DailyHalacha.com for Mobile Devices Now Available

Click Here to Sponsor Daily Halacha
"Delivered to Over 6000 Registered Recipients Each Day"

      
(File size: 8.86 MB)
If Two Brothers Died as a Result of Berit Mila

The Shulhan Aruch (Yoreh De’a 263; listen to audio recording for precise citation) addresses the tragic situation of a couple whose baby boy died as a result of being circumcised, and then had a second baby boy who also died after circumcision. After two boys in a family die as a result of Berit Mila, the Shulhan Aruch writes, it can be assumed that infants in this family are too fragile to survive a Berit Mila. Therefore, boys born subsequently are not circumcised, given the potential risk to their lives. They are circumcised only after they grow older and can be presumed physically capable of recovering from the procedure. Although generally a "Hazaka" (halachically recognized pattern) is established only after three occurrences of the same phenomenon, in this instance, when a risk to human is at stake, two deaths suffice to establish a "Hazaka" of the family’s inability to survive circumcision in infancy.

The Shulhan Aruch adds that this applies even if the two brothers who died as a result of circumcision shared only the same mother but not the same father, or the same father, but not the same mother. Meaning, if a man had two babies from two different wives, and they both died as a result of a Berit, or if a woman had two babies from two different husbands, and both died as a result of a Berit, the future sons of that man or of that woman are not circumcised during infancy.

Moreover, the Shulhan Aruch writes (based on the Rosh) that if two sisters both had babies who died as a result of Berit Mila, then the future sons of all the sisters are not circumcised during infancy.

Rav Yosef Shaul Nathanson (1808-1875), in his Sho’el U’meshib (Mahadura Kama, 1:238), writes that this law applies even to twin brothers who died as a result of circumcision. Although one might assume that they died as a result of special frailty due to the fact that they were born together, Rav Nathanson rules that their deaths establish a pattern that requires postponing the circumcision of future children born to their parents.

Finally, the Shebut Yaakob (Rav Yaakov Reischer, 1661-1733) writes that if a couple had two sons who died as a result of Berit Mila, and later they divorced and both remarried, their sons born with their new spouses are not circumcised during infancy. Since each one had produced two boys who died as a result of a Berit, each spouse’s subsequent children are not circumcised until they grow older.

It must be clarified that when a circumcision is postponed due to the deaths of two older brothers after undergoing Berit Mila, the child is circumcised when he grows older only if it is medically ascertained that the condition affects only infants. If the problem is found to be hemophilia or some other disorder, which poses as much danger in older ages as in younger ages, then the child is not circumcised at all, even when he grows older. As always, the Torah’s concern for human life outweighs all other considerations, and thus even the vitally important Misva of Berit Mila is suspended when there is even a small concern for the child’s safety.

Summary: If a mother or father had two boys who died as a result of Berit Mila – even with two different spouses – then the parent’s subsequent children are not circumcised until they grow older. This includes subsequent children produced with a different spouse. This law applies even if the two brothers who died were twins. If it is suspected that the condition is hemophilia or some other medical problem that is not resolved when a child grows older, then the child is never circumcised, due to the risk involved.

 


Recent Daily Halachot...
The Priceless Value of Serving as Sandak
The Connection Between Berit Mila and Speech
The Importance of the Berit Mila Meal and the Meal on the Friday Night Before the Berit
Which Kind of Kohen Should One Select for a Pidyon Ha’ben?
Pidyon Ha’ben – When is a Pidyon Required For a Firstborn Son?
Pidyon Ha’ben – May the Money be Given to a Kohenet?
The Pidyon Ha’ben Meal
If the Day of the Pidyon Ha’ben Falls on Shabbat, a Holiday, or a Fast Day
When Should a Pidyon Ha’ben be Performed for a Child Who Cannot Yet be Circumcised?
Using an Object of Value for Pidyon Ha’ben
Pidyon Ha’ben – If the Kohen Foregoes on the Money
May the Kohen Return the Money Received for a Pidyon Ha’ben?
Keeping One’s Word After Designating a Kohen for Pidyon Ha’ben
Pidyon Ha’ben – Appointing an Agent; Performing the Pidyon Far Away From the Baby
Naming a Baby at a Berit; the Permissibility of Naming an Ill Newborn Before the Berit
Page of 239
3585 Halachot found