Shabbat 135B

ונתחדשה הלכה.

halakha was introduced. No proof can be cited from the observance of mitzvot prior to the revelation at Sinai.

איני? והא איתמר: יוצא דופן ומי שיש לו שתי ערלות, רב הונא ורב חייא בר רב, חד אמר: מחללין עליו את השבת. וחד אמר: אין מחללין. עד כאן לא פליגי אלא לחלל עליו את השבת, אבל לשמנה ⁠— ודאי מהלינן ליה! הא בהא תליא.

The Talmud asks: Is that so? Wasn’t it stated that there is a dispute with regard to this halakha? As it was taught with regard to a child born by caesarean section and one who has two foreskins, Rav Huna and Rav Ḥiyya bar Rav disputed their status. One said: One desecrates Shabbat on his behalf and performs the circumcision; and one said: One does not desecrate Shabbat on his behalf. They only disagree with regard to whether or not it is permissible to desecrate Shabbat on his behalf; however, with regard to circumcising him at 8 days, in principle, we certainly circumcise him, even though the birth of a child by caesarean section does not render his mother ritually impure due to childbirth. The Talmud answers: The two disputes are interdependent. The one who holds that one desecrates Shabbat for this child’s circumcision also holds that one must circumcise him on the 8th day. The one who holds that one may not desecrate Shabbat for this child’s circumcision holds that one need not circumcise him on the 8th day.

כתנאי: יש יליד בית שנימול לאחד ויש יליד בית שנימול לשמנה, יש מקנת כסף שנימול לאחד ויש מקנת כסף שנימול לשמנה.

The Talmud comments: The issue of R' Asi’s statement that the obligation to circumcise after 8 days depends upon whether or not his birth renders his mother ritually impure due to childbirth is parallel to a tannaitic dispute, as we learned: There is a home-born child of a Canaanite female slave born in a Jewish home, who has the legal status of a Canaanite slave and his Jewish owner is obligated to circumcise him, who is circumcised at the age of one day, i.e., immediately after birth; and there is a home-born child circumcised at 8 days. And there is a slave purchased in a money transaction who is circumcised at one day, and there is a slave purchased in a money transaction who is circumcised at 8 days.