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The Minchas Chinuch discusses whether this answer can be applied to mila. He says that if we apply the halacha of ei avid lo mehani to a bris and say that the bris is invalid, the bris was still not destructive; it was still constructive. Needless to say that according to those who opine that if a bris is performed incorrectly one need not even do hatafas dam bris (extract a little blood at a later time) that in this situation the bris performed incorrectly on Shabbos is constructive. But even according to those who opine that one is required to do hatafas dam bris afterwards, the bris is still considered constructive since one only has to extract a drop of blood as opposed to performing an entire bris. Therefore even if we would apply the halacha of ei avid lo mehani to a bris the bris would still be a melacha.


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Rabbi Fuchs learned in Yeshivas Toras Moshe, where he became a close talmid of Rav Michel Shurkin, shlit”a. While he was there he received semicha from Rav Zalman Nechemia Goldberg, shlit”a. He then learned in Mirrer Yeshiva in Brooklyn, and became a close talmid of Rav Shmuel Berenbaum, zt”l. Rabbi Fuchs received semicha from the Mirrer Yeshiva as well. After Rav Shmuel’s petira Rabbi Fuchs learned in Bais Hatalmud Kollel for six years. He is currently a Shoel Umaishiv in Yeshivas Beis Meir in Lakewood, and a Torah editor and weekly columnist at The Jewish Press.