In Parshas Lech Lechah, the Torah describes the mitzvah of milah, with the following expression (17:10): “הִמּוֹל לָכֶם כָּל זָכָר – You shall circumcise every male.” But how do we define the mitzvah, and exactly what needs to be done to fulfill the mitzvah?
In case you are thinking that you are not a mohel, and you will leave this discussion to the mohalim, in truth, this is something important for every father to understand. Although this mitzvah is usually performed by a mohel, it is really the father who is given the mitzvah of milah, and the mohel is just serving as a shaliach, an emissary to perform the mitzvah for the father.
We know that the mitzvah of milah is to cut away the orlah, the foreskin that covers the entire top of the male organ, known as the “crown,” but we need to clarify if there is a specific manner in which this must be done.
The Shulchan Aruch (Y”D 264:3) tells us that the mitzvah of milah is to cut the orlah, which seems to imply that the foreskin must be removed by cutting it off, and not with any other method.
But what if someone cuts the foreskin and pushes it down, without actually severing it from the baby’s body? In this case, the foreskin will no longer be covering the crown. However, if it is not totally cut off, it will still remain attached to the baby. If the foreskin is no longer covering the organ, but was not detached from the skin, is that considered a fulfillment of the mitzvah of milah?
Opinion of the Chochmas Adam – it is not a valid milah
The Chochmas Adam (149:17) discusses this very case and writes emphatically that such a milah is invalid and the child is considered an areil, one who did not have a bris milah. He elaborates on this in his glosses to the sefer, called Binas Adam that it is imperative for the fulfillment of the mitzvah to cut off the entire foreskin.
The Pischei Teshuva (264:13) quotes the Chamudei Daniel, who concurs with this ruling, and one must be sure to sever the entire orlah from the body. He adds that even if the mohel will push down the foreskin during the priah (the second stage of the mitzvah), that is not sufficient, since the mitzvah of milah is to cut the orlah off and this was not done.
Opinion of the Divrei Chaim – it is a valid milah
The Divrei Chaim (Y”D II:114-118), however, argues on this premise and writes that although one should cut off the entire foreskin, if it was not cut off, the milah is halachically valid, and the child is not considered an areil.
In a subsequent teshuva he adds that one should not even go back and cut the rest of the orlah, since this can cause undue pain to the baby. He even goes so far as to say that one who does so is acting as a murderer, and he would not be surprised if he is really from Amaleik.
Although, as mentioned, the text of the Shulchan Aruch seems to imply that one must cut off the entire orlah, the Arugos Habosem explains that this may be just be because this is the proper procedure – which the Divrei Chaim also agrees to. However, that does not necessarily mean that it is an absolute requirement, and if it was not cut off the child is not areil.
The Tzemach Tzedek (202) and the Maharim Shik (Y”D 246), based on the words of his illustrious rebbi, the Chasam Sofer (Y”D 249), also concur with the opinion of the Divrei Chaim.
Summary
In a case that the skin is no longer be covering the crown, but was not detached from the baby’s body, there is a fundamental machlokes if that is considered a fulfillment of the mitzvah of milah. According to the Chachmas Adam and the Chamudei Daniel it is not a valid milah, and according to the Divrei Chaim and others it is.
Rabbi Scheiner
