web analytics
July 29, 2015 / 13 Av, 5775
At a Glance
Blogs
Sponsored Post


Informed Consent

Brit Milah

Photo Credit: Serge Attal/Flash90

http://haemtza.blogspot.co.il/2012/08/informed-consent.html

“There’s nothing about filing a consent form that is inherently in conflict with [Jewish law]”

This statement by Agudah Executive Director, Rabbi Dovid Zweibel  should be the beginning and end of a conversation about a proposed law requiring written informed consent to do MbP (Metzitza B’Peh) – oral suction of blood from the wound during a ritual circumcision (Bris Milah).

The controversy continues however. I am not going to rehash the arguments made in previous posts about the danger of a Mohel unknowingly transferring to the infant the sometimes deadly herpes simplex virus (HSV–1) via this method of Metzitza. Nor do I want to debate whether the low statistical probability of MbP justifies continuing a centuries old practice. The statistical chances for infection are indeed very low.

Despite the fact that major Poskim spanning several generations declare that the lack of MbP does not invalidate Bris Milah – some even requiring alternative safer methods – the fact remains that there is a strongly held view mostly among Chasidim that MbP is an absolute requirement of Bris Milah. They even go so far as to say that it is forbidden to substitute other methods like a sterile pipette or gauze to withdraw blood from the wound – that it must be done by mouth!

There is no point in trying to convince them out of this notion.  Much as I would like to, it’s not going to happen. They would do MbP underground if it were outlawed. And my personal opinion is that the government should not be passing laws that interfere with Bris Milah in any way including a ban on MbP. I would rather see our own Poskim banning it or at least discouraging it. But that’s not going to happen either.

The bottom line for me – which I believe to be the most pragmatic approach – is to educate the public about the dangers in an honest fashion and not exaggerate them.  To clearly explain that they do exist and that opting out of MbP will eliminate any possibility – no matter how remote – of a Mohel ever transferring the disease.

But the government does want to get involved in a way, with which I have no issue… a way that may in fact get more people to look toward those Poskim who permit or even encourage more sterile method of MbP.  New York City’s Board of Health is set to vote on a proposal that would require parents to sign a consent form before subjecting their children to it. I think this is a good idea. In this way the government can inform people of the dangers without any actual interference in the practice of MbP itself.

But that is not the way the Chasidic world sees it. They see it as a declaration of war. They see it as an assault on Bris Milah itself. From the Forward:

“Unless the city is ready to subpoena mohels or break the doors in of synagogues around the city, I don’t really think they understand what they’re trying to do,” said Michael Tobman, a political consultant who is working as spokesman for a coalition that includes Agudath Israel, the large umbrella group that advocates for ultra-Orthodox organizations, and various Hasidic sects. “This is a community absolutely committed to resisting this ill-considered effort, up to and including civil disobedience.”

As noted – Agudah is helping them out in this cause.  In light of the opening line of this post I cannot understand why they would do this. If there is nothing Halachicly problematic with signing a consent form, why are they opposing it? Rabbi Zweibel has even gone so far as to say that if the law is passed the Agudah Moetzes will not call for outright civil disobedience. In my view they should go further and require all Jews to follow the law of the land.

If a consent form is required, not signing it would not only violate Dina D’Malchusa it would prevent people from knowing that there are dangers. People have a right to know that – even if those dangers are remote. What benefit is there to not knowing? What benefit would there be to defying the law by not signing a consent form? Is it any worse than signing any medical consent form where there are dangers involved?

About the Author: Harry Maryles runs the blog "Emes Ve-Emunah" which focuses on current events and issues that effect the Jewish world in general and Orthodoxy in particular. It discuses Hashkafa and news events of the day - from a Centrist perspctive and a philosphy of Torah U'Mada. He can be reached at hmaryles@yahoo.com.

The author's opinion does not necessarily reflect the opinion of The Jewish Press.

If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “Informed Consent”

Comments are closed.

Binyamin and Chaya Maryles, uncle and aunt of Emes Ve-Emunah author Harry Maryles.
Current Top Story
Obama on Iran Deal
Is Obama a State Sponsor of Terrorism?
Latest Blogs Stories
palestinian children songs

Amongst the Palestinians (sic) what is promoted and praised for its young people? Terror & martyrdom

Peres' 90th Birthday

“If you can’t negotiate with your enemy, why negotiate at all?” Great sound bite. The press loved it

Woman_rabbi

The phenomenon pushing limits of Orthodoxy to the extreme left has no chance of becoming mainstream

Doug Goldstein

Discussing, what should you do if you are feeling overstressed in your job and are tempted to quit?

Considering Esther Pollard’s group mismanaged his case, Pollard’s chances of parole are slim

Detention Camps for US Jews? Sounds farfetched but it did to Japanese-Americans during WW II as well

We asked the soldiers, what will you tell your children you did during the Disengagement?

The Arab terrorist murderer who murdered Malachi Rosenfeld,(HY”D)last month, was an American citizen

The “Stop Iran” rally was a voice of sanity coming from the American people, and directed at Senator Chuck Schumer who holds the keys…

Shalit Deal advocates: “Israel must do whatever it takes” to free Gilad; This proved deadly nonsense

Learn how modern technology can be used to foster personal development in life as well as in finance

Dear CNN: When hypocrisy rules a media outlet, its mandate to call what they do “journalism” expires

With it seems more lives than a cat, I now recognize Hasgacha Pratis is HaShem’s involvement in life

There needs to be clarity about what is & isn’t acceptable in Orthodoxy; That should be the debate.

Obama, Kerry etc are promoting their “deal” like it’s the genuine article, not a cheap “knock-off”

Tony Stubblebine, founder of Coach.me, shares tips on translating desire for change into action

More Articles from Harry Maryles
Woman_rabbi

The phenomenon pushing limits of Orthodoxy to the extreme left has no chance of becoming mainstream

open orthodoxy

There needs to be clarity about what is & isn’t acceptable in Orthodoxy; That should be the debate.

Imperative to get world’s Jewish billionaires to support Jewish education like their other projects

No legitimate Orthodox body in the States or Israel accepts “Open Orthodoxy.” They went too far.

Obama is not anti Israel. He’s just misguided, perhaps blinded by his desire to force a peace treaty

{Originally posted to the author’s website, Emes Ve-Emunah} The inevitable finally happened. Rabbi Avi Weiss has dispensed with his prior refusal to call his female ordainees ‘rabbis’.  I challenged him to stop dancing around that title with made up titles  (like Raba and Maharat) and he finally rose to the challenge. His motivation in not […]

Existence requires meaning. Believing all random and without meaning is a horrible fate for mankind

People see a healthy parochial school system vs an anemic public school system and draw conclusions

Printed from: http://www.jewishpress.com/blogs/haemtza/informed-consent/2012/08/16/

Scan this QR code to visit this page online: