Chapter 6: The Mohel

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Chapter 6: The Mohel

  1. Who can be the Mohel:[1]

Father of child: It is a positive commandment for the father to perform the Bris Milah to his son.

Woman: Some Poskim[2] rule that it is valid for a woman to perform a circumcision. Other Poskim[3] rule that it is invalid for a woman to perform a circumcision and so is the custom, to place effort to have a man perform the circumcision.

Gentile:[4] A Gentile may not circumcise a Jew even if the Gentile is circumcised. Nonetheless, if a Gentile performs the circumcision then some Poskim[5] rule that it is not necessary to repeat it a second time. However, other Poskim[6] rule that it is necessary to go back and perform Hatafas Dam Bris and so is the main opinion.

Mumar; Non-religious doctor:[7] A heretic has the same status as a Gentile regarding performing a circumcision, [and hence it is forbidden for him to circumcise, and if he does so than Hatafas Dam Bris is required to be performed].

  1. Choosing a Mohel:[8]

One should choose as a Mohel an individual who is good and righteous in order so he have the proper concentrations upon during the circumcision, and hence influence that the child be righteous like him. [If the Mohel has proper concentration, this will make a large effect above in heaven and this child will not hurriedly sin and the blood of the circumcision will be marked in the chambers of heaven near the throne of G-d.[9]]

Expertise versus acquaintances:[10] A Mohel should only be chosen due to his expertise and righteousness, not due to one’s friendship with him, unless the friend is in truth also an expert.

Expertise versus righteousness:[11] A Mohel who is of greater expertise is to be chosen over a Mohel of lesser expertise even if he is of greater righteousness and holiness.

  1. Appointing another Mohel:[12]

Once a Mohel has been asked by the father to perform a Bris Milah, it is forbidden for the father to go back on his word and ask somebody else to do so [and if he does so then he is considered wicked[13]].[14]

The second Mohel is more experienced and expertise:[15] In the event that one found a more experienced or more expertise Mohel, then one may even initially retract from his original appointment and appoint the more expertise Mohel. [This however may only be done at least one or two days before the circumcision and not in close proximity to the circumcision as doing so will shame and embarrass the original Mohel.[16]]

The second Mohel is more righteous or a greater friend:[17] In the event that one found a more righteous Mohel, or a Mohel who is a greater friend, then one may even initially retract from his original appointment and appoint the more righteous Mohel or a Mohel who is a greater friend, if one would have definitely appointed him initially if he was around at the time of the appointment of the original Mohel. [This however may only be done at least one or two days before the circumcision and not in close proximity to the circumcision as doing so will shame and embarrass the original Mohel.[18]]

May the second Mohel do so if asked:[19] If the father transgresses and retracts from the appointment and asks another Mohel to do so, then it is permitted for the second Mohel to do so.

  1. Switching Mohel’s for the Brisim of different children:[20]

Some Poskim[21] rule that once one has become accustomed to hiring a certain Mohel to perform the circumcisions of his sons then it is forbidden to switch and use a different Mohel for the circumcision of any future sons [without the original Mohel’s consent]. This certainly applies if one used the same Mohel for the circumcision of three sons, and some are stringent even after two sons, or even one son, to not use another Mohel.[22] Nonetheless, despite the above opinion, many people are not particular in this matter, and rely on the dissenting opinions[23] on this issue, as well as the established community custom, to not acquire the rights of circumcising one’s sons to any individual Mohel.[24] However, in those communities in which it is customary to retain the same Mohel for all future sons after two sons have been circumcised by him, then one is to be stringent unless there is extraordinary reasons for taking a different Mohel [i.e. not available, found Mohel of greater righteousness or expertise[25]].

  1. Paying the Mohel:[26]

A Mohel may not demand payment in exchange for his service of performing the circumcision. The Jewish court is to reprimand such a Mohel who demands payment and refuses to do so for free, as this is not the way of the descendants of Avraham. On the contrary, it is customary for Mohalim to run after the Mitzvah of Mila not for the sake of money, but simply to fulfill the Mitzvah. [However, a number of exceptions to this rule are recorded, which effect that in the standard case, a Mohel may ask to be paid:[27] If the father knows how to circumcise and chooses not to do so, then the Mohel may demand payment.[28] Likewise, if another individual could have done the circumcision for free, then he may ask for compensation.[29] Likewise, the Mohel is entitled to receive Sechar Batala, which is a basic compensation of salary for the time he took to perform circumcision. This is in contrast to payment for his service. It goes without saying that he is entitled to be reimbursed for transportation and other expenses.]

  1. Tevila:[30]

It is customary for the Mohel to immerse in a Mikveh in the morning in honor of the Bris.

  1. Aliyah:

The Mohel is considered a Chiyuv on the Shabbos before the Mila or Shabbos of the Mila and on the day of the Bris [if it falls on a  Monday or Thursday[31]].[32] Nevertheless, the custom today is not be particular in this matter, and not to treat them as a Chiyuv for an Aliya, and rather they are given a different honor such as Hagbah.[33]

Sandek versus Mohel:[34] The Sandek is an even greater position than the Mohel, and hence receives precedence in getting an Aliyah to Torah over the Mohel.

  1. Mohel being Chazan:[35]

It is customary for the Mohel to lead the prayers as Chazan on the day of the circumcision.[36]

  1. Reviewing the laws of circumcision beforehand:[37]

It is incumbent upon the Mohel to review the laws and customs of the circumcision, as well as its concentrations, prior to performing it in order so he does not forget any details and so there not be a blemish in his work. This especially applies by this Mitzvah by which the soul of the child is dependent on.

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[1] Michaber Y.D. 264:1; See Pesakim Uteshuvos 264:1-4; See Encyclopedia Talmudit Vol. 46 Erech Mila p. 538-547

The greatness of the Mitzvah of being a Mohel: See Pesakim Uteshuvos 261:4

[2] Michaber ibid

[3] Rama ibid

[4] See Pesakim Uteshuvos 264:2

[5] Michaber ibid

[6] Rama ibid

[7] Rama ibid; See Pesakim Uteshuvos 264:3 regarding heretic doctors

[8] Rama 264:1; Levush 264:1; Maharil ibid; Shevach Habris 17:3; See Os Shalom 264:7; See Pesakim Uteshuvos 264:5

[9] Migdal Oz Nachal 11; Zocher Habris 17:15; Shevach Habris 17:9

[10] Sefer Chassidim 973; Maharil Hilchos Mila; Shelah Hilchos Mila; Migdal Oz Nachal 9; Shemiras Hanefesh 138; Kaf Hachaim 116:183; Sefer Shemiras Haguf Vihanefesh [Lerner] 150:1; Shevach Habris 174; See Pesakim Uteshuvos 264:6

[11] Koreis Habris 264:7; Os Shalom 264:6; Igros Kodesh 7:232; Reshimos Vol. 6:186 p. 14; Toras Menachem 5711 2:278; Shevach Habris 17:3; See Pesakim Uteshuvos 264:6

[12] Rama Y.D. 264:1; See Pesakim Uteshuvos 264:7-8

If the original Mohel could not make it and then showed up: See Rama ibid; Pesakim Uteshuvos 264:8

[13] Shach 264:6; Taz 264:5

[14] The reason: Once a Mohel has been appointed, it is forbidden for one to retract disappointment being that doing so is considered lying. [Taz 264:5; Shach 264:7; Beis Yosef]

[15] Taz 264:5 ; See however Migdal Oz Nachal Gimel

[16] Chasam Sofer Y.D. 246

[17] Taz 264:5

[18] Chasam Sofer Y.D. 246

[19] Rama ibid

[20] See Pesakim Veteshuvos 264:7; Otzer Habris p. 165; Kuntrus Idna Dechedvasa p. 61 article of Rav Shlezinger

[21] Rav Akiva Eiger 264:4 in understanding of Maharik Shoresh 76, recorded in Beis Yosef 264, “Just as we rule regarding Makirei Kehuna that it is forbidden for one to retract from the present up Teruma and Maaser to give, so too one is forbidden to retract from a Mohel who was accustomed to circumcise one’s sons.”; Nivchar Bakesef O.C. 4 “It is obvious that one who has received a Chazakah in doing a mitzvah then it cannot be removed from him as rules the Rambam and Maharik ibid”; Migdal Oz 53:20; Rashal in Yam Shel Shlomo Bava Kama 8:60; Mayim Amukim 70; Zechor Leavraham Chazaka; Admas Kodesh 2:130

[22] See Zechor Leavraham Chazaka; Admas Kodesh 2:130; Pesakim Uteshuvos ibid footnote 48

[23] This ruling of Maharik ibid is omitted in Michaber and Rama 264:1 and negated in Beis Yosef 264 who rules like Rosh 12:2 over the Maharik ibid; See Chacham Tzevi 70; Article of Rav Shlezinger ibid who completely negates the stringent approach and says it’s a misunderstanding in the Maharik, as even the Maharik only discussed a case that the Mohel received the newborn child, and even he only discussed it from the aspect of Makirei Kehuna and not from the aspect of Chazakah; See there for other reasons of why the stringency doesn’t apply; Rav Eli Landa Shlita suggests that seemingly even according to the stringent approach, it only applies when the Mohel does the mitzvah for free, however when he does it in exchange of payment, then he does not acquire any rights to the Mitzvah. See the following Poskim regarding a similar ruling that a Chazan or Baal Tokeia is not a Chiyuv for an Aliyah on Rosh Hashanah or Yom Kippur if he is paid for his service: Elya Raba 584:9; Machatzis Hashekel; P”M 584 A”A 6; M”E 584:22; M”B 584:9; Kaf Hachaim 584:24; Vetzaruch Iyun! 

[24] Zocher Habris 2:32; Pesakim Uteshuvos ibid that so is the widespread custom today do not be particular in this matter 

[25] See Taz 264:5; Chacham Tzevi ibid

[26] Rama Y.D. 261:1; Rashba 472; See Pesakim Uteshuvos 261:3

[27] See Raavad Shavuos 6:9; Taz 221:42;  Hagahos Yad Shaul 261; Pischeiy Teshuvah 261; Birkeiy Yosef 261:5; Aruch Hashulchan 261:6; Zocher Habris 261:2; 24; Divrei Sofrim 27; Pesakim Uteshuvos 261:3

[28] Rama ibid

[29] Pesakim Uteshuvos ibid

[30] Shelah Chulin; Migdal Oz Nachal 9; Maharil beginning of Mila; Birkeiy Yosef 265:18; Zocheir Habris 17:10 and 18:15; Shevach Habris 17:7

[31] See Piskeiy Teshuvos 136:9 and 11

[32] M”A 282:18; Levush O.C. 282

[33] Shaareiy Efraim 2:1; Biur Halacha 136:1 “Beshabbos Veyom Tov”

[34] Rama Y.D. 265:11 “The power of the Sandek is even greater than that of the Mohel, and he hence is to receive precedence to the Torah”;

[35] Rama Y.D. 265:11; Admur 53:6; See Pesakim Uteshuvos 265:34; See Encyclopedia Talmudit Vol. 4 Erech Bris Mila p. 247 footnotes 23-29

[36] The reason: As the verse states “Romemus Keil Bigronam Vicherev Pifiyos Beyadam.” [Rama ibid]

[37] Migdal Oz Nachal 13; Zocher Habris 17:14; Shevach Habris 17:10

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