📖 Daily Rambam (1 Chapter) Milah – Chapter 1: The Commandment of Circumcision: Obligation, Timing, and When It Overrides Other Laws
Halachah 1 — Obligation and Severity of Circumcision
Circumcision is a positive mitzvah, and failure to perform it is punishable by karet.
- The father is commanded to circumcise his son.
- A master must circumcise his slaves (whether born in his home or purchased).
If they fail, they neglect a mitzvah, but only the uncircumcised male himself incurs karet.
The court (Beit Din) is obligated to ensure circumcision is performed and must not allow uncircumcised males among Israel.
Halachah 2 — Authority to Circumcise
One may not circumcise a child without the father’s consent unless he neglects the mitzvah.
If he refuses, the court may circumcise against his will.
If the boy reaches bar mitzvah uncircumcised, he must circumcise himself.
Each day he delays, he neglects a mitzvah, but karet applies only at death if he intentionally remained uncircumcised.
Halachah 3 — Circumcision of Slaves
- A home‑born slave → circumcised on the 8th day.
- A purchased slave → circumcised on the day of purchase (even if newborn).
Halachah 4–5 — Complex Cases of Slave Status
The timing depends on legal ownership:
- If the mother belongs to the master before birth → circumcision on the 8th day.
- If only the child is acquired → circumcision on the day of acquisition.
If the mother later immerses into servitude → child’s circumcision shifts to the 8th day.
Halachah 6 — Adult Slaves and Consent
For an adult slave:
- If he refuses circumcision → allowed up to 12 months, then must be sold.
If he previously stipulated he would not be circumcised:
- He may remain uncircumcised if he accepts the Seven Noahide Laws and becomes a resident alien.
If he refuses even that → he must be put to death (only when such laws apply).
Halachah 7 — Converts and Special Cases
A convert must be circumcised first.
If already circumcised → symbolic drawing of blood is required.
Also circumcised on the 8th day:
- a child born without a foreskin,
- an androgynous,
- a child born by C‑section,
- one with two foreskins.
Halachah 8 — Time of Circumcision
Circumcision is performed during the day, not at night.
- Ideally early in the day (“the zealous perform mitzvot early”).
- Valid throughout the day.
- Applies both to timely (8th day) and delayed circumcision.
Halachah 9 — Circumcision and Shabbat
Circumcision on the proper 8th day overrides Shabbat prohibitions.
Delayed circumcision does not override Shabbat.
Circumcision also overrides the prohibition of removing a tzara’at mark.
Halachah 10 — Slaves and Shabbat
Slaves circumcised on their 8th day also override Shabbat.
Exception:
- If the mother was not fully part of the household → circumcision does not override Shabbat.
Halachah 11 — Cases That Do Not Override Shabbat
Circumcision does not override Shabbat for:
- a child without a foreskin,
- premature infants not viable,
- C‑section births,
- androgynous individuals,
- those with two foreskins.
These are circumcised on the following Sunday.
Halachah 12 — Birth Timing and Doubt
If a child is born at twilight (beyn hashmashot):
- circumcised on the 9th day, due to doubt.
If born at twilight on Friday:
- circumcision does not override Shabbat → done Sunday.
Halachah 13 — Premature Infants
If a baby appears developed (hair and nails complete):
- treated as viable → circumcised on time.
If clearly premature:
- treated as non‑viable and not moved on Shabbat.
If the infant lives 30 days, he is considered viable.
Halachah 14 — Seventh vs. Eighth Month
- A clearly viable 7‑month baby → circumcised on Shabbat.
- Doubt (7th or 8th month) → may circumcise on Shabbat, since no violation occurs if non‑viable.
Halachah 15 — Partial Birth on Shabbat
If only the head emerges before Shabbat but body after:
- circumcision does not override Shabbat.
The same applies to festival days, except:
- override allowed on second‑day festivals, but not Rosh Hashanah.
Halachah 16 — Illness
A sick child must not be circumcised until healthy.
After recovery from serious illness:
- wait 7 full days before circumcision.
Minor conditions (e.g., eye issues):
- circumcise immediately after healing.
Halachah 17 — Physical Weakness Signs
If the infant appears:
- yellow (jaundiced) or
- overly red,
delay circumcision until strength and color normalize.
Halachah 18 — Medical Risk and Family History
If two sons of a woman died following circumcision:
- the third child’s circumcision is delayed until stronger.
Principle:
Danger to life overrides circumcision.
Circumcision can be delayed—but a life cannot be restored.
Core Principle of the Chapter
This chapter defines circumcision as a foundational covenantal mitzvah, yet one governed by a central halachic rule:
Preservation of life overrides even the most severe commandments.
Thus, while Milah is obligatory and carries grave consequences, its fulfillment is always balanced with precise timing, legal status, and above all—human life and safety.