A Matter Of Time
‘One Who Is Recognized As An Expert…’
(Avoda Zarah 26b)
Our sugya discusses a dispute between R. Yehuda and R. Meir as to the permissibility of an idolater physician serving as a mohel at a bris. R. Yehuda would allow an idolater sooner than a Cuthean physician and R. Meir’s view is just the opposite.
As regards one who is not an expert, R. Meir has two objections. First, he might kill the child, to which the Gemara answers that others are standing by watching. R. Meir then counters that nevertheless he might cause a severe permanent injury to the child rendering him sterile. However, one who is an expert physician will not risk his reputation to cause any injury.
Hatafas Dam Bris
Rema (Yoreh De’ah 264:1) rules accordingly that if an idolater circumcised a baby, a Jew must repeat the bris by performing hatafas dam bris (making a small cut and letting some blood from the milah).
Rabbi Akiva Eiger (Responsa – from his manuscripts – 72, cited in Novella Rabbi Akiva Eiger to our daf), finds difficulty with this opinion, wondering how the father of the child fulfills his obligation to circumcise his child through the services of the idolater, since as a general rule there is no shelichus (agency) possible through an idolater.
He postulates that apparently the Torah did not obligate the father to personally perform the bris. Rather he is given the responsibility to assure that his child is circumcised, and that was done.
The mohel, according to Rabbi Eiger, does not act as the agent of the father, but acts at the father’s request to help ensure that the child is properly circumcised. Therefore, it follows that a properly trained idolater, where a trained Jew is not present, may perform the circumcision (even according to R. Meir).
After The Fact
The Chasam Sofer (Responsa Yoreh De’ah 32) explains that R. Meir did not say that when appointing an idolater one has fulfilled the mitzvah. Rather, his point was that where there is no other qualified mohel available, a circumcision performed by the idolater is valid and need not be repeated.
The Eighth Day
Avnei Nezer (Yoreh De’ah 318:sk7) notes that if no Jewish mohel is to be found on the eighth day, even though one is expected the following day, nevertheless (according to R. Meir) it is incumbent to circumcise on that day in its proper time (the eighth day). He explains that it is a mitzvah incumbent on the father to circumcise his son on the eighth day.
