Circumcision

Circumcision is an affirmative precept, the neglect of which entails the penalty of excision, as it is said, "And the uncircumcised male who is not circumcised in the flesh of his foreskin—that soul shall be cut off from his people" (Gen. 17:14). It is a duty incumbent upon the father to circumcise his son, and upon the master to circumcise his male slave, whether "born in the house" or bought with money. If the father or master failed to perform the circumcision, he has neglected the fulfillment of an affirmative precept but has not incurred the penalty of excision, to which only the uncircumcised person is made liable. In such case of neglect, the court is charged with the duty of circumcising the infant or slave at the appointed time, and must not leave any male uncircumcised among the Israelites or their slaves.

A male infant is not circumcised without the father's knowledge, unless the latter has neglected his duty and refrained from circumcising it. In this case, the Court has it circumcised even against the father's will. Should the child have escaped the notice of the Court, so that it did not have the child circumcised, then that person is under an obligation, when he grows up, to have himself circumcised. Every day that passes, after he is grown up, that he remains uncircumcised, he is neglecting the fulfillment of an affirmative precept. He does not however incur the penalty of excision till he has died, having wilfully remained uncircumcised.

The master is under an obligation to circumcise his male slaves, whether at birth they were his property or whether they had been acquired from a non-Israelite. There is a distinction however between these cases. A slave born in an Israelite's home is circumcised on the eighth day after birth; the slave bought with money, on the day that he is bought. Even if he was born on the day he was bought, he is circumcised on the same day.

Under certain circumstances, a slave acquired by purchase is circumcised on the eighth day after birth, while one born in the house is circumcised on the day he is born. For example, a female slave is bought, and her still unborn child is bought at the same time, the child, subsequently born, is circumcised when eight days old. For, although it had been separately bought, and is thus a slave acquired by purchase, still, as the mother had been acquired before the infant's birth, it is circumcised on the eighth day.

On the other hand, when a female slave was acquired for the sake of her offspring only (i.e. that her offspring might belong to the purchaser); or when she was acquired with the stipulation that she was not to take the ritual bath so as to have the status of a slave in an Israelite's home, though her subsequently born child is born as the property of the Israelite, it is circumcised on the day it is born; because this infant is as though it had been bought alone and had been bought on the day of its birth,—as the mother had not come within the category of an Israelite's female slave, so as to make her male child a slave "born in the house". Should she however, after delivery, have taken the ritual bath, the infant is circumcised on the eighth day.

If one acquired from an idolater, an adult slave who is unwilling to be circumcised, efforts are to be made for a period of twelve months to persuade him to submit to the rite. Should he at the end of this period still remain uncircumcised, he may not be retained but must be resold to a non-Israelite. But if, while he had still been with his non-Israelite master, the condition of sale had been made that he was not to be circumcised, he may be retained (by his new Jewish owner), though uncircumcised—provided that he undertakes to keep the seven Noachide precepts and he will then have the status of a proselyte of the gate. If he does not accept these seven precepts he is to be put to death (as a lawless individual). Proselytes of the gate are only received while the institution of the Jubilee is in force.

A proselyte must, before he can enter the communion of Israel be circumcised. If, while still a gentile, he had already been circumcised, it is requisite to draw a drop of blood from the membrum, on the day when he is received, as a sign of the covenant. Similarly, if a male infant is born with the prepuce absent, it is requisite to draw a drop of blood from the membrum when the infant is eight days old. An androgyne that has both male and female organs is to be circumcised on the eighth day. So too a male infant delivered by the Caesarean operation, or one born with two foreskins is to be circumcised on the eighth day.

Circumcisions are only performed during the daytime after sunrise, whether the operation takes place on the eighth day, the regular time, or subsequently, from the ninth day and further on, as it is said "on the eighth day" (Gen. 17:12) i.e. by day, and not at night. If the circumcision takes place after daybreak, it is correct. The whole of the day is proper for circumcision. Still it is a duty to perform it in the early part of the day, for the zealous fulfill their religious obligations at the earliest possible time.

When a circumcision takes place at the regular time (on the eighth day), it supersedes the prohibition of work on the Sabbath. But if it is to be performed after the regular time, it neither overrides the obligation of the Sabbath nor of the festivals. Whether performed at the regular time or not, it supersedes the obligation of the law of leprosy. If there was a bright leprous spot on the foreskin, the spot is cut off with the foreskin. For though the hacking of a leprous plague spot is prohibited, the affirmative precept (of circumcision) overrides the prohibition.

Even as the circumcision of male infants overrides the obligation of the Sabbath, so the circumcision of bondmen who are to be circumcised on the eighth day, overrides the obligation of abstinence from work on the Sabbath, should the eighth day fall on the Sabbath. To this rule there is an exception, namely, that of a bondman "born in the house", whose mother had not taken the ritual bath before the child was born. In this case, though the infant should be circumcised on the eighth day, the circumcision does not override the obligation of abstaining from work on the Sabbath.

When an infant was born "circumcised" (i.e. without a prepuce), or was delivered in the eighth month, after conception, while still immature—when it is considered to be in the category of a still-born child, as it may not live—; or if it was delivered by the Caesarean operation; or was an androgyne; or had two foreskins—in any of these cases the duty of circumcision on the eighth day does not override the obligation of the Sabbath. All such infants are circumcised on the first day of the week, which is the ninth day after birth.

If an infant is born (in the evening) when it is dusk and doubtful whether it is still day or already night, the eight days are counted from the night and the infant is circumcised on the nominally ninth day, which may in fact be the eighth day after its birth. If an infant is born on the eve of the Sabbath at dusk, the circumcision does not override the obligation of the Sabbath. It is circumcised on the first day of the week, since in a case when it is doubtful whether the Sabbath is the eighth day, the obligation of the Sabbath is not superseded.

If an eighth-month infant shows full development in its hair and nails, it is (regarded as) a mature seventh-month infant the delivery of which has been delayed. It may therefore (as a living being) be carried and taken from place to place on the Sabbath, and is not regarded as a stone (an inanimate object). It is circumcised on the Sabbath (should that be the eighth day after its birth). But if it was born with its hair undeveloped and its nails not perfectly formed as these are in normal infants, it is regarded as an eighth-month child that would not have been maturely developed till its ninth month, but that had been prematurely delivered while still immature. It is regarded as a stone (an inanimate object) and may not be moved on the Sabbath. Should it however live for thirty days, it is considered an infant capable of continued existence, and as in all respects like other infants; for an infant of the human species that survives for thirty days is no longer in the same category with the still-born.

A seventh-month infant that is fully formed is regarded as an infant expected to live, and is circumcised on the Sabbath. If it is doubtful whether such an infant is a seventh or an eighth-month child, it is, on either assumption, circumcised on the Sabbath. If it is, in fact, a seventh-month infant and mature, it is in accordance with the law that the circumcision should override the obligation of abstinence from work on the Sabbath. If it is an eighth-month child, the operator who circumcises it is regarded as cutting flesh, since an eighth-month infant is in the same category with a still-born child.

If the head of the foetus had emerged at dusk on the eve of the Sabbath, though complete delivery had not taken place till after night-fall of the Sabbath, the infant is not circumcised on a Sabbath. And in every case whenever a circumcision does not supersede the obligation to rest on the Sabbath, it likewise does not supersede the obligation to refrain from work on the first days of the festivals; but does supersede this obligation on the second days of the festivals. To this rule the New Year forms an exception. Circumcision (in cases where it would not supersede the obligation to rest on the Sabbath) does not supersede the duty to refrain from work on the first or on the second day of the New Year. So also, a circumcision, not taking place at the due time (on the eighth day after birth), does not supersede the obligation to refrain from work on the two days of the New Year.

A sick infant is not circumcised till it is well. Seven consecutive periods, each of twenty four hours, are counted from its recovery, after which it is circumcised. This applies to recovery from fever and similar illnesses. But if it had suffered from sore eyes, then as soon as the eyes are open and well, it is immediately circumcised. And so with similar disorders [that are localized and do not affect the general health].

An infant found on the eighth day to be excessively yellow is not circumcised till the circulation has become normal, and its complexion is like that of other healthy infants. So too, if it was excessively ruddy, presenting the appearance of one who had been dyed red, it is not circumcised till the blood has been absorbed, and its complexion is like that of other infants—this redness being a disease. In these cases, great caution must be exercised.

When a woman's first male child was circumcised and died as a result of the operation, which lowered its vitality, and her second male child also died as a result of its circumcision,—whether that infant was by the same or by another husband,—her third male child must not be circumcised at the appointed period (on the eighth day). The operation must be deferred till the infant has grown and its constitutional vigour is established. No child may be circumcised, unless it is entirely free from disease, since danger to life is a factor that overrides everything else. It is possible to circumcise after the appointed time, but it is impossible to restore a life that is extinct.

All are qualified to perform the operation of circumcision. Where there is no adult circumcised male, (Israelite), it is performed by an uncircumcised Israelite, a bondman, a woman or a minor. But under no circumstances does a gentile circumcise. If however he has done so, the operation need not be repeated. The circumcision may be performed with any instrument made of flint, glass or other material which cuts. One should not however use a reed for fear that splinters may hurt the child. The best method of fulfilling the precept is to use an iron instrument, such as a knife or shears. The universal custom in Israel is to use a knife.

How is circumcision performed? The entire foreskin which covers the glans is cut, so that the whole of the glans is exposed. Then the thin layer of skin (mucous membrane) beneath the foreskin in divided with the nail and turned back, till the flesh of the glans is completely exposed. The wound is then sucked till the blood has been drawn from parts remote (from the surface), thus obviating danger (to the child's health). The operator who omits to do so is removed from practice. After this has been done, a plaster, bandage, or similar dressing is applied.

There are some cases where shreds of skin that are left render the circumcision invalid. In others, they do not render it invalid. If so much of the foreskin remains as to cover the greater part of the glans, lengthwise, the infant is regarded as uncircumcised, as it was before the operation. This is a case of a shred of skin that invalidates the circumcision. If only a small portion of skin is left that does not cover the greater part of the length of the glans,—it is a filament, the non-removal of which does not invalidate the circumcision.

The operator, as long as he is still occupied with the circumcision, resumes his task to remove both kinds of shreds. But if he has completed the circumcision, he only resumes his task to remove these filaments, the non-removal of which would invalidate the circumcision, but not those which do not make it invalid. Should he have performed the circumcision and not drawn back the inner skin, (mucous membrane) it is as if he had not circumcised at all.

An infant whose flesh is tender and flaccid or who is fat, so that it appears as if it had not been circumcised, is to be examined during an erection. If it then seems circumcised, nothing need be done. Still the (flaccid) flesh should, for the sake of appearances, be pushed back on both sides. But if during erection, it does not appear circumcised, the flaccid flesh is cut away on both sides, so that the glans appears thoroughly exposed during erection. This is an ordinance of the scribes. But according to the Scriptual law, even if the infant appears uncircumcised, once the circumcision has taken place, it need not be repeated.

All the requisites that belong to the act of circumcision are done on the Sabbath. The foreskin is removed, the mucous lamella (inner layer of skin) retracted, the blood drawn by suction. If shreds of skin are left, such as would make the circumcision invalid, the operator resumes his task to remove them, even after he has completed the circumcision. If the shreds are such as would not invalidate the circumcision, he only does so if he is still engaged in the operation. A dressing is applied. But the preliminary preparations for the circumcision do not override the obligation of the Sabbath. For example, if a knife was not found, it may not be manufactured on the Sabbath. Nor may it be carried from place to place. And if no Erub had been prepared to permit carrying through an alley communicating between two courts, the knife may not even be carried from one court to the other. For though the Erub is a Rabbinic ordinance, the necessity of bringing the knife does not override the requirement of compliance with the Erub; since the knife could have been brought on the day before the Sabbath.

So too, drugs for the dressing are not ground on the Sabbath; water is not heated, neither is a dressing prepared nor an emulsion of wine and oil mixed. If cummin seed (used as a styptic) had not been ground on the day before the Sabbath, the operator chews it with his teeth and applies it. If an emulsion of wine and oil had not been prepared, he applies each separately. The general principle is as follows: Whatever might have been prepared on the day before the Sabbath does not supersede the obligation of the Sabbath. If the requisites had been forgotten and not been provided, the circumcision is put off to the ninth day.

If, after the circumcision, the warm water for bathing the infant had been spilt, or the drugs (for the dressing) had been scattered, everything needed is prepared on the Sabbath day so as to avoid danger to the child. Where it is the practice to bathe the infant, this is done on the Sabbath when the circumcision takes place, before or after the operation, and also on the third day after the operation, should that day fall on the Sabbath. The bathing takes place, of the whole body or of the genitals only, according to the local custom, with water which had been kept warm from the previous day, or which had to be heated on the Sabbath, since the omission of the ablution might be dangerous to the infant.

If, through forgetfulness, the knife had not been brought on the day before the Sabbath, a non-Israelite is directed to bring it,—provided that he does not carry it through the public thoroughfare. The general principle may be stated as follows: Whatever we are forbidden to do by Rabbinic ordinance, as a precaution to prevent Sabbath violation, we may direct a gentile to do, to enable us to fulfill a religious precept at the proper time. But whatever is forbidden to be done by us on the Sabbath because it is work, we may not ask a gentile to do on the Sabbath.

The requisite preliminaries in preparation for the circumcision—even when it is to take place on the proper day, do not supersede the obligation of abstaining from work on the festival, since these could have been prepared on the day before the festival. This can be deduced a fortiori. Since the preparation of preliminaries to circumcision do not supersede a prohibition which is a precaution to prevent Sabbath violation, and which is only a Rabbinic ordinance, how can it supersede a prohibition of work on the festivals which is expressly forbidden in the Scriptures. Drugs, however, that are required for the circumcision are ground on the festival, since they can be used for cooking (as spices). So too, wine and oil may be beaten up as an emulsion (to be used after the operation).

Before circumcising, the operator recites the blessing, "Blessed art Thou, O Lord, our G-d, King of the Universe Who hast sanctified us with Thy commandments and given us command concerning circumcision." This blessing is said by him when he circumcises the son of another person. If he was circumcising his own son, the formula he recites is … "and commanded us to circumcise the son." In either case, the father of the child recites another blessing also: "Blessed art Thou, O Lord, our G-d, King of the Universe Who hast sanctified us with Thy commandments, and commanded us to make him enter into the covenant of Abraham, our ancestor." The duty is incumbent upon the father to have his son circumcised; and this is in addition to the obligation that rests on all Israelites to circumcise any male person among them. Hence, if the father is not present at the circumcision, the second blessing is not recited after it. One authority decided that in such a case, the Ecclesiastical court or one of those present should say this blessing. It is, however, not right to do so.

If there are persons present, they say (to the father) "Even as thou hast brought him into the covenant, so mayest thou lead him to the study of the Torah, to marriage and to the performance of good deeds.

The father, operator or any one else present says, "Blessed art Thou, O Lord, our G-d, King of the Universe, Who, from the womb didst sanctify the well-beloved (Isaac), and didst set Thy statute in his flesh, and seal his offspring with the sign of the holy covenant. On this account, O living G-d, our Portion and our Rock, give command to deliver from destruction the dearly beloved of our flesh for the sake of the covenant which Thou hast set in our flesh. Blessed art Thou, O Lord, Who makest the covenant." The father of the child recites the blessing "Who hast preserved us in life."

One who circumcises proselytes says the blessing, "Blessed art Thou, O Lord our G-d, King of the Universe, Who hast sanctified us with Thy commandments and commanded us to circumcise proselytes and draw from them the blood of the covenant. For if it were not for the blood of the covenant, Heaven and Earth would not have endured, even as it is said "Were it not for My Covenant by day and night, I would not have appointed the ordinances of heaven and earth" (Jerem. 33-25).

If one circumcises his own bondman, he says the blessing, "Blessed art Thou, O Lord our G-d, King of the Universe, Who hast sanctified us with Thy commandments and commanded us to circumcise bondmen and draw from them blood of the covenant; for if it were not for the blood of the covenant, Heaven and Earth would not exist. If one circumcises a bondman belonging to other persons, the formula recited is … "concerning the circumcision of bondmen." When an adult is circumcised, the private parts must be covered till after the blessing has been said; and then uncovered while the circumcision is performed.

If a proselyte had been circumcised before he became a proselyte, or if a male infant was born apparently circumcised, (i.e. with the prepuce deficient) no blessing is recited when a drop of blood is drawn from the virile member. So too, no blessing is said at the circumcision of an androgyne (hermaphrodite), since the subject is not positively (and exclusively) a male.

When a heathen needs to be circumcised because a wound of boil had formed in that part, an Israelite was (in ancient times) forbidden to perform the operation, on the principle that nothing is to be done to rescue idolaters from death or occasion it in their case. And this was the rule despite the possibility that this cure might be a religious act since no such intent had been expressed. Hence, if the idolater had the intent, expressed or otherwise known, that the operation should be a ritual circumcision (of a proselyte), an Israelite may perform the operation.

The foreskin is regarded as an abomination, for which the gentiles are contemned in Scripture, as it is said "For all the nations are uncircumcised (Jer. 9-25). An important institution is Circumcision. For the Patriarch Abraham was not called perfect till he had circumcised himself, as it is said, "Walk thou before me; and be thou perfect. And I will make my covenant between Me and thee" (Gen. 17:1-2). Whoever neglects the covenant of our ancestor Abraham, and retains the foreskin or artificially obliterates the marks of circumcision, even if he has acquired much knowledge of the Torah and practises good deeds, will have no portion in the world to come.

Mark how strictly the observance of Circumcision is to be regarded. Moses, although he was on a journey did not receive indulgence a single hour for neglecting this duty. In connection with all the precepts of the Torah, three covenants were made with Israel; as it is said "These are the words of the covenant which the Lord commanded … beside the covenant which He made with them in Horeb" (Deut. 28:69). And in the next section it is said "Ye are standing this day all of you before the Lord your G-d … that thou shouldst enter into the covenant of the Lord thy G-d" (Deut. 29:9-11). Three covenants are here mentioned. But in connection with Circumcision, thirteen covenants were made with our ancestor Abraham: "And I will make My covenant between Me and thee" (Gen. 17:2); "As for me. behold, My covenant is with thee" (ib. 17:4); "And I will establish My covenant between Me and thee" (ib. 17:7); "for an everlasting covenant" (ib. 17:7); "And as for thee, thou shalt keep My covenant" (ib. 17:9); "This is My covenant which you shall keep" (ib. 17:10) "And it shall be a token of a covenant" (ib. 17:11); "And My covenant shall be in your flesh" (ib. 17:13); "for an everlasting covenant" (ib. 17:13); "he hath broken my covenant" (ib. 17:14); "And I will establish My covenant with him" (ib. 17:19); "for an everlasting covenant" (ib. 17:19); "But My covenant I will establish with Isaac" (ib. 17:21).