Saturday, January 14, 2006

The Circumcision Controversy

There is a controversy raging in New York currently about an ancient procedure performed at a Bris (circumcision) called Metzitza, or more correctly Metzitza B’Peh. Metzitza B’Peh is performed by the Mohel after the foreskin is removed. The Mohel sucks the blood by mouth out of the area where the foreskin was cut.

A few months ago an experienced Mohel who has performed hundreds of circumcisions had apparently transferred some viral material from a Herpes cold sore after which that child subsequently died. Although there are some who dispute linking the baby’s death to the Mohel claiming that there is no hard evidence, it does seem to be likely. This has resulted in great controversy about whether this portion of the circumcision should be performed at all. The New York Health commissioner made a strong appeal to the Charedi community to stop this dangerous procedure just short of threatening to outlaw it which would raise church state issues.

The result was a massive outcry by the Charedi community equating the health commissioner and an American governmental body to the worst in Czarist Russia... calling it a time of Shmad (forced conversions) when the governmental goal was to convert the Jews.

This is a ridiculous charge on the face of it. There is absolutely no comparison between what the New York health department was trying to do and what Czar tried to do to the Jews of Russia. In the New York case the motivation was to protect its citizens from danger. In the Czar’s case it was to ultimately convert the Jews to Christianity.

The question must be asked as to why Charedim feel so strongly about this. Why the histrionics? After all the procedure in question is not part of the Bris Milah itself anyway. The Gemarah which addresses Metzitza B’Peh speaks in terms of Sakana... danger to the life of the infant and does not characterize it as a part of the circumcision itself. Metzitza is required only as a health related measure. A Bris without Metzitza, although required by Halacha, is still a valid Bris.

I suppose the reason Charedim feel this way is they fear interference. They believe that any interference in any part of Halacha no matter how small needs to be vigorously combated. But is Metzitza B’Peh a requirement in its current form? This too is a matter of dispute in Halacha... because there are legitimate ways to fulfill the Halachic health related requirement of MeTzitza... a way which does not require direct contact with the mouth of the Mohel. It can be done with a pipette a straw like instrument that sucks that blood out, eliminating direct contact by mouth. This is quite a common procedure done by many, perhaps even most Mohalim. It is far more hygienic and certainly well within the parameters of New York City’s health requirements.

None the less Charedim might argue that they want to be Machmir. They claim that Charedi Poskim require it be done by direct suction of the mouth. But I question the validity of that assertion in light of the following.

I spoke to a Mohel today that never does Metzitza B’Peh. He mentioned that he had discussed the issue with Rabbi Aaron Soloveichik who told him the following: During the time of his illustrious grandfather Rabbi Chaim Soloveichik when he was the Rav in Brisk, there was a certain Mohel who had a sore on his lip and performed a Bris Mila using his mouth for Metzitza. The child subsequently died. Reb Chaim immediately Assur’d Metziza B’Peh in Brisk. It never took place there again. The Mohel had this story confirmed by Rabbi Gedalia Schwartz, Av Beis Din of the RCA who knew another grandson of Reb Chaim, Rabbi Joseph B. Soloveitchik who had told Rabbi Schwartz the same exact story many years before. Two people each with independent testimony of the Psak of their grandfather, the great Rabbi Chaim Soloveichik Assuring Metzitza B’Peh.

So I ask: Why do Charedim continue to insist on this dangerous procedure? Isn’t the fact that there have been deaths that apparently resulted from Metzitza B’Peh enough reason to stop it? It should seem obvious to anyone that infectious diseases can be easily passed to a newborn infant through direct contact with an infected mouth. How conclusive must the evidence be before they will concede to the danger? Why must they insist on this procedure with a near hysterical attack on the New York City Heath Department accusing them of Czar-like tactics? How many deaths do they need before they see the benefit of not exposing a newborn infant to Herpes and other infectious diseases transmitted by a Mohel who may not even be aware that he has a viral or bacterial infection?

Even if the risk is minimal which statistically may be true, why have it at all if it can be avoided? Isn’t the Psak of R. Chaim Brisker enough? I should think that being Machmir on Pikuach Nefesh outweighs being Machmir on Metzitza B’Peh, shouldn’t it?