children born since that time were daughters, I never ended up performing a bris without the supervision of an experienced mohel. Now that my son was born, am I required to perform the bris myself?”

Question #2 Successful Mezuzos

Baal Eisektov asks: “Thank G-d, we are inaugurating a new branch of our business. Common practice is to give a rav the honor of installing the mezuzos. But shouldn’t I be doing that myself, because of the principle of mitzvah bo yoseir mibishlucho?”

Question #3 Sharing the Challah

Leah asks me: “Recently, I participated in a tour of a large bakery, and the mashgiach offered me to take challah there, which I did. Someone afterwards told me that the mashgiach should not have been so free in giving away his mitzvah. Did he, indeed, do something wrong?”

Answer: May I delegate?

One of the most basic rules of business and life management is to learn how to entrust responsibility and tasks to others. Does this concept extend to the observance of mitzvos? If I have a mitzvah to carry out, am I permitted to assign it to someone else?

All of the questions asked above are contingent on the same basic underlying issue: Under what circumstances may I hand over the performance of a mitzvah that I could do myself?

The basics

The Gemara rules that one fulfills a mitzvah when it is performed by an agent, although it is preferable to do it himself (Kiddushin 41a). This is called mitzvah bo yoseir mibishlucho, it is better to perform a mitzvah yourself, rather than have someone else do it for you. This rule is not needed in cases of mitzvah shebegufo, where the mitzvah is incumbent on a person to do with and upon his own body, and a sheliach cannot be made at all. An example of the latter case is the wearing of tefillin: I cannot make someone an agent for me by asking that he don tefillin in my stead, because the mitzvah is that the tefillin be placed on my arm and my head.

Anything done wrong?

Our first consideration is: Granted that, under normal circumstances, a person should perform the mitzvah himself, has he violated anything by requesting that an agent do it for him? The Gemara implies that a person (a meshalei’ach) delegating someone else to perform a mitzvah for him has done nothing wrong; he has, however, forfeited an opportunity to perform a mitzvah.

However, other factors may have an impact on the final ruling. Let us consider, for a moment, the situation above, where the father has been trained as a mohel, but is lacking extensive experience. What if his wife, the baby’s mother, prefers that he not perform the bris, and that they opt to use an experienced mohel instead? Does Abba’s shalom bayis become a factor in whether or not he should perform the bris? If he is not violating anything by appointing an agent, then I would personally rule that his wife’s serenity is the most important factor. However, this may not be true if it is prohibited to assign the mitzvah to someone else.

Are there circumstances in which it is fine to have the agent perform a mitzvah for me? What are the halachic principles upon which I can base my decision?

Kisuy hadam practices

Much of the halachic literature discussing these questions originates with the mitzvah of kisuy hadam. The Gemara teaches that the mitzvah of kisuy hadam, the Torah’s requirement that one cover the blood with earth after shechting poultry or chayos, such as deer and antelope is incumbent upon the shocheit. According to the rule of mitzvah bo yoseir mibishlucho, the shocheit should cover the blood himself. Yet, it was, and is, common practice that shochatim honor someone else with fulfilling the mitzvah. Is this permitted? Let us see if we can find Talmudic precedents for the practice.

Kohen application

The Gemara (Bava Kamma 110a) teaches that an elderly or ill kohen for whom it is difficult to offer a korban himself may bring his korban to the Beis Hamikdash and ask a different kohen to offer it in his stead. Notwithstanding that it is a mitzvah of the elderly kohen, he may delegate the performance of the mitzvah, since it is difficult for him. Thus, we see that, at least under certain circumstances, one does not violate halachah by asking someone else to perform a mitzvah in one’s place. The Tevuos Shor (28:14) notes that we see from this Talmudic passage that there are situations in which a person is able to perform a mitzvah himself, yet he has the option of passing the opportunity to someone else.

Yibum application

Here is another Talmudic precedent that permits someone required to observe a mitzvah to defer it to someone else. One of the Torah’s mitzvos, yibum, is that a man should marry his late brother’s widow, if his brother left no descendents. The Mishnah teaches that the mitzvah devolves specifically upon the oldest surviving brother. If he chooses not to fulfill the mitzvah, then and only then does the mitzvah pass to his younger brother.

The Gemara (Yevamos 44a) discusses a situation in which there are at least seven brothers in a family, of whom five are married without any children. The five married brothers all die, thereby creating five mitzvos of yibum for the oldest brother to perform. The Gemara’s conclusion is that if the oldest brother wants to marry as many as four of the widows, he may, clearly noting that he is not required to do so, even should he have the financial and physical ability to provide the needs of all four widows. The Gemara advises against his marrying more than four, out of concern that he will not be able to provide his new wives with sufficient attention. (We can definitely conclude that marital expectations have changed since the time of the Gemara.)

The Tevuos Shor (28:14) notes that we see from this Talmudic passage that there are situations in which a person could perform a mitzvah himself, yet he has the option of passing the opportunity to someone else. Based on this and other Talmudic sources, the Tevuos Shor justifies the practice of shochatim honoring someone else with the mitzvah of kisuy hadam.

This ruling of the Tevuos Shor can be used to explain the practice that forms the basis of Mr. Eisektov’s question. Why is there a common practice of honoring a respected rav with installing mezuzos at a new business? The answer is that, since the owners are doing it to honor the rav, they view this consideration as a greater mitzvah than performing the mitzvah themselves.

However, other authorities disagree with the Tevuos Shor’s approach, contending that providing someone else with honor is not sufficient reason to justify not fulfilling the mitzvah oneself (Binas Adam #7). Still others are of the opinion that the opposite of the Tevuos Shor‘s approach is true: they posit that asking someone to act as one’s agent is permitted, since one still fulfills the mitzvah, whereas honoring someone with the mitzvah without making him an agent is forbidden (Peleisi 28:3).

Sandek application

Here is another situation in which we see how a respected early authority ruled. “The father of a newborn boy who does not want to be the sandek himself, because he desires to have harmonious family relationships and demonstrate his respect, should give the honor to his own father, the baby’s paternal grandfather. However, if the baby’s paternal grandfather prefers that his own father (the baby’s great-grandfather) be honored, then he may give the honor to the great-grandfather, and this is the prevalent custom.” (Leket Yosher) The time-honored role of the sandek, the one who holds the baby during a bris, is, in itself, a mitzvah. By holding the baby, the sandek assists the mohel doing the mitzvah. Since the mitzvah of bris milah is the father’s, logic suggests that a father who is not a mohel should be the sandek. However, since he does not want anyone to be upset and also wants to fulfill his own mitzvah of respecting his parents, common practice is that the father honors someone else with being sandek.

Those who permit honoring someone else with the mitzvah of kisuy hadam would no doubt rally support to their approach from the ruling of the Leket Yosher. Those who feel that the shocheit should not honor someone else with the mitzvah of kisuy hadam will presumably contend that the sandek is not actually fulfilling a mitzvah that is required of him, and that is why its performance can be transferred to someone else. On the other hand, since kisuy hadam is incumbent on the shocheit, they would contend that he may not honor someone else with this mitzvah.

Passing on a bris

At this point, I would like to discuss how these rules affect the laws of bris milah, which was the first question I mentioned above (and the reason why I chose to discuss the topic the week of Parshas Lech Lecha). The Or Zarua, a rishon, writes that it is forbidden for a father who is a qualified mohel to have someone else perform his son’s bris milah (Hilchos Milah #107). (The Or Zarua, a native of what is today the Czech Republic, traveled to attend the yeshivos of the Baalei Tosafos in Northern France. He subsequently became the rav of Vienna, where he apparently opened a yeshivah. The Maharam of Rothenberg was one of the Or Zarua’s disciples.) According to the obvious reading of the Or Zarua, we already have enough information to answer Abba Chodosh’s question above: Abba had once trained to be a mohel, but never practiced. Now that he has his first son, is he required to perform the bris himself, or may he have a more experienced mohel do it? Assuming that Abba can still perform a bris safely, the Or Zarua would seem to rule that he is required to be the mohel.

However, this answer is not obvious. Firstly, the Rema (Darkei Moshe, Yoreh Deah 264:1) wonders why the Or Zarua rules that it is prohibited for the mohel to have an agent perform the mitzvah for him. We fully understand that it is not preferred – the Gemara says that it is better to perform a mitzvah oneself, rather than have it performed by someone else. However, the Or Zarua does not say simply that it is preferred that the father perform the mitzvah himself – the Or Zarua prohibits having someone else perform the mitzvah!

In his comments on the Shulchan Aruch, the Rema omits mention of the Or Zarua’s ruling, a factor noted by some authorities as proof that the Rema rejected the position of the Or Zarua (Tevuos Shor 28:14). However, the Shach (Choshen Mishpat 382:4) independently reaches the same conclusion as the Or Zarua, based on his analysis of a statement of the Rosh. The Shach’s comments require an introduction.

A mitzvah snatcher

The Gemara rules that someone who performs a mitzvah that another person is required to do and is planning to perform is charged a fine of ten gold coins for stealing someone else’s mitzvah (Bava Kamma 91b; Chullin 87a). One of the Gemara’s cases is as follows: A shocheit slaughtered a bird, and then, before he had a chance to fulfill the mitzvah of covering the blood, someone else covered it, thus snatching the mitzvah. The shocheit brought the offending party to a din Torah before Rabban Gamliel, who fined the mitzvah snatcher ten gold coins. Rashi (Chullin 87a s.v. Litein) explains that the fine is for depriving someone of the reward he should have received for the mitzvah.

When citing this Gemara, the Rosh (Chullin 6:8) recounts the following story: The father of a newborn asked a mohel to perform the bris, but a different mohel performed it without getting permission. Subsequently, the first mohel sued the second mohel in Rabbeinu Tam’s beis din for stealing the mitzvah. Rabbeinu Tam ruled that, although the interloping mohel’s act was despicable, for a variety of technical reasons not germane to our topic, there are no grounds to fine the mohel for stealing the bris.

The Rosh agrees with the ruling, but for a reason that Rabbeinu Tam did not mention: Although the father told the mohel to perform the bris, the mohel does not thereby become the “owner” of the mitzvah, unlike the shocheit in Rabban Gamliel’s case, who was already obligated in the mitzvah.

The Rosh closes his discussion with the following words: “However, if the father does not want to perform the milah, all Jews are obligated to perform the bris. The words that the father spoke to the mohel did not have sufficient weight to transfer ownership of this mitzvah to him, thus making it impossible to fine a second person who performed the mitzvah, albeit without permission.” Based on this Rosh, the Rema (Choshen Mishpat 382:1) concludes that someone who performed the bris on a child whose father was intending to carry it out himself must pay the father ten gold coins, but if the father asked a mohel to perform the bris, then the interloping mohel is absolved of any fine.

Can the father make an agent?

The following question is raised relative to the comments of the Rosh: We see from the Rosh that the interloping mohel who takes the mitzvah away from the father is fined, whereas if he takes the mitzvah from a different mohel, he is not. But why is this so? In the latter instance, he also “stole” the mitzvah from the father, since the first mohel was the father’s agent, and the interloping mohel was not? Thus, the father would have fulfilled the mitzvah through his agent had the first mohel performed the bris, but he was deprived of the mitzvah by the second mohel (Ketzos Hachoshen 382:2).

There are a few ways to resolve this question. The Ketzos Hachoshen concludes that when the Torah gave the father a mitzvah to circumcise his child, the Torah was not simply asking him to make sure that his son has a bris, but was requiring the father to perform the bris himself. The father cannot make a mohel an agent to circumcise his son, just as one cannot make an agent to don tefillin. Neither of these mitzvos can be performed through agency. Therefore, when the father asks a mohel to perform the bris for him, he is demonstrating that he does not intend to perform this mitzvah himself, and the second mohel did not steal it from him. This appears to be the way the Shach (Choshen Mishpat 382:4) understood the Rosh also, and for this reason he writes: “We can demonstrate from the words of this Rosh that a father who is a mohel is not permitted to give the mitzvah to someone else… I saw many men who are capable of performing the bris themselves who honor others with the mitzvah. In my opinion, they thereby are abrogating the important mitzvah of milah. The local beis din should take action to stop this.”

Everyone is an agent

However, there is an alternative way to explain the Rosh, which reaches a different conclusion. The Mishneh Lamelech (Bechoros end of 4:1; see also Terumas Hadeshen #188) contends that once someone revealed that he does not want to do a mitzvah himself, anyone who performs it is his agent. Therefore, when a father appoints someone to perform his son’s bris, any Jew who properly performs the bris milah is now acting as the father’s agent. The second mohel did not deprive the father of any mitzvah.

According to the second approach, no matter who performs the bris, the father has fulfilled the mitzvah, and he is not in violation for appointing an agent. However, if this is true, why does the Or Zarua prohibit a father from appointing someone to circumcise his son? The Tevuos Shor explains that there is a difference between honoring someone else to perform the mitzvah that one would prefer to do, which is permitted, and having someone else perform a mitzvah because one is not interested to perform it. In the latter case, failure to fulfill the mitzvah oneself violates mitzvah bo yoseir mibishlucho. The Tevuos Shor thus concludes that one may appoint someone else to do the milah. He also concludes that it is permitted for a shocheit to honor someone else with performing kisuy hadam. As I mentioned above, there are other authorities who disagree with this conclusion.

Conclusion:

The following anecdote about Rav Pam demonstrates his observing the principle of mitzvah bo yoseir mibishlucho. Someone offered to mail a letter for him, but Rav Pam told him that he preferred to mail the letter himself, since it was a donation to tzedakah. Since mailing the letter is part of the mitzvah, one should do it himself, because of mitzvah bo yoseir mibishlucho.

 

Since the beginning of parshas Tazria discusses the mitzvah of bris milah, it is certainly an appropriate week to discuss:

Must I Keep the Mohel?

Case #1:

A Case of Mistaken Identity

Yehudit and Yehuda Newparents decided which mohel they intended to employ, but did not know his telephone number. At the hospital, they asked someone for his phone number, and called to make arrangements. However, when the mohel came to check the baby before the bris, Yehuda realized that this was not the mohel he had intended to use. Could he now use a different mohel?

Case #2:

Billy Rubin’s Bilirubin

Zev Rubin, whose old friends still sometimes call him Billy, asked Reb Leizer Izmil to be the mohel for his son’s bris. However, Billy Rubin’s newborn son had a borderline high bilirubin count, high enough that some mohalim would postpone the bris, whereas others would consider it safe. Billy’s posek ruled that the bris should be performed on the eighth day, but Reb Leizer would not perform the bris until the count drops. May Billy forgo Leizer the razor and instead ask a different mohel to perform the bris on the eighth day?

Case #3:

The Busy Mohel

Avraham has used Reb Moshe as the mohel for his previous sons, and would like to use him for his newborn. However, Reb Moshe is already booked by other families and will not be available until later in the day than Avraham would like to make his bris. Should he wait for Reb Moshe, or use a different mohel who is available earlier?

Introduction:

Although all the names have been changed, each of the above situations is an actual case that I know of. The critical issue in all these questions is whether someone who asked one mohel to perform his son’s bris may then ask a different mohel to do so. Of course, the immediate question is why should one not be able to do so? Isn’t one permitted to switch one’s lawyer, doctor, or accountant, if one chooses?

To introduce our discussion, let me chronicle an event that transpired almost eight hundred years ago. A newborn baby was ill, and it was obvious that the bris would be delayed for several weeks. The father promised the local mohel, Rabbi Levi, that he would be honored with performing the bris.  Rabbi Levi, who was responsible for certain regional communal matters, left on a trip to attend to these responsibilities, assuming that he would return by the time the baby would be ready for the bris. Thank G-d, the baby recuperated faster than expected, and now the father wanted to perform the bris, but had no way of reaching Rabbi Levi. (Remember that cellular phone technology was not that advanced in the thirteenth century.) In order to guarantee that his son’s bris would take place as soon as possible, the father brought a mohel from a different town, promising the second mohel that he would perform the bris whether the first mohel returned on time or not. On the day that the baby was healthy enough for the bris, both mohalim showed up in town, and the question was: Which mohel should be awarded with the mitzvah, the mohel who traveled specially for the bris, or the mohel who had earlier been promised the mitzvah?

Which Mohel should I use?

This question was referred to the Maharam of Rottenberg (the famed “captive rabbi,” who was the posek hador at the time) for a decision. The Maharam quotes Rabbeinu Tam who ruled that once someone asked a mohel to perform a bris, he may not switch and offer the mitzvah to another mohel. Before explaining the basis for Rabbeinu Tam’s ruling, we need to introduce two halachic factors:

Don’t Charge for a Mitzvah

According to halacha, one may not charge for performing a mitzvah (Bechoros 29a; Nedarim 37a). (One may charge for the loss of time from one’s livelihood that resulted. A full treatment of this topic is beyond the focus of this article.) Therefore, since a mohel may not charge to perform milah, he is performing it for the sake of the mitzvah. (The prevalent custom is to provide the mohel with a gift for his services.)

Keep your Word

The Torah says Moznei tzedek, avnei tzedek, eifas tzedek, vehin tzedek yihyeh lachem — You must have honest weights, honest weighing stones, an honest eifah [a unit of dry measure] and an honest hin [a unit of liquid measure] (Vayikra 19:36). The word used by the Torah, hin, however, is similar to the word hein, which means yes. The Gemara understands this to allude to: Your “yes” should always be honest, meaning that one should be true to one’s word, even when no contract was created (Bava Metzia 49a). This is an extension of the idea conveyed by the Navi: She’eiris Yisrael lo yaasu avlah velo yedabru chazav velo yimatzei befihem leshon tarmis — The remnant of Israel does not perform corruptive deeds and does not speak falsehood, nor will you find in their mouths a deceptive tongue (Tzefaniah 3:13). This concept is often shortened in halachic reference to She’eiris Yisrael lo yaasu avlah¸ and refers to the ethical responsibility to be true to one’s word.

The Gemara’s conclusion is that someone who offered a second person a small gift is required to be true to his word. Nevertheless, should the giver renege, the proposed recipient has no claim. A Jew is obligated to keep his word, but this mitzvah does not create a liability against him.

Major Gift

The halacha is different if someone promised to provide a major gift. When one offered a major gift, the potential recipient does not necessarily expect that he will receive it; it is therefore not considered a violation of halacha to reconsider what one wants to do, should circumstances change.

Changing the Mohel

Putting both ideas together, Rabbeinu Tam concludes that once I offered a mohel the opportunity to perform the mitzvah, I cannot change to a different mohel. From my perspective, choosing one mohel over another qualifies as a “small gift,” that I am required to honor. As explained above, although the father may not change mohalim, should he do so, the first mohel has no claim against either the second mohel or the father, even though the father did the wrong thing by changing mohalim.

Which Mohel?

The Maharam concludes that since the first mohel has now returned, the father is required to ask him to perform the bris, since the second mohel was authorized to perform the bris only should the first mohel be unavailable (Teshuvos Maharam quoted by Beis Yosef, Yoreh Deah 264). The Gra explains that since one is not supposed to change mohalim, the second mohel is only being asked if the first mohel would not be available.

Where is Yossele?

At this point, we can address Yehudit and Yehuda Newparents’s predicament, in which the mohel they had called was a perfectly competent mohel, but he was not the mohel they had intended to use. The story that happened was a bit humorous. I attended the bris of people I knew, and asked them how they knew the mohel that they had used. Yehuda told me that he would tell me the story about their choice of mohel after the bris.

The Newparents had decided to use the international renowned “Yossele the mohel” of Yerushalayim (now, zt”l, of blessed memory), but, like most people, did not know Yossele’s family name (Weisberg). Yehudit asked one of the observant nurses at the hospital if she knew the phone number of “Yossele, the mohel,” and, knowing how busy Yossele can be, she immediately called and reserved Yossele. When the mohel arrived to check the baby before the bris, Yehuda realized that this was not the mohel he had expected. Before the mohel left, Yehuda asked if he had a business card, and his perusal confirmed his suspicion. Indeed they had called a mohel named Yosef, but he was not the famous “Yossele, the mohel.”

Now, a bit flustered that he had arranged for an unknown mohel to circumcise his son, Yehuda made inquiries and determined that, indeed, Yosef the mohel appeared to be qualified. Still, Yehuda was faced with a halachic question. Could he change mohalim, since he had never intended to ask this Yosef to be his son’s mohel?

Yehuda called his rav to ask whether he would be permitted to change the mohel. The rav ruled that although Yehuda could change the mohel, since Yosef the mohel was indeed a qualified mohel, he should not change mohalim, as this might offend the mistaken mohel.

By the way, the original Yossele the mohel wrote a four-volume encyclopedia on bris milah, called Otzar HaBris, in which he quotes that one may switch to a different mohel if the second mohel is more expert or a bigger tzadik (Volume 3, page 188, quoting Migdal Oz). So, according to Yossele the mohel, the Newparents could have used Yossele the mohel instead of Yosef the mohel whom their rav told them to use. Obviously, their rav disagreed, and they did the proper thing by following his directions.

Dad surprisingly shows up at his own son’s bris

The Yaavetz discusses the following case: The father of the newborn is himself a mohel, but he thought that he would not be able to be at his own son’s bris, and therefore arranged for a different mohel to perform the mitzvah. In the end, the father was able to attend. Is it a violation for him to perform the bris himself? The Yaavetz rules that performing the bris himself is a major gift, and that he may perform the mitzvah himself (quoted in Sefer HaBris of Rav Moshe Bunim Pirutinsky, page 4). The idea is that someone who cannot perform the mitzvah himself will anyway need to ask a mohel to perform it for him, so which mohel he chooses is a “minor” gift. However, when he is able to perform the mitzvah himself, having someone else perform it instead is the loss of a major gift on which halacha permits him to renege.

Zeide surprisingly shows up at his grandson’s bris

Dovid is learning in kollel in Eretz Yisrael in an area where it is not easy to procure a mohel for a Shabbos bris. His father, who lives in America, is a mohel with a very busy practice. When Dovid’s son was born on Shabbos, his father told him that he would be unable to arrive for the bris because of other commitments, so Dovid arranged for a local mohel to be available. Subsequently, Dovid’s father made arrangements to come for the bris. Is Dovid permitted to switch mohalim and have his father perform the bris?

The rav who ruled on this shaylah held that it is considered a fulfillment of kibud av for the baby’s father to have his own father perform the bris, and therefore, switching mohalim is permitted.

Disputed Bilirubin

At this point, we can discuss Billy Rubin’s bilirubin shaylah. The Gemara rules that if a baby is somewhat jaundiced, a common and not serious condition among newborns, one should delay performing the bris until the baby is well (Shabbos 134a). A dispute among contemporary rabbonim is: at what point does one consider the child to be mildly jaundiced. The diagnosis involved is based on certain physical symptoms and the measure of bilirubin in the blood. (Bilirubin is the pigment [or chemical] that causes jaundice. A higher bilirubin score results in a greater degree of jaundice.) Chassidisha rabbonim and mohalim tend to require a lower bilirubin score until they feel the child is ready for the bris, whereas Litvisha rabbonim and mohalim often feel that the threshold for safety to allow the performance of the bris is higher, and that babies whose bilirubin is in the middle range should not be deprived of having a bris in the correct time.

Billy Rubin follows Litvisha practices, but had asked a well respected chassidisha mohel, Reb Leizer, to perform the bris. A day before he was expecting the bris, the mohel examined the baby and felt that the bris should be delayed until all symptoms of jaundice disappeared.

Billy mentioned this to his posek, who was not convinced that the bris should be delayed, and instructed him to bring the baby to a different mohel, a well respected Litvisha mohel, to check whether the bris could be performed on the eighth day. The second mohel saw no problem with performing the bris on the eighth day, but to be on the safe side, had them take the baby for a bilirubin test. The second mohel felt that the results of the bilirubin test also did not warrant delaying the bris.

This placed Billy in an uncomfortable position, since his original, chosen mohel still felt that the bris should be postponed. Should Billy use a different mohel so that he can make the bris on the eighth day? Did this not make Billy violate she’eiris Yisrael lo yaaseh avlah, by going back on his word to honor Reb Leizer with wielding the razor?

The posek held that changing mohalim in order to perform the bris on the eighth day is a “major gift” for which one does not violate she’eiris Yisrael lo yaaseh avlah.

Similarly, in case #3, where the mohel who was used for the older sons will not be available until later in the day than one wants to perform the bris, I know rabbonim who ruled that this provides adequate reason to switch mohalim. Since one should perform a bris milah as early in the day as possible, because of the idea of zerizin makdimim lemitzvos, one should perform a mitzvah with alacrity, performing it with zerizus is a valid reason to switch mohalim.

Conclusion

Sometimes when a person is involved in performing a mitzvah, he forgets that other considerations, such as keeping one’s promise or offending someone, may be more important. In this particular mitzvah, we see the interplay of both factors, and how the poskim of the generations dealt with these issues.

Question: The Early Birds

Avraham and Sorah Adler* are celebrating the bris of their firstborn son! Avraham knows that one should perform a bris as early in the morning as possible, and, therefore, he would like to schedule it for immediately after the “neitz” minyan, which begins the Shacharis Shemoneh Esrei exactly at sunrise. Sarah feels that she will have no difficulty having herself and the baby ready in time. However, the new grandparents feel that the bris should be scheduled later, so that more guests will arrive. Who is correct halachically?

Answer:

There is a principle of the Torah, zerizin makdimim lemitzvos, that one should perform a mitzvah as soon as the opportunity arrives. To quote the Gemara: One may perform a bris milah any time during the day, but one should try to perform the mitzvah as soon as possible (Pesachim 4a). Thus, since the earliest time to make a bris milah is at sunrise, one should perform it as soon as one can.

As a source for the law of zerizin makdimim lemitzvos, the Gemara mentions that when Avraham Avinu was commanded to bring his son, Yitzchak, to the Akeidah, the Torah emphasizes that Avraham got up early in the morning to fulfill his mitzvah. We also find another Biblical source in which Dovid Hamelech lauds those who perform mitzvos at the first opportunity; I hurried and did not delay fulfilling Your commandments (Tehillim 119:60).

Our enthusiasm to carry out Hashem‘s commandments should manifest itself in a desire to perform mitzvos as immediately as possible. We should bear this in mind for every opportunity that presents itself, whether it be to perform a chesed or to fulfill one of the laws that we do not necessarily understand. As an example of zerizin makdimim lemitzvos, the Gemara requires one to check for chometz as soon as the evening of Erev Pesach begins, and not wait until later that night.

In a different article, we discussed whether it is more important halachically to perform a mitzvah in a more exemplary fashion, hiddur mitzvah, than to perform it earlier. Briefly put, most authorities contend that it is of greater importance to perform a mitzvah in a more exemplary fashion than to perform it earlier, whereas the Gra contends that performing the mitzvah earlier is preferable.

Berov Am Hadras Melech

We can now analyze the issues involved in our question: When should one schedule a bris? Should one schedule the bris at the first possible moment, because of the mitzvah of zerizus, or should one delay the bris in order to have a larger crowd attend, which is itself a halachic preference, called berov am hadras melech, a large group of people (attending a mitzvah) honors the King. The question is whether berov am hadras melech is similar to performing a mitzvah in a mehudar way, and therefore is a reason to delay the bris so that more people can attend (according to the majority opinion that hiddur mitzvah is preferable to zerizus), or is it preferred to perform the mitzvah at the first opportunity?

Why should there be a difference?

Hiddur mitzvah means that there is an improvement in the quality of performance of this specific mitzvah, such as using a nicer sefer Torah, purchasing a more beautifully written mezuzah, or davening with greater concentration. Most opinions contend that it is preferable to perform a mitzvah in a more proper fashion than it is to fulfill observing the mitzvah earlier. However, berov am hadras melech does not change the quality of the actual mitzvah performed. The Bris Milah is not performed in a more meticulous fashion because more people attended. Having more people in attendance is a halachic preference, but it does not make the bris into a more mehudar mitzvah.

Zerizim Versus Berov Am Hadras Melech

Can we prove that one should delay performing a mitzvah in order to accomplish berov am hadras melech? It appears that we can.

The Mishnah teaches that Hallel is always recited immediately following Shacharis, whereas shofar blowing is performed before and during the Musaf davening. The Gemara asks why we make sure to recite Hallel early, yet we delay blowing shofar. The Gemara suggests that the reason that the shofar is blown during Musaf, and not during Shacharis, is because more people attend Musaf than Shacharis (sigh — I guess times have not changed) – thus, there is greater berov am hadras melech to blow shofar at Musaf than at Shacharis. The Gemara, however, counters that were this logic true and berov am hadras melech supersedes zerizin makdimim lemitzvos, why is it that Hallel is recited after Shacharis? Should not its correct place be after Musaf so that more people participate? Thus, the two rulings appear to contradict one another, the practice of Hallel implying that zerizim is preferred, and the practice of shofar implying that berov am hadras melech is. Obviously, this cannot possibly be! There must be a method whereby we resolve this contradiction.

The Gemara responds that the shofar is not blown until Musaf for a completely different, historical reason. At a certain point in history, the government prohibited the blowing of shofar and posted guards in the shuls during Shacharis; at that time, the point in davening when shofar was blown. The guards dispersed when they noted that the Jews were no longer blowing shofar in Shacharis. The Sages then instituted blowing shofar at Musaf, because by that time the government guards were gone (Rosh Hashanah 32b). Thus, the practice of blowing shofar around Musaf is because of exceptional circumstances unique to shofar that should not be applied elsewhere; otherwise, zerizin makdimim lemitzvos supersedes berov am hadras melech, not the other way around.

Review of the Rules

Based on all these points, we should prioritize our mitzvah performance in the following way:

1. According to most authorities, hiddur mitzvah is the first choice. When one is certain that one will be able to perform the mitzvah later in a more mehudar fashion, one should delay in order to do so. An example of this is delaying kiddush levanah until motza’ei Shabbos. (According to the Gra, one should perform kiddush levanah at one’s first opportunity.)
2. When delaying may result in missing the mitzvah altogether, one performs the mitzvah as soon as possible. The same is true if delaying the mitzvah for the hiddur may result in a long delay – we perform the mitzvah as soon as possible.
3. Although having many people in attendance enhances the observance of the mitzvah, the idea of berov am hadras melech does not take precedence over performing the mitzvah earlier, and certainly is less important than performing the mitzvah in a more mehudar fashion.

When Should I Schedule the Bris?

We can now address the Adlers’ question. The authorities indeed conclude that one should not delay a bris in order to enable more people to attend. The preferred practice is to carry out a bris at the end of Shacharis. The original and favored practice is to perform it immediately after uva letziyon and before aleinu, such that all those who attended shul present for the bris, accomplishing both zerizin makdimim lemitzvos and berov am hadras melech (Shach, Yoreh Deah 265:24).

In this context, I want to share the words of the Aruch Hashulchan, who notes that when the Mishnah lists mitzvos that can be performed all day long, it omits mention of bris milah. To quote the Aruch Hashulchan:

It appears to me that this omission is intentional. The reason being that although other mitzvos should be performed as soon as possible, there is not as much concern about delaying the mitzvah slightly as there is in regard to mitzvas milah, which is the seal of the holy covenant. Since through this mitzvah the child enters sanctity, there is major concern not to delay…. We should therefore reprimand those who delay performing the mitzvah for several hours for inane reasons such as not all the invited guests have arrived…. Delaying the bris until the afternoon is very sinful (Aruch Hashulchan, Yoreh Deah 262:8).

The Aruch Hashulchan then proceeds to ask why we wait until after davening to perform the bris milah, to which he answers that davening includes several mitzvos, and since there are several mitzvos involved, davening should precede the bris milah.

Thus, Avraham and Sorah are correct that they should follow the precedent of their namesakes and perform their son’s bris as early in the day as they can. Although their parents are correct that, in general, one should try to perform a mitzvah in a way that many people can participate, this does not, however, preempt performing the mitzvah as swiftly as possible.

A Busy Mohel

Sometimes the bris needs to be delayed because the mohel one has chosen is not available earlier, due to other brisim he has to perform. I will leave it for a different time to discuss whether this provides sufficient reason to choose a different mohel, who is available as early as one wants to schedule the bris.

I would like to note that some yeshivos have rules when brisim can be scheduled, because the roshei yeshivah are concerned that the frequency with which brisim occur can result in many disruptions to the regular seder hayeshivah. It is certainly within the rosh hayeshivah’s prerogative to make such a rule. In my opinion, the bris should be immediately after Shacharis (in actuality immediately before Aleinu at the end of Shacharis), but the seudah should be scheduled for later in the day, when it is less disruptive to the sidrei hayeshivah.

In Conclusion

Our entire discussion revolves around whether and when it is important to perform a mitzvah without delay or if there are other mitzvah calculations that supersede the early performance of the mitzvah. The main point is that our attitude towards the performance of mitzvos should be one of enthusiasm – we are overjoyed with the opportunity to fulfill Hashem‘s commandments and therefore rush to perform His mitzvos as soon as we possibly can. This zeal must sometimes be tempered with a different type of passion — the desire to perform the mitzvah in an optimal way. It is wonderful that Jews share these two enthusiastic emotions and try to seek balance between them.

*The story is real, although the names have been changed to protect privacy.