An interesting case was brought to the Rabbi right before Yom Kippur in regards to scheduling a Brit Milah. A baby boy was born on a Tuesday, which was the day before Erev Yom Kippur, being that Yom Kippur fell out on a Thursday. So the parents wanted to know on which day to make the Milah.
Well, it’s obvious to make the Milah 8 days later on the following Tuesday even though it is Yom Tov of Succot. We have learned that a Brit Milah takes precedence over Shabbat and over Yom Tov. But the parents then stated that their baby was born via Cesarean section, rather than natural birth. When the child is born via Cesarean section, Halacha says that the Milah in such a case does not take precedence over Shabbat and Yom Tov, meaning the Milah would not be permitted if the 8th day falls out on Shabbat or Yom Tov. So, when does the Milah take place for this baby?
Well, it’s not such an easy question. As we said above, the delayed Milah would not be able to take place on the 8th day which is Tuesday because it’s Yom Tov. It could not take place the next day Wednesday either because that day too, is Yom Tov. What about the following day which is Thursday? Unfortunately, that day would also be ineligible because we have a rule that says a delayed Milah can not take place 3 days within Shabbat. So that knocks out Thursday, Friday, and Shabbat. So then what about Sunday, which in this case is Chol HaMoed? But Sunday and for that matter Monday, are within 3 days of Yom Tov which falls out on Tuesday and Wednesday. And then again we have the problem of a delayed Milah which may not take place within 3 days of Shabbat, which again knocks out Thursday, Friday, and Shabbat. So it seems that the Milah for the baby who was born 2 days before Yom Kippur on a Tuesday via Cesarean section, would not be able to take place until 20 days later on Sunday.
According to Halacha, the Milah in the case above would not have to wait the 20 days. The Milah for this boy in this particular case, takes place 13 days later on Sunday, Chol HaMoed Succot. Chacham Ovadia Yoseph writes in his sefer, Yabia HaOmer in Chelek 5 siman 23, that although we have a rule that prohibits a delayed Milah from taking place within 3 days of Shabbat, we do not however have such a rule by Yom Tov. That’s also what the Chida writes, and what the Ben Ish Chai writes in his sefer Raav Pa’alim.
So the Halacha, for the boy who was born via Cesarean section on Tuesday, 2 days before Yom Kippur, his Milah would take place 13 days later on Sunday during Chol HaMoed Succot.
