Defining the Mitzva of Milah PART II
by Rabbi Nachum Scheiner
We previously discussed that there is a fundamental machlokes if the skin must be detached from the skin to fulfill the mitzvah of milah. According to the Chachmas Adam and the Chamudei Daniel it is not a valid milah, if it was not detached. According to the Divrei Chaim and the others it is valid, as long as it is no longer covering the crown, even if it was not detached.
Explanation of the word הִמּוֹל
The basis for this machlokes really goes back to the understanding the expression used in the pasuk (17:10): “הִמּוֹל לָכֶם כָּל זָכָר – You shall circumcise every male.” The word milah is loosely translated as circumcision, but what does it really mean? Does the word “milah” mean to cut or to remove? Based on these two ways of explaining the word, there will be a different way of understanding the essence of the mitzvah.
According to the Chachmas Adam, the word הִמּוֹל means to cut. Hence, simply removing it from the crown is not considered fulfillment of the mitzvah, and the child will still be an areil. This is clear in the Targum, who writes on the pasuk of the mitzvah of milah: “וְתִגְזְרוּן יָת בִּשְׂרָא דְעָרְלָתְכוֹן, you shall cut the foreskin.”
The Divrei Chaim, on the other hand, explains that the word הִמּוֹל means to remove the foreskin, and as long as it is pushed down and the crown is visible, the mitzvah has been fulfilled. He quotes the Chasam Sofer (Y”D 249), who explains that the word הִמּוֹל means to remove. The Chasam Sofer proves this from the words of the Targum on the pasuk (Nitzavim 30:6): “וּמָל ה' אֶת לְבָבְךָ.” The Targum explains: וְיֶעְדֵי ה' יָת טַפְשׁוּת לִבָּךְ,” which means that Hashem will remove the silliness of your heart.
But this brings us to a big problem: As mentioned previously, the Divrei Chaim agrees that the proper way to fulfill the mitzvah is to cut off the entire foreskin the mitzvah, which must be done through some amount of cutting. If according to the Divrei Chaim, the pasuk just means that the foreskin must be removed, what is the source that it is supposed to be cut off?
One answer is based on the opinion of the Maharil Diskin, who maintains that there are really two parts to the mitzvah – cutting off the orlah, and removing the orlah. Therefore, one must be sure to also cut some of the orlah, but for the remainder it is enough to remove it from the crown.
Removing without cutting – a practical application
I recently had a situation at a bris, which brings out this question, if removing without cutting is a fulfillment of the mitvzah. If a baby is born partially mahul, which means it is partially open on top, the mohel will often do something called “manual separating.” In order to ensure that the orlah is detached, the mohel pushes down the orlah, until it appears as if the baby is already mahul. Then, they push it back up and at the actual bris, they cut it off.
The Shevet Halevi (9:208) was asked if, in this case, since the mitzvah seemingly fulfilled earlier – when the mohel separates the arloh – perhaps the brocha should be recited at that time. He rules – based on the above – that the brocha should not be recited, since without any cutting done there is no fulfillment of the mitzvah.
There is also a fascinating question in the poskim in regards to the use of a laser – which is essentially burning off the orlah, instead of the standard method of cutting it off with a knife. The question of using this procedure is relevant for a bris being performed on grownups – such as for baalei teshuva or geirim. This question will depend on the halachic status of laser cutting. If it is a halachically valid method of cutting then it would be good even according to the Chachmas Adam. But, if it is not considered cutting, then even the Divrei Chaim would agree that it is not valid, since he also agrees that some cutting is required
Summary
There is a machlokes if the mitzvah of milah is to cut the foreskin, or just to remove it from the “crown.” We should definitely follow the stringent opinion and cut off the entire orlah. However, there is room to be lenient and consider it a valid milah.
There is also a Kuntres of shiurim on the topic of milah available. If you would like a copy of any of these shiurim, or for any comments and questions, please send a request to: [email protected], or call 845 372 6618.
