Rules and regulations for the training and oversight of mohalim
In his recent op-ed, Rabbi Hayim Leiter describes how a mohel in Kfar Yona endangered the life of an child under his care. To avoid tragedies resulting from substandard practice, Rabbi Leiter proposes the Chief Rabbinate institute twice yearly courses to educate mohalim on medical best practices, as well as a system of mentorship.
I commend Rabbi Leiter’s public stand against errant mohalim. His proposal, however, is only one small step toward achieving the goal of “safe brit mila for all,” as many mohalim practice without any supervision whatsoever, especially in America.
Rabbi Leiter misses the mark in his otherwise excellent op-ed when he writes: “As I’ve written before, this is the first time in our history that anyone has discussed a need for regulations for mohalim.”
Throughout the ages, communities instituted rules and regulations for the training and oversight of mohalim in response to their problematic practices (see Shu”t Chatam Sofer Yoreh Deah 248, Taz YD 264:9, and Takanot K’tav Sofer L’inyanei Mila). Rabbi Shlomo Kluger (Shu”t Tuv Tam V’Daat 1:223) wrote that “the senses testify” that mohalim do not know the basic halachot of brit mila. Recently (2015), The Central Rabbinical Congress of the United States and Canada decried the sorry state of brit mila in America, urged oversight and highlighted the occurrence of halachic and medical malpractice. (For extensive sources on halachic authorities who promoted regulation of mohalim, see my article, “Brit Mila Issues,” in the Journal of Halacha and Contemporary Society, Fall 2016).
A considerable number of circumcisions performed by Orthodox mohalim in the US and across the world do not conform to basic halachic and medical standards. The primary halachic concern is incomplete circumcision – removal of less than the required amount of foreskin as prescribed by mainstream halachic authorities (see Chochmat Adam 149:16-17). The primary medical concerns are severe blood loss and glans mutilation or, less frequently, amputation.
Many mohalim perform a highly kosher brit, strictly adhering to all standards. Some perform a kosher brit, but not according to the highest of standards. And, regrettably, some widely accepted mohalim perform circumcisions daily that are simply not kosher. I have documented many non-kosher circumcisions on high-definition video, which can be observed by anyone who wishes to see for themselves. Every day, these busy mohalim create more and more issues for the children of our community. How can we remain silent?
Contrary to popular belief, no formal training is required to become a mohel. There are no mila boards. There is no required certification or ongoing supervision. Even if a mohel was properly trained at the onset of his career, what guarantees that he will remain at that level? What assurance do parents have that an 80-year-old mohel will practice with the same dexterity as when he was younger?
Over the past several years, I became aware of the sorry state of mila in the US. I recorded many mohalim and their circumcisions and attempted to show the video evidence to influential rabbis and persuade them to change their recommendations of mohalim. Until recently, Rabbi Shmuel Kamenetzky, a leading Orthodox American rabbi, endorsed mohalim based on reputation alone. When I presented the facts to him, and offered to show him video proof of the malpractice of mohalim he had previously endorsed, Rabbi Kamenetzky responded that the support offered by rabbanim of errant mohalim is “a terrible thing.” In the course of our conversation, he advised me to “make a tumult.”
A certain New York mohel consistently performs a circumcision that does not meet the mainstream standards articulated by the Chochmat Adam. Nevertheless, this mohel claims that the brit mila he performs is kosher “according to all opinions” and is “beyond question.” Yet, in conversation, he freely admitted to me that he is unfamiliar with the opinion of the “Chochmat Adam” and that the knowledge of such an opinion is “beyond my pay grade.”
I recorded his work. My interest is not to distort the facts, but to allow them to speak for themselves. Unfortunately, the facts do not always find a receptive audience. For example, although Rabbi Mordechai Willig staunchly supports the New York mohel, he refused to meet and discuss the halachic basis of his position, or watch any of my videos of this mohel’s procedure. He explained “I don’t know anything about bris mila.” (This declaration is an obvious exaggeration. I assume Rabbi Willig meant he does not feel sufficiently expert in the hands-on practice of brit mila to render an opinion.)
Rabbi Yisrael Mantel, rabbi of the Breuer community in Washington Heights, New York, vehemently declared to me, “What is written in Shulchan Aruch has absolutely nothing to do with hilchos bris mila!”
Mainstream halacha supports Rabbi Leiter’s claim that a mohel may sustain and transmit a faulty tradition (see Shu”t Tuv Ta’am V’Da’at 1:223). Nevertheless, Rabbi Dovid Shustal, a popular rosh yeshiva in Lakewood, New Jersey, exclaimed to me, “There is no such thing as a faulty mesorah [tradition]. Once a mohel is accepted in Klal Yisrael, only a ‘gadol b’Yisrael’ [great sage] can say something [against him].” Nonetheless, in a personal meeting on the matter, Rabbi Chaim Kanievsky directed that I must say something if I witness a brit mila which does not conform to the stringent opinion of the Chochmat Adam.
Along the lines of Rabbi Shustal’s logic, Rabbi Shlomo Miller, a celebrated haredi Canadian rabbi, wrote (in Rabbi Daniel Usher Kleinman’s booklet B’rit Kodesh) that any procedure performed in front of a great sage (“gadol”) is unquestionable. However, Rabbi Moshe Shternbuch (Teshuvot V’Hanhagot 5:289) maintains that the presence of a sage at a brit mila does not influence the kashrut of the brit mila. Rabbi Yaakov Posen, an elderly and respected New York rabbi, told me that his presence at the New York mohel’s brit mila does not constitute halachic endorsement, and said, “I am not acquainted at all with the subject.”
Until America’s rabbis uniformly articulate and enforce minimum standards, no clear solution exists that will ensure the safety of our children and that this once-in-a-lifetime procedure conforms to halacha. An interim safeguard would be for parents to engage a second mohel to observe their son’s brit mila, and to vigilantly check for bleeding after the brit. Parents should have contact information for a second mohel in case the first is unavailable, and a backup plan from their pediatrician in case of severe bleeding or other problems.
Change does not come easy. With appropriate education of the public and supervision of mohalim, however, tragedies can be prevented, and the quality of brit mila will experience an improvement that is long overdue.
A native of Chicago, the author is a certified mohel who currently resides in Monsey, New York. He is an alumnus of Yeshivat Kerem B’Yavneh, and a musmach of Yeshivat Chevron – Givat Mordechai. He appreciates and responds to feedback, and can be contacted through The Jerusalem Post.