Mishneh Torah (Moznaim)
Featuring a modern English translation and a commentary that presents a digest of the centuries of Torah scholarship which have been devoted to the study of the Mishneh Torah by Maimonides.
Mishneh Torah (Moznaim)
Featuring a modern English translation and a commentary that presents a digest of the centuries of Torah scholarship which have been devoted to the study of the Mishneh Torah by Maimonides.
Although a father is commanded to circumcise his son, if he is not present or cannot perform the mitzvah, it may be performed by another person.
In his Kessef Mishneh, Rav Yosef Caro explains that it refers to a person who was not circumcised because his brothers died because of circumcision. A Jew who intentionally fails to circumcise himself, however, should not be allowed to circumcise others. Rav Yosef Caro also quotes this ruling in the Shulchan Aruch (Yoreh De’ah 264:1). Note also the Rama (loc. cit), who states that an apostate should not be allowed to circumcise others.
Although a slave is not a full-fledged member of the Jewish community, he is obligated to perform certain mitzvot and is himself circumcised.
Avodah Zarah 27a allows a woman to perform a circumcision, because “a woman is considered as if she is circumcised.” The matter is, however, one of debate, and other Sages do not allow a woman to perform a circumcision. Tosafot follow this view and their opinion is quoted by the Rama (loc. cit).
This is allowed because a minor will ultimately be obligated to perform all the mitzvot and is circumcised himself.
I.e., if possible, an adult male should be charged with the fulfillment of this mitzvah.
The Chatam Sofer (Yoreh De’ah, Responsum 132) explains that when a gentile performs a circumcision, it is as if the mitzvah has not been performed at all.
This is the accepted practice today. Some authorities maintain that even the Rambam requires such a step.
See Exodus 4:25, which relates that Tziporah (Moses’ wife) performed a circumcision with such a utensil.
Chulin 16b explains that we are afraid that a splinter from the reed may damage the penis.
The Targum Yonatan interprets Joshua 5:2 as an indication that iron was used for circumcision even at that early age. The Prishah (Yoreh De’ah 284:7) relates that this custom was instituted after Goliath’s iron helmet split open before David’s stone. God promised iron that, in recognition of its act on behalf of the Jews, they would use it for a positive purpose in future generations. The Mishnah (Shabbat 19:1) refers to the use of iron utensils for circumcision as an accepted custom.
See the Jerusalem Talmud, Shabbat 19:6.
I.e., all the tissue of the foreskin until its ridge must be removed.
The pri’ah should be carried out after the circumcision itself. Today, there are some mohalim who insert a utensil and lift up the membrane before the circumcision, and then cut off the foreskin and the membrane together. Many contemporary authorities have criticized this approach.
The Yalkut Shimoni, Vol. II, note 723, states that nails were created for this purpose.
Preferably, no portion of the foreskin or the membrane should remain. See Chatam Sofer (Yoreh De’ah, Responsum 248).
Traditionally, the mohel sucks out the blood with his mouth. Nevertheless, in previous generations, the Rabbis did grant license to use a pipette because of the possibility that germs in the mohel’s mouth might infect the child. Today, there are authorities who suggest the use of a pipette because of the danger that the mohel could contract AIDS.
The Tiferet Yisrael (Shabbat 19:2) relates that internal bleeding caused by the circumcision could cause the penis to swell, and applying suction to remove the blood averts that danger. The Tiferet Yisrael also writes that a danger exists that applying too strong a suction will rupture the blood vessels and cause excessive bleeding. Therefore, he recommends that one should apply gentle suction.
Because of the danger to which he exposes the children.
To stop the bleeding and assist the healing of the wound.
Rashi, Shabbat 137b, states that surely if the foreskin is left on the greater part of the circumference of the penis’ crown, it is unacceptable. When quoting this law, the Shulchan Aruch (Yoreh De’ah 264:5) states that if the greater part of the height of the crown is left covered in any one place, the circumcision is not acceptable. Thus, even a thin strand of skin that covers either the greater part of the height or the greater part of the circumference of the crown can disqualify the circumcision.
A second circumcision is required in such an instance, and a blessing is recited when performing it.
See the following halachah.
As mentioned in Halachah 6, this ruling applies even when the circumcision is being carried out on the Sabbath.
Since, as explained in the previous halachah, unless this flesh is removed, a second circumcision is necessary.
The Rambam’s wording is somewhat problematic. The Beit Yosef (Yoreh De’ah 264) explains that the Rambam’s intent is that we are not required to remove this flesh. In contrast, the Sha’agat Aryeh (Responsum 50) interprets the Rambam as stating that, once the mohel has interrupted his activity, he is forbidden to return and cut off the remaining flesh. (The Sha’agat Aryeh himself questions the Rambam’s decision. The Merkevet HaMishneh explains that since the circumcision is acceptable, it is forbidden to inflict further pain on the child.)
The Rama (Yoreh De’ah 264:5) rules that if the circumcision is performed during the week, one should remove this flesh. This ruling is followed throughout the Jewish community today.
The Babylonian Talmud relates that although pri’ah is not mentioned in the Torah, nor was Abraham commanded to carry out this activity, it is part of the oral tradition (halachah leMoshe miSinai), which may not be ignored (Shabbat 137b, Yevamot 71b). The Jerusalem Talmud (Yevamot 8:1) differs, and uses the principles of Biblical exegesis to derive the obligation of removing the membrane.
I.e., the circumcision was performed properly, but, nevertheless, these conditions were apparent. Were this condition to result from an improper circumcision, a second circumcision would be required. Since the circumcision was performed correctly, such measures are not necessary.
When the penis is extended and its flesh taut.
There is no need for the entire crown to be revealed; as long as one third of it is not covered by the flesh, it is acceptable (Terumat HaDeshen 264).
The flesh should be held back with bandages to prevent it from covering the crown. There is, however, no necessity for an additional operation even if these measures are not successful (Terumat HaDeshen, ibid.).
If more than two-thirds of the crown is covered.
The Rama (Yoreh De’ah 264:6) explains that, in this instance—in contrast to the original circumcision—it is not necessary to reveal the entire crown; it is necessary only to reveal a minimal portion.
Properly and all the flesh removed from the crown of the penis.
As mentioned in Chapter 1, Halachah 9, when a circumcision is carried out on the eighth day of a child’s life, it may be performed on the Sabbath, with the exception of several unique instances.
The three phases of the circumcision mentioned in Halachah 2.
This is permitted because, until these strands of flesh are removed, the obligation to circumcise the child on the eighth day has not been fulfilled. (See Halachah 3 and commentary.) Hence, just as we are allowed to carry out the operation on the Sabbath at the outset, we are allowed to complete its performance by removing these strands of flesh.
Even according to the opinion that allows one to return and remove these strands of flesh during the week, it is forbidden to do so on the Sabbath, because the circumcision is acceptable. Hence, no further cutting is permitted because of the Sabbath laws.
In general, medication may be applied on the Sabbath only when a danger to life is involved. The Sages considered circumcision to be in this category.
The license the Torah grants for circumcision to be performed on the Sabbath applies only to the deed of circumcision, which is itself a mitzvah. All the preparatory stages that make circumcision possible must be performed beforehand, for they are not elements of the actual performance of the mitzvah (Kiryat Sefer).
I.e., from a public domain to a private domain.
Here, there is no Scriptural prohibition involved.
Pesachim 92a cites this as an example of the power of Rabbinic law. Although karet (the punishment for not fulfilling the mitzvah of circumcision) is involved, the Sages enforced their decree against carrying in such places and forbade bringing the knife.
A compress that is prepared before the Sabbath may be applied on the Sabbath. It is, however, forbidden to prepare the compress on the Sabbath (see Hilchot Shabbat 23:11).
The mixture of wine and oil was applied to the wound to heal it.
According to Scriptural Law, a labor is forbidden on the Sabbath only when it is performed in its usual fashion. In most cases, however, such activities are forbidden by the Rabbis. Nevertheless, in this instance, since the herbs are being prepared for a remedy and they are not being prepared in the normal manner, the Sages did not forbid their preparation (see Hilchot Shabbat 21:26).
In Hilchot Shabbat 21:1, the Rambam defines a sh’vut as follows: [With regard to the Sabbath,] the Torah has told us, “You shall rest.” This implies that we are obligated to rest from the performance of [certain] activities even though they are not included among the forbidden labors. In Chapters 21 and 22 of those halachot, the Rambam explains the concept of sh’vut in detail.
In Hilchot Shabbat 6:9, the Rambam mentions this leniency with regard to bringing a shofar on Rosh HaShanah [i.e., in Jerusalem, to be sounded in the Temple]. Although Tosafot (Gittin 8b) maintain that the leniency should not be extended beyond the scope of the mitzvah of circumcision, the Rambam’s ruling is accepted by the Shulchan Aruch (Orach Chayim 307:5).
For this reason, a gentile may not be instructed to make a knife or boil water for the circumcision. (See Shulchan Aruch, Orach Chayim 331:6.)
I.e., on the eighth day of a child’s life.
Thus, making a knife is forbidden on a festival. Nevertheless, carrying a knife through the public domain and heating water are permitted on a festival.
There are certain leniencies regarding the performance of labor on festivals when compared to the performance of labor on the Sabbath. Nevertheless, the performance of labor on festivals is also considered a Scriptural prohibition. (See Hilchot Sh’vitat Yom Tov 1:1.)
On festivals, we are allowed to perform any labor that is connected with the preparation of food. Since these herbs could be used for food, we are allowed to prepare them for the circumcision as well.
In this instance, only a Rabbinic prohibition is involved, and it is waived because of the importance of circumcision (Ma’aseh Rokeach).