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Circumcised Before Eighth Day

I appreciate your sending me an answer regarding our 33 year old son and circumcision. We do understand that this is something that must come from his own heart and mind. The other question though, I didn’t see an answer to and that was, does my husband need to do something on that vein since they circumcised him on the day of his birth? This was not a covenant circumcision but just something you do when babies are born. Thank you for your time and willingness to help by answering my questions.

Answer:

If your husband was circumcised by a Jew, and in the day (not at night), the majority of authorities write that nothing needs to be done.

If, however, the milah was done by a non-Jew or in the night, some write that the procedure of hatafas dam bris (extracting some blood) should be performed, and this is the ruling given by the Rema.

If the matter troubles you, an expert mohel can be contacted, who will advise concerning the practical aspects of the case.

Best wishes.

Sources:

The Rambam (Milah 2:1) writes that even if a non-halachic milah was performed, there is no need for further action. This is echoed by the Rashba (cited in Beis Yosef, Yoreh De’ah 264) and Rosh (Shabbos 19:8) concerning a milah that was performed before the eighth day.

However, other authorities are stringent concerning a milah that was performed at night or by a non-Jew, and their opinion is cited by the Rema in two places (Yoreh De’ah 262:1 and 264:1).

Although the Rema rules that there is no need for action concerning a baby that was circumcised before the eighth day, the Darchei Moshe explains that a circumcision performed before the eighth day is “better” than the other disqualifications, so that for the other disqualifications hatafas dam bris must be performed.

See also Shach (262:2) and Beis Ha-Levi (Vol. 2, no. 57); see also Haamek Shaala (10:1).

 

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