Thursday, August 26, 2021

Insights from Rabbi Eugene J. Cohen, Guide to Ritual Circumcision and Redemption of the First-Born Son


WHERE THERE IS NO MOHEL

 

What should parents do when they reside in an area where there is no mohel? This problem has often faced American military personnel stationed in the Pacific. May one opt for a person who is not religiously qualified to perform Brith Milah [circumcision]? Our sages have dealt with this question since Talmudic times.

 

Two considerations must be weighed in determining the law in such a case. First, the Torah commands, “And you shall keep My Covenant” (Genesis 17:9). This verse teaches that anyone who does not observe Judaism is disqualified from performing Brith Milah. Thus a non-Jew or a disbelieving Jew is not permitted to be a mohel. But there is a second consideration: that the baby must be circumcised. Most rabbinic authorities have ruled that it is preferable to leave the child uncircumcised rather than have the circumcision performed by one who is disqualified (posul) (There are two views in a case where the circumcision was performed by a posul. One opinion is that nothing can correct the damage. See Avodah Zarah 26b; Yoreh Deah 264:1; hatam Sofer, Yoreh Deah 31. Hagah, Yoreh Deah 264:1, on the other hand, ruled that drawing a drop of blood will correct the circumcision and this should be done). (Rabbi Eugene J. Cohen, Guide to Ritual Circumcision and Redemption of the First-Born Son [New York: Ktav Publishing House, Inc., 1984], 16)

 

Orach Chaim 331:6 forbids having a non-Jew bring the baby from one type of domain to another. However, Magen Avraham, Orach Chaim 331:5; Turai Zahav, Orach Chaim 349:1; Hagah, Orach Chaim 276:3; and Mishnah B’rurah 331:6 permit this procedure because many authorities maintain that there is no public domain that meets the halakhic requirements. Consequently a non-Jew may carry the baby for a Jew to the synagogue. (Ibid., 142 n. 12)

 

HEMOPHILIA

 

Hemophelia is defined as “hereditary hemorrhagic diathesis due to deficiency of coagulation Factor VIII” (Dorland’s Illustrated Medical Dictionary, 25th ed., p. 69). “Credit for the first delineation of the disease must be given a U.S. physical, John C. Otto, who described in 1803 ‘ . . . an hemorrhagic disposition existing in certain families.’” Only males are subject to this affliction. Females are exempt, but they are capable of transmitting it to their male children (Encyclopedia Britannica, vol. 11, p. 350).

 

The Mishnah (completed 188 C.E.) was probably the first work to record the results of this malady (Mishnah, Yevamoth 8:1 [70a] in accordance with Rashi’s interpretation). The Talmud (redacted 505 C.E.) cites additional cases (Yevamoth 64:b; Shabbath 143a; Tosafoth, Zevachim 74b, s.v. V’ha; Tosafoth, Chullin 4b, s.v. Sh’maithu). The rabbis knew by observation that only males were endangered. They ruled that Brith Milah was prohibited form sons born to families with a history of hemophilia (Yoreh Deah 263:2-3; Shakh; loc. Cit.; Tashbatz 3:207; Chatham Sofer Yoreh Deah 243; Avnai Nezer 324, 325, 327; Yeshuoth Malko, Yoreh Deah 47, 49; Ridbaz 13; Chazon Ish, Yoreh Deah 154; article by Dr. Jacob Levy in Noam, vol. 10; Sefer HaBris 263:6-27; Nodah B’Yehudah, Yoreh Deah 165; Arukh HaShulchan 263:6-11; Brith Olam, p. 122). This prohibition is valid even when physicians can reduce the risk (Rabbi Moses D. Tendler in Proceedings, p. 24. An infant may be afflicted with other diseases that were not discussed by the rabbis. The physician is the only one who can determine whether the child is sick. See the article by Dr. Abraham Steinberg, in Assia, vol. 8, no. 1-2, pp. 21-44)).

 

Factor XI, a form of hemophilia, was first reported in 1953. Most cases occur in Jewish children (William J. Williams, M.D., Hematology [New York: McGraw-Hill Book Co., 1977], 2nd ed., p. 1415). A child with factor XI may be circumcised when the physician approves. (Ibid., 22-23)

 

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