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Chapter 2: The general Mitzvah[1]
- The Mitzvah of Milah:[2]
It is a positive command in the Torah for a father to circumcise his son.[3] [Although this Mitzvah is applicable to the general Jewish public, and to the individual in the event that he was not circumcised, as explained in Halacha 3, nonetheless, there is a special command on the father for him to perform the Bris, in addition to the general Mitzvah for the child to be circumcised.[4] The Mitzvah of Mila contains three parts, the actual circumcision, the fact the individual is now circumcised, and the fact that the individual is no longer considered uncircumcised.[5] The Mitzvah of Mila is constant, and hence once one becomes circumcised he fulfills the Mitzvah for every moment of his life thereafter.[6]]
The greatness of the Mitzvah:[7] The Mitzvah of Mila is the greatest command in the Torah.[8]
No Gehenom:[9] Abraham our forefather stands [in the opening of Gehennom] and selects those who are circumcised and does not allow them to enter.
Remembering the Mila daily: Some Poskim[10] write that in addition to the mitzvah to perform the circumcision, there is also a mitzvah to remember the circumcision daily. The purpose of this remembrance is in order so he remember that he is a servant of G-d and bears a symbol of such on his body. This will help the individual not rebel against G-d and not view himself as emancipated.
Celebrating the day of one’s Bris:[11] In some communities it is customary to make a celebratory meal each year on the day in which one’s Bris took place. The Ben Ish Chaiy records this custom and writes that it is a good custom and he is very fond of it although he personally does not follow it in his family. Nonetheless, he is accustomed annually on the day of his Bris to say a short prayer to Hashem mentioning the fact that he entered the Bris of Abraham Avinu on this day.
One reason G-d commanded us to remove the foreskin is in order to diminish our lust for promiscuity.[14] It is the sign that every Jew bears of G-d, his Master, through which a Jew proclaims that he belongs to G-d and diminishes his desires, for the sake of G-d.[15]
- A servant of G-d:[16]
The purpose of this remembrance is in order so he remember that he is a servant of G-d and bears a symbol of such on his body. This will help the individual not rebel against G-d and not view himself as emancipated. This is common amongst masters for them to brand their slaves in order so his fear be upon him. It is for this reason that G-d placed a sign on our limb as Hashem is holy and hates promiscuity and by having assigned there it will prevent the person from sinning.
- The law if the father did not circumcise his son [not alive, is gentile, etc]:[17]
The obligation on the Beis Din to circumcise the son:[18] In the event that one was not circumcised by his father, then it is the obligation of the local Jewish court to circumcise him while he’s still a child [i.e. on the eighth day].
Obligation on child when he becomes an adult: In the event that one was not circumcised by his father, and the local Jewish court did not circumcise him as a child, then he is obligated to circumcise himself upon reaching the age of adulthood.
Mother:[19] The mother of the child is not obligated to circumcise her son even in the event that he was not circumcised by his father, and rather the mitzvah falls upon the local Jewish court.
Other Jews:[20] It is forbidden for one to circumcise a child without the consent of the father. However, in the event that the father did not circumcise his son, and the Jewish court likewise did not circumcise him, then any individual can circumcise the son against the wishes of the father.
- The penalty if one is not circumcised after reaching adulthood:[21]
Once a child reaches the age of adulthood, then he is liable for the penalty of excision if he remains uncircumcised.[22] [However, some Poskim[23] rule that a person is not liable for the penalty of excision until he reaches the age of 20 years old]
Transgress Kareis every day that does not do Mila:[24] An adult male Jew who was not circumcised as a child transgresses the penalty of excision every single day that he remains uncircumcised from the day that he reaches adulthood.
- Father versus hired Mohel:[25]
The positive command is specifically on the father to personally circumcise his son.[26] Nonetheless, in the event that he does not know how to do the circumcision, then he is to appoint another individual to do so on his behalf.[27]
Appointing a Mohel if the father knows how to circumcise:[28] Some Poskim[29] rule that if the father knows how to do a circumcision and is able to do so, then he must personally circumcise his son and is not allowed to delegate the Mitzvah to another Mohel. However, most Poskim[30] rule that he may choose to delegate the Mitzvah to another Mohel even in such a case that he is able to do the circumcision himself. According to all opinions, one may hire a more expertise Mohel rather than do so himself.[31]
- Who to circumcise:[32]
Androgenus:[33] An Androgenus is to be circumcised [without a blessing].
Two foreskins or two Gidim:[34] A child born with two foreskins[35] or two complete sets of Gidim is to be circumcised.
C-section/Caesarean:[36] A child who was born Caesarean is to be circumcised.
Ben Mumar:[37] A child born from a father who is an apostate Jew[38] is to be circumcised.
Mother Jewish, father not:[39] A child born from a gentile father is to be circumcised.
Father Jewish, mother not:[40] A child whose mother is not Jewish is not to be circumcised, just as we rule regarding a non-Jewish child, as explained in Halacha 9.
- If the child was born circumcised-Hatafas Dam Bris:[41]
If the child was born circumcised, without a foreskin, then one is to perform Hatafas Dam Bris, through puncturing the limb in a way that it releases some blood.
Examination and observation: This Hatafas Dam must be done very carefully, and is only to be done after properly examining with one’s hands and eyesight and after observation of several days to make sure that he does not have a foreskin has become stuck to his limb. This examination must take place even if the observation will extend past the eighth day, in order so he not be brought to danger.
Using metal: The examination may not be done using metal.[42] However, the actual removal of the blood may be done using metal and it is not necessary for one to use one’s nails to do so.[43]
Blessing:[44] A blessing is not recited prior to performing the Hatafas Dam, unless one can see a foreskin that is attached to the limb, even if he does not know for certain that it is the foreskin but it appears to be the case.
Shabbos:[45] This performance of Hatafas Dam may not be done on Shabbos unless one knows for certain that the limb contains a foreskin that is attached to it. However, if it only appears to be so but one does not know for certain that this is the case, then it may not be performed on Shabbos even though a blessing is to be said over the Hatafas Dam.
A Nefel [i.e. still born, or baby who died within thirty days], or any child who died prior to circumcision, is to be circumcised [by a Jew[46]] prior to the burial.[47] A blessing is not recited over the circumcision. He is also to be named at that time.[48] [Some are accustomed to performing the circumcision during the Taharah process, and not by the burial.[49] He is circumcised with any sharp material, such as a rock, glass, or knife.[50] The circumcision may be done even at night.[51] Peria is not performed.[52] If the child was buried without a circumcision, it is permitted for the child to be unearthed and circumcised.[53]]
An adult:[54] A Jewish male who was not circumcised during his lifetime, due to whatever reason, is to be circumcised prior to the burial. The foreskin is to be buried on its own.
- Circumcising a Gentile:[55]
It is forbidden for one to circumcise a gentile unless it is done in the process of conversion.[56] This applies even during the weekday and certainly applies on Shabbos, in which case doing so is a Biblical prohibition.
For healing: It is forbidden for one to circumcise an idol worshiper for the sake of healing him from an illness or injury in the area. However, some Poskim[57] rule that it is permitted to do so for the sake of receiving compensation. However, from other Poskim[58] it is evident that it is forbidden to be done even for compensation.
For payment: Some Poskim[59] rule that it is permitted to circumcise a Gentile for the sake of receiving compensation. However, from other Poskim[60] it is evident that it is forbidden to be done even for compensation.
For religious reasons: According to some Poskim[61], it is permitted to circumcise a Gentile for religious reasons. However, according to other Poskim[62] it is evident that it is forbidden to be done even for religious reasons.
Bnei Yishmael and Bnei Keturah:[63] Some Poskim[64] rule that although the descendants of Yishamel are not obligated in the command of circumcision, nonetheless, the descendants of Ketura are obligated in circumcision being that they are descendants of Abraham who were born after he was commanded to circumcise himself and his offspring, and this command applies eternally for all generations towards his descendants who were born from that time and onwards. Accordingly, they rule that since historically the descendants of Yishmael became intermingled with the descendants of Ketura, that therefore it is an obligation to circumcise all descendants of Yishmael, as perhaps they are in truth a descendent of Ketura. According to this opinion, it is not only allowed but even a Mitzvah to circumcise a Gentile who comes from the lands of Yishmael. Accordingly, a Jew may perform circumcisions on Muslim boys when they reach 13 years of age.[65] However, other Poskim[66] rule that in truth the descendants of neither Yishmael or Ketura were ever obligated to be circumcised, and hence it is forbidden for a Jew to circumcise a Muslim due to the above prohibition against circumcising a Gentile. Practically, the main opinion follows this latter approach.[67]
The son of a Jewish father and Gentile mother:[68] The son of a Jewish father Gentile mother is not Jewish, and hence it is forbidden to circumcise the son outside of the process of conversion.
- Bris of a Mamzeir:[69]
A Mamzer child, which is defined as a child who was born from an Erva defined relation [i.e. of adultery or incest], is considered like a regular Jew and is hence to be circumcised as usual.
The blessings and ceremony:[70] All of the usual blessings are to be recited upon doing the circumcision, as is usually done, until the words Koreis Habris [i.e. Al Hamila, Lehachniso Beveriso Shel Avraham Avinu, Hagafen, Asher Kidesh Yedid Mibeten]. However, the prayer of Kayeim Es Hayeled Hazeh which is normally recited after the blessing of Koreis Habris, is not to be recited as one is not to supplicate on behalf of such a child.[71] [Likewise, those in attendance of the circumcision are not to recite the blessing of Kisheim Shenichnas.[72]]
Publicizing that the child is a Mamzer:[73] One is to publicize at the time of the circumcision that the child is a Mamzer.
Naming the child: Some Poskim[74] write that a Mamzer is to be named the name “Kidur” which is a play on the verse which describes a flipped generation.
Where to perform the circumcision: Some Poskim[75] write that the circumcision of a Mamzer should not take place in the regular location where circumcisions take place, such as rather than circumcising the child inside of the Shul he should rather be circumcised by the entrance of the Shul.
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[1] See Encyclopedia Talmudit Vol. 46 Erech Mila p. 399-462
[2] Michaber Y.D. 260:1; Kiddushin 29a; Rambam Sefer Hamitzvos Mitzvah 215; Shevach Habris 7:1; See Likkutei Sichos Vol. 30 Lech Licha 3rd Sicha; Pesakim Uteshuvos 260:1; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 399-401, 405-406, 413-414, 442-448 footnotes 1-16 and 58-64, 123-138
[3] The source: The Rambam in Sefer Hamitzvos lists the Mitzvah from the verse in Parshas Lech Licha regarding Avraham Avinu. However, in his Minyan Hamitzvos Mitzvah 215 he writes the source is from the verse in Parshas Tazria. See Likkutei Sichos ibid that the actual obligation is learned from the mitzvah in Parshas Tazria, which was given after Matan Torah, while the background and details and purpose of the mitzvah are learned from Parshas Lech Licha. See Encyclopedia Talmudit ibid
[4] Likkutei Sichos ibid; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 399; 405-408
[5] Likkutei Sichos 3:761, printed in Shaareiy Mila 2; See Tzafnas Paneiach on Rambam Hilchos Mila; Ragatchaver Gaon; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 402-403 footnotes 33-43
[6] See Menachos 43b; Hisvadyus 5748 1:424; Shaareiy Mila 16
[7] Michaber and Rama Y.D. 260:1; Nedarim 32a; Levush 260:1; Pesakim Uteshuvos 260:2; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 402-403 footnotes 33-43
Other opinions: Some Poskim rule that this is with exception to the Mitzvah of Tzitzis which is even greater than the Mitzvah of circumcision. [Poskim brought and negated in Yad Avraham 260]
[8] The reason: As we find the penalty of excision given for a man who does not circumcise himself once he has reached adulthood. [Shach 260:1] Likewise, there were 13 covenants that were made over this command, as the word covenant [i.e. Bris] is written 13 times regarding this mitzvah. [Beis Yosef 260; Mishneh Nedarim 3:11] Likewise, the circumcision is the only mitzvah that is engraved within our very body on a constant basis. [Levush ibid] Likewise, we find that it pushes off the prohibition of Shabbos. [Yad Avraham 260; Mishneh Nedarim 3:11]
[9] Taz 263:3; Tur 260; Eiruvin 19a; See Pesakim Uteshuvos 260:2 footnote 30
[10] Sefer Chareidim 44
[11] See Ben Ish Chaiy Parshas Reiy 17; Afrasakta Deanya 123 footnote 2 in name of Chasam Sofer
[12] See Pesakim Uteshuvos 260:2; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 403-404 footnotes 44-46
[13] See Pesakim Uteshuvos 260:2 footnote 26
[14] Rambam in Moreh Nevuchim 3:49; Ramban; Radak; Kuzari
[15] Chasam Sofer Drashos p. 133
[16] Sefer Chareidim 44; Chinuch Mitzvah 2; Tur 260; Levush 260:1
[17] Michaber Y.D. 261:1; Admur 432 KU”A 2; See Pesakim Uteshuvos 261:1; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 452-462
[18] Michaber Y.D. 261:1;
[19] Rama Y.D. 261:1; Tur 261; See Pesakim Uteshuvos 261:1; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 449-451
[20] Rama Y.D. 261:1; Tur 261 in name of Rambam; See Pesakim Uteshuvos 261:2; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 448-449
[21] Michaber and Rama Y.D. 261:1; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 414-421 footnotes 139-207
[22] Michaber ibid
[23] Yad Avraham 261 in name of Rambam Pirush Hamishnayos Sanhedrin 7:4; Rav Poalim 3 O.C. 37
[24] Rama ibid; Tur ibid
[25] See Pesakim Uteshuvos 260:1; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 406-409 footnotes 65-80
[26] Michaber Y.D. 260:1; Kiddushin 29a; Shevach Habris 7:1; See Likkutei Sichos Vol. 30 Parshas Lech Licha 3rd Sicha
[27] Rama 261:1; Chochmas Adam 149:1; Misgeres Hashulchan 163:1
[28] See Chochmas Adam Binas Adam 7; Bris Avos 1:10; Otzer Habris 3:3; Shevach Habris 7:1 footnote 3; Poskim in Pesakim Uteshuvos 260:1 footnote 2; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 405-408
[29] Possible implication of Michaber 260:1 and Rama 261:1;Shach C.M. 382:4; Darkei Moshe 264:1; Derisha 261:1 in name of Or Zarua Mila 107; Gilyon Maharsha 260; Ketzos Hachoshen ibid
[30] Tevuos Shur 28:14; Pleisi 28:3; Chasam Sofer O.C. 159; Poskim in Pesakim Uteshuvos 260:1 footnote 4
[31] Aruch Hashulchan 261:5; Maharam Shick Y.D. 239
[32] See Michaber Y.D. 262:3; Pesakim Uteshuvos 262:14; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 425-427 footnotes 251-262
[33] Admur 331:6; Michaber Y.D. 262:3; 266:10
An Androgenus is a person born with the both the male and female genitals. See Pesakim Uteshuvos 262:14 footnotes 108-111
[34] Admur 331:6; Michaber Y.D. 266:10; Shabbos 135; See Michaber Y.D. 262:3; Pesakim Uteshuvos 262:14 footnotes 112-113
[35] Two foreskins, one over the other.
[36] Admur 331:6; Michaber O.C. 331:5; Y.D. 262:3; 266:10; Shabbos 135; Shevach Habris 8:3; See Os Chaim Veshalom 266:8
[37] Michaber Yoreh Deah 266:12
[38] Known as a Mumar.
[39] See Pischeiy Teshuvah Yoreh Deah 266:14
[40] Michaber Yoreh Deah 266:13
[41] Michaber Y.D. 263:4; See Pesakim Uteshuvos 263:6-7; See Encyclopedia Talmudit Vol. 9 Erech Hatafas Dam Bris p. 25
How to perform Hatafas Dam Bris: See Pesakim Uteshuvos 263:8 for the full details of this subject including where to puncture the penis and if actual blood must come out
[42] Michaber Y.D. 263:4 as explained in Taz 263:2
[43] Taz 263:2 in negation of Yeish Mefarshim
[44] Michaber 265:3; Shach 263:4; Tur 263; Bach 263
[45] Shach 263:4; Bach 263
[46] Kitzur SHU”A 199:4; Aruch Hashulchan 526:19; Admur 526:19
[47] The reason: This is done to arouse mercy from heaven, and so the child merit resurrection in the future. [Michaber 263:5]
[48] Michaber 353:6; See Pesakim Uteshuvos 263:10
[49] Ruach Chaim 353; Gesher Hachaim 147 that so is the custom; Nitei Gavriel 135:26
[50] See Michaber 263:5; Admur 526:19; Nitei Gavriel 135:25
[51] Nitei Gavriel; 135:27
[52] Nitei Gavriel 135:24
[53] Bechor Shur Sanhedrin 47; Kneses Yechezkal 44, brought in Gilyon Maharsha 353; See Poskim in Rav Akiva Eiger 353
[54] Shach 263:6; See Michaber Y.D. 353:6; Nitei Gavriel 75:20
[55] Rama Y.D. 263:5; Beis Yosef 263 in name of Rabbeinu Yerucham; See Pesakim Uteshuvos 263:11
[56] The reason: As Abraham our forefathers stands [in the opening of Gehennom] and selects those who are circumcised [in order to tell if they are of Jewish identity and of his descendents] and does not allow them to enter. Accordingly, it is forbidden to circumcise a gentile as through doing so one abolishes the sign that is used by Abraham to protect his descendants from entering purgatory. [Taz 263:3] Alternatively, this is due to an intrinsic prohibition against circumcising a gentile as why should we remove his shame from and engraved within the signature of holiness that is unique for the Jewish people. [Shach 263:8 in name of Levush 263 and that so is implied from Rama ibid and Beis Yosef] Alternatively, the reason is because it is forbidden for one to heal an idol worshiper for free without getting paid, and hence this prohibition only applies if the Gentile has an injury in the area and requires the circumcision for his healing and likewise only applies if he will not be paid for the job. However, intrinsically there is no prohibition against circumcising a gentile during the weekday, and hence one may perform a circumcision on a gentile if he is paid to do so. [Shach ibid in his personal opinion in negation of Shach ibid; Beir Heiytiv 263:4]
[57] Shach 263:8; Beir Heiytiv 263:4
[58] Taz 263:3; Shach 263:8 in name of Levush 263 and that so is implied from Rama ibid and Beis Yosef
[59] Shach 263:8; Beir Heiytiv 263:4; See Yabia Omer 1:16; Y.D. 2:19; E.H. 2:4-3
[60] Taz 263:3; Shach 263:8 in name of Levush 263 and that so is implied from Rama ibid and Beis Yosef
[61] Shach 263:8; Beir Heiytiv 263:4; See Yabia Omer 1:16; Y.D. 2:19; E.H. 2:4-3
[62] Taz 263:3; Shach 263:8 in name of Levush 263 and that so is implied from Rama ibid and Beis Yosef
[63] See Shagas Aryeh 49; Pischei Teshuvah 263:14; See Pesakim Uteshuvos 263:11 footnotes 84-85; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 401-402 footnotes 24-32
[64] Rambam Hilchos Melachim 10:8
[65] Shagas Aryeh ibid
The reason we do not follow the majority population: Although Sancheirev mixed all the nations with each other and it is hence found that there is no country with a majority Bnei Ketura population, nonetheless, we do not argue that we should follow the majority regarding the circumcision obligation of Bnei Ketura, and on the contrary we say that everyone in the country is obligated to be circumcised due to the minority of Bnei Ketura that is mixed within them. The reason for this is because the rule of following the majority only applies to the Jewish people, and does not apply towards Gentiles by which one must be stringent to follow even the minority. [Noda Beyehuda Tinyana E.H. 72 in answer to the question of the Shagas Aryeh ibid against the Rambam; Peri Megadim Reish Shaar Hataruvos Chakira 3; Pischei Teshuvah 263:14] Alternatively, the reason that we do not follow the majority by the Gentile population of a country, is because there always remains a minority of the indigenous people in their land. Thus, there are certainly some descendants of the original Bnei Ketura from Biblical times who currently live in lands of Yishmael and these indigenous Bnei Ketura have the status of Kavua. [See Levush E.H. 4; Likkutei Sichos Parshas Shoftim Vol. 19 Sicha 2]
[66] Rashi ibid
[67] Shagas Aryeh ibid
The reason we do not follow the majority population: As aside for the fact that the main opinion follows that of Rashi that Bnei Ketura are not obligated in circumcision, furthermore, even according the opinion of the Rambam, ever since Sancheirev mixed all the nations with each other there no longer exists any country with a majority Bnei Ketura population, and since the Torah holds that one is to follow the majority, therefore there is no longer any circumcision obligation on any Gentile. [Shagas Aryeh ibid, brought in Pischei Teshuvah ibid]
[68] Beis Yitzchak E.H. 29; Seridei Eish 1:46; 2:60-61; Chelkas Yaakov Y.D. 149; Koveitz Hamayan 37
Other opinions: Some Poskim rule that it is permitted to circumcise the child of a Jewish father and Gentile mother without blessings, even if it is not done for the sake of conversion. According to this opinion, there is no prohibition to circumcise a gentile in exchange for payment. [Yabia Omer 1:16; Y.D. 2:19; E.H. 2:4-3]
[69] Michaber 263:4; ; Pesakim Uteshuvos 265:14
[70] See Encyclopedia Talmudit Vol. 4 Erech Bris Mila p. 257 footnotes 177-179
[71] The reason: As the Jewish people who are holy do not desire for the Mamzer population to become established. [Shach 263:9]
[72] Shach 263:9 in name of Maharil
[73] Rama 263:4
[74] Taz 263:8 in name of Maharil
[75] Taz 263:8 and Shach 263:11 in name of Maharil
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