Brit Mila/Male Circumcision

(1) Circumcision is an affirmative precept, the neglect of which entails the penalty of excision, as it is said, "And the uncircumcised male who is not circumcised in the flesh of his foreskin—that soul shall be cut off from his people" (Gen. 17:14). It is a duty incumbent upon the father to circumcise his son, and upon the master to circumcise his male slave, whether "born in the house" or bought with money. If the father or master failed to perform the circumcision, he has neglected the fulfillment of an affirmative precept but has not incurred the penalty of excision, to which only the uncircumcised person is made liable. In such case of neglect, the court is charged with the duty of circumcising the infant or slave at the appointed time, and must not leave any male uncircumcised among the Israelites or their slaves.

(2) A male infant is not circumcised without the father's knowledge, unless the latter has neglected his duty and refrained from circumcising it. In this case, the Court has it circumcised even against the father's will. Should the child have escaped the notice of the Court, so that it did not have the child circumcised, then that person is under an obligation, when he grows up, to have himself circumcised. Every day that passes, after he is grown up, that he remains uncircumcised, he is neglecting the fulfillment of an affirmative precept. He does not however incur the penalty of excision till he has died, having wilfully remained uncircumcised.

(7) A proselyte must, before he can enter the communion of Israel be circumcised. If, while still a gentile, he had already been circumcised, it is requisite to draw a drop of blood from the membrum, on the day when he is received, as a sign of the covenant. Similarly, if a male infant is born with the prepuce absent, it is requisite to draw a drop of blood from the membrum when the infant is eight days old. An androgyne that has both male and female organs is to be circumcised on the eighth day. So too a male infant delivered by the Caesarean operation, or one born with two foreskins is to be circumcised on the eighth day.

(8) Circumcisions are only performed during the daytime after sunrise, whether the operation takes place on the eighth day, the regular time, or subsequently, from the ninth day and further on, as it is said "on the eighth day" (Gen. 17:12) i.e. by day, and not at night. If the circumcision takes place after daybreak, it is correct. The whole of the day is proper for circumcision. Still it is a duty to perform it in the early part of the day, for the zealous fulfill their religious obligations at the earliest possible time.

(9) When a circumcision takes place at the regular time (on the eighth day), it supersedes the prohibition of work on the Sabbath. But if it is to be performed after the regular time, it neither overrides the obligation of the Sabbath nor of the festivals. Whether performed at the regular time or not, it supersedes the obligation of the law of leprosy. If there was a bright leprous spot on the foreskin, the spot is cut off with the foreskin. For though the hacking of a leprous plague spot is prohibited, the affirmative precept (of circumcision) overrides the prohibition.

(10) Even as the circumcision of male infants overrides the obligation of the Sabbath, so the circumcision of bondmen who are to be circumcised on the eighth day, overrides the obligation of abstinence from work on the Sabbath, should the eighth day fall on the Sabbath. To this rule there is an exception, namely, that of a bondman "born in the house", whose mother had not taken the ritual bath before the child was born. In this case, though the infant should be circumcised on the eighth day, the circumcision does not override the obligation of abstaining from work on the Sabbath.