In this week’s parshah, Avraham Avinu’s progeny is commanded to perform a bris milah on every male born child from when they are eight days old. The pasuk also says that one who does not perform a bris milah on himself will be chayav kares (17:14).
The Rambam (Hilchos Milah 1:2) says that once one turns 13 years old and has not yet had a bris milah, he is mevatel a mitzvah every day that he does not perform one on himself. The Rambam adds that he is not chayav kares until he dies uncircumcised. The Raavad disagrees with this and posits that one is chayav kares every day from the day of his bar mitzvah that he remains uncircumcised. The fact that he may perform a bris milah later on does not exempt him from all the previous days that he remained uncircumcised.
The halachah is that one who performs an action that is punishable by the death penalty simultaneously with an action that will result in a financial obligation, he is exempt from the financial obligation. For example if one rips another’s shirt while he kills him, he will not be held liable to reimburse the shirt, for he is chayav misah for killing him. This is known as kim lei b’drabba minei.
Rav Nechunya ben Hakana is of the opinion that this applies to a chiyuv kares as well. Therefore if one performs two simultaneous actions one resulting in a chiyuv kares and the other in a monetary obligation he will be exempt from paying.
Many acharonim were bothered by an unlikely outcome in the Raavad’s view. According to the Raavad if one who is uncircumcised breaks something he will be exempt from paying for it since he was chayav kares at the same time as he was obligated to repay for the item he broke. They assume that this is unlikely to be the case, but according to the Raavad this should be the result.
Some ask this question on the opinion of the Rambam as well. The halacha is that if one performs an action that theoretically would result in a chiyuv misah, he will be exempt from a simultaneous financial obligation even if he is not actually going to receive the death penalty. For example if one kills accidentally while intentionally damaging another’s item, he will be exempt from the financial obligation. They explain that the Rambam agrees that not having a bris milah performed on oneself is an aveirah worthy of kares. But one is exempt from actual kares for he may perform the bris any minute. If it becomes permanently impossible to perform the bris then one will become chayav kares. Since it is an aveirah that is worthy of kares he should be exempt from any financial obligations that he endures. Once again, this is an unlikely outcome.
There is an opinion brought in the Shita Mekubetzes in Kesubos 36a that says that once one is chayav misah for something, any future actions that result in a chiyuv misah will not exempt him from financial obligations. According to this opinion, we can answer our question. Once this individual has not been circumcised, he will no longer be exempt from financial obligations.
Alternatively, perhaps we can suggest that the halacha of kim lei b’drabba minei would not apply to one who is chayav kares for not performing a bris milah. There are only two mitzvos asei that one is chayav kares if he fails to perform them: not bringing a korban Pesach and not performing a bris milah. Generally one is chayav kares for performing a forbidden action. However, regarding these two mitzvos, one is chayav for not performing what he was obligated to do.