web analytics
January 26, 2015 / 6 Shevat, 5775
 
At a Glance
InDepth
Sponsored Post


The Metzitzah B’Peh Controversy

Anyone who reads the text of the New York City Department of Health’s proposed rule regarding metzitzah b’peh will immediately notice that two fundamental concerns have been virtually ignored in all of the public debate over the measure.

Certainly there have been very public arguments over the propriety or impropriety of governmental regulation of a religious practice and over the evidence or lack of same linking the procedure to herpes. And there are many who have raised the “slippery slope” concern that regulating an adjunct of bris milah will inevitably lead to further restrictions on the core practice itself, even though the DOH proposal would only require that parents be made aware of the risks associated with the practice in order to be able to make an informed consent. But therein lies the rub.

In pertinent part, the proposed new rule provides as follows:

Consent for direct oral suction as part of a circumcision.(a) Direct oral suction means contact between the mouth of a person performing circumcision and the infant’s circumcised penis.

(b) Written informed consent required. A person may not perform a circumcision that involves direct oral suction on a child under one year of age without obtaining, prior to the circumcision, the written informed consent of a parent or legal guardian of the child who is being circumcised in a form approved or provided by the Department. The written informed consent must include notice that direct oral suction exposes the infant to the risk of transmission of herpes simplex virus infection and other infectious diseases.

(C) Retention of consent forms. The person performing the circumcision must give the parent or legal guardian a copy of the signed consent form and retain the original for one year from the date of the circumcision, making it available for inspection if requested by the Department.

For one thing, we do not know the language the actual consent form will contain. Indeed, after the adoption of the general rule, it would seem the DOH will have open-ended authority to come up with descriptions of the alleged risks and its choices will not be subjected to standard limitations on rule-making authority. The possibilities are enormous if not endless. This is especially problematic since the rule is not limited to the risk of transmission of the herpes virus but to “other infectious diseases” as well.

Also of great concern is the possibility of child-abuse charges being leveled against the mohel or parents should metzitzah b’peh be performed and, God forbid, one of the diseases described in the consent form is thought to have resulted. Indeed, there have been reports that the Brooklyn district attorney is looking into bringing criminal charges in a case where a child who underwent metzitzah b’peh died.

And it just seems incongruous that parents will be required to sign a form acknowledging that they are knowingly placing their child in harm’s way.

Moreover, what we have here is a government regulation that will declare – with unknown particulars – that a time-honored Jewish religious practice, albeit one not universally accepted and employed by all observant Jews, risks the health and well-being of newborns. This is never a good thing for Jews, particularly so today, as witness the outbreak of challenges to circumcision and schechita in a number of countries.

It is crucial that our community stand up in defense of our traditions. In this connection we are still uncomfortable with the election to the New York City Council three years ago of a Jewish candidate who never fully apologized for publicly describing bris milah as “the ritual violence of circumcision.” The Jewish Press at the time forcefully condemned the comments of that candidate, who ran in a majority Jewish district with the fulsome support of an elected official well known for his advocacy of Jewish causes.

Effective free passes like that are not helpful no matter who bestows them.

About the Author:


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.

One Response to “The Metzitzah B’Peh Controversy”

  1. U want jews to stand up and defend their traditions? Well this is one warped and deranged tradition. REALLY PEOPLE STOP BEING RELIGIOUS IDIOTS and just start being religious people. It was tradition to torture and kill heretics a few hundreds years ago.

Comments are closed.

SocialTwist Tell-a-Friend

Current Top Story
Hassnain Aliamin , one of four Muslim teenagers who attacked a Jew in Gateshead.
‘Let’s Go Jew-Bashing’ Muslims Hauled into British Court
Latest Indepth Stories
The Striped Hyaena

Israel has some wild places left; places to reflect and think, to get lost, to try to find ourselves

British Flag

The British government assured Anglo-Jewry that it is attacking the rising levels of anti-Semitism.

Golan map

Obama’s Syrian policy failures created the current situation in the Golan Heights.

Social Media pic

Our journey begins by attempting to see things differently, only then can we be open to change.

Despite Western ‘Conventional Wisdom&PC,’ the Arab/Israeli conflict was never about the Palestinians

Confrontation & accountability, proven techniques, might also help dealing with religious terrorists

In fact, wherever you see soldiers in Paris today, you pretty much know you’re near Jewish site

Inspired by the Perek Shira pasuk for “small non-kosher animals” we named the bunny “Rebbetzin Tova”

The abuse following publication proved a cautionary tale: no one followed in Peters’s footsteps

Plainly, there is no guiding hand dictating choices across the board.

How many sites that tell you to check your politics at the door have 10,000 likes?

In this particular case, the issue was whether the Arkansas prison system could prohibit, for security reasons, a devout Muslim’s maintaining a beard of a certain length as a matter of religious practice.

While we recognize the Republican Jewish Coalition is hardly a non-partisan outfit, a snippet from a statement the group released is worthy of note:

“These are good matzah balls,” my aunt Robertine would say, but her sister Irma would counter “No, not compared to Mama’s. They were always so light yet they never fell apart.”

More Articles from Editorial Board

In this particular case, the issue was whether the Arkansas prison system could prohibit, for security reasons, a devout Muslim’s maintaining a beard of a certain length as a matter of religious practice.

According to Natan Sharansky, director of the Jewish Agency for Israel, France was the largest source of Jewish emigration to Israel last year and he believes as many as 15,000 French Jews may make aliyah in 2015.

Despite the president’s respectable anti-terrorism record, he doubtless has little interest in being identified with anything that might suggest, however tangentially, criticism of Muslims or Islam.

One wonders what connection that rejection has with turning to the ICC, which would allow the Palestinians to bring war-crime charges against individual Israelis and is certainly one more step away from seeking a negotiated settlement.

In the NPR interview, Mr. Obama said Iran could become a “very successful regional power” if it agreed to a long-term nuclear deal.

Thus, despite the increasingly serious problems for the mayor arising out of the current anti-police protests, Mr. de Blasio apparently will be cut no slack by those who seem to be aiming for a significant role in running the city from the streets and who will do whatever they can to prevent their momentum from ebbing.

Despite strong pressure to throw the book at the accused, Mr. Thompson allowed him to plead guilty to assault.

It seems to us that while the Jewish entitlement to the land of Israel transcends the Holocaust, the Jewish experience during that tragic time is the most solid of foundations for these “national rights.”

Printed from: http://www.jewishpress.com/indepth/editorial/the-metzitzah-bpeh-controversy/2012/09/12/

Scan this QR code to visit this page online: