DailyHalacha.com for Mobile Devices Now Available

Halacha is In Memory of
 Mizlee bat Hanini

Dedicated By
Isaac H Moses

Click Here to Sponsor Daily Halacha
      
(File size: 1.97 MB)
Walking Beyond the “Tehum Shabbat” to Perform a Berit on Shabbat or Yom Tob

Hacham Ovadia Yosef was asked whether it would be permissible for a Mohel to walk on Shabbat (or Yom Tob) beyond the point where walking is allowed on Shabbat, in order to perform a Berit. The prohibition of "Tehum Shabbat" forbids walking beyond a certain distance (2000 Amot) outside one’s town on Shabbat, and the question thus arises as to whether this prohibition is overridden in the case of a Berit which is to be performed on Shabbat. In some rural regions, where people live in small towns which are situated at a distance from one another, it might be necessary for a Mohel to walk beyond the "Tehum Shabbat" limit on Shabbat in order to perform a Berit in a different town. Would this be allowed?

Hacham Ovadia cites a discussion in the Talmud Yerushalmi (Rosh Hashanah 2:3) from which it emerges that walking beyond "Tehum Shabbat" is allowed for a Berit Mila on Shabbat only according to the minority position of Rabbi Eliezer. Rabbi Eliezer maintained that just as the act of Berit Mila overrides the Shabbat prohibitions on a child’s eighth day, similarly, all "Machshireh Mila" – preparations that need to be done for the purpose of a Berit – also override the Shabbat prohibitions. According to Rabbi Eliezer, the Yerushalmi indicates, a Mohel would be allowed to walk beyond the "Tehum Shabbat" limit on Shabbat in order to perform a Berit. The clear implication of the Gemara is that according to the accepted view, that preparations for a Berit do not override the Shabbat prohibitions, this would not be allowed. And thus Hacham Ovadia Yosef concludes that it is forbidden for a Mohel on Shabbat or Yom Tob to walk beyond the "Tahum Shabbat" in order to perform a Berit. Hacham Ovadia notes that this was the position taken by Rav Tzvi Pesach Frank (1873-1960), in his work Har Sevi.

However, Hacham Ovadia makes an exception in the case of a Berit that is to be performed on Yom Tob Sheni Shel Galuyot – the additional day of Yom Tob observed in the Diaspora. He notes that this day of Yom Tob is observed only Mi’de’rabanan – on the level of Rabbinic enactment – and according to some authorities, the prohibition of "Tehum Shabbat" is also Rabbinic in origin. Therefore, given the lower level of stringency of "Tehum Shabbat" on Yom Tob Sheni, Hacham Ovadia allows a Mohel to walk beyond "Tehum Shabbat" on Yom Tob Sheni to perform a Berit. (Hacham Ovadia adds that this applies even to walking a distance of 12 "Mil," which is generally treated more stringently, since some opinions maintain that walking even this distance on Shabbat or Yom Tob is forbidden only "Mi’de’rabanan.")

Summary: Although the Misva of Berit Mila on a child’s eighth day overrides Shabbat, it is forbidden for a Mohel to walk beyond the "Tehum Shabbat" outside his town for the purpose of performing a Berit on Shabbat or Yom Tob, though this is allowed on the second day of Yom Tob added in the Diaspora.

 


Recent Daily Halachot...
Pesah – The Time for Bedikat Hames
Pesah- The Procedure for Bedikat Hamez
Pesah – Must One Search for Hames in the Areas Containing the Hames That He Sells?
The Special Reading on the First Thirteen Days of Nissan
Pesah – Is it Permissible to Eat Egg Masa on Pesah
Passover- Ve'higadeta Le'bincha - Sitting Next To One's Father-Son During The Hagaddah
Must One Perform Bedikat Hametz if He Goes Away for Pesah?
Pesah – Reciting Me’en Sheba on Pesah Night When it Falls on Shabbat
The Reasons for the Custom of Ta'anit Bechorim
Passover- Avoiding The Problem of A Drop of Hametz In Kosher for Pesach Food
Shabbat Hagadol
Pesah – Selling Hametz in a Case Where One Spends Pesah in a Different Time Zone
Pesah – The Second of the Four Cups of Wine
Laws and Customs of Ereb Pesah
Kimha De’pischa – Donating Charity to the Poor Before Pesah
Page of 239
3585 Halachot found