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Translated by Rabbi Émile Ackermann
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(Vayikra 12:3)
וביום השמיני ימול בשר ערלתו ואפילו בשבת
“‘On the eighth day you shall circumcise his flesh’ – and for you must distinguish” (Shabbat 132a).
QUESTION—New York, NY
In a small town where there is no traditional mohel nearby, can we be lenient about the identity of the mohel in order to avoid postponing a Shabbat brit milah? Would we allow a mohel who is not shomer Shabbat (i.e. a Jewish doctor who performs circumcision in coordination with local communities)? What if the mohel lives close enough to walk (~1.5 hours), but will likely drive?
ANSWER
First of all, it should be noted that if it is necessary for halachic reasons, the brit milah can be postponed. For example, a number of Israeli poskim rule that you must do this if family members are driving to the brit milah on Shabbat. Certainly, if the person is not a valid mohel, one should definitely postpone the brit milah until Sunday.
So, can a Shabbat transgressor be a mohel? The answer to this question begins with examining Rema’s ruling in Shulchan Aruch YD 264:1, that a person who rejects the entire Torah (a mumar) is not valid to serve as a mohel. However, this ruling rests on shaky grounds. The Gemara only disqualifies someone who is not obligated to perform milah, and even Or Zarua, which is the source of Rema’s ruling, only hints at the possibility that such a person might be invalid. Many poskim therefore rely on Rema’s ruling and assert that a mumar can serve as a mohel. (See, for example, Birkei Yosef, 264:2, citing Pri Chadash, Rabbi Akiva Eiger, on YD 264).
Even if one accepts that a mumar is invalid, it is highly doubtful that a Shabbat violator would fall into that category in this case. Although we normally equate the two, the invalidity here is based on the rejection of the milah, which is not relevant in our case. Furthermore, the general principle of tinok she’nishba, according to which we do not apply the disqualifications that arise from not observing Shabbat, should apply in this case.
It should be noted, however, that Rav Moshe Feinstein, who is otherwise willing to apply the principle of tinok she’nishba, states that it is forbidden to use a mohel who is not shomer Shabbat (Iggrot Moshe YD 2:118), even if it means delaying the milah.
However, given the above arguments, I would say that if the mohel is secular, or is fundamentally anything other than a principled rejecter of Shabbat, he is kosher be’dieved, and in that case you can use him, since there is a pressing need.
What about the fact that the mohel will drive because of your invitation. According to Rav Moshe, such an invitation could even be considered a direct incitement to sin, since if he drives, he does so directly in response to your invitation (Iggrot Moshe OC 1:99). Nevertheless, the practice in youth groups and kiruv organizations, as well as in the community in general, is to invite guests and offer to host them in your home. Here, however, the situation is different. The fact that he gets in the car and joins you because you pay him, binds you closely to his chilul Shabbat. I would say, “I cannot ask you to do mila if it means that you have to come by car. I can host you at my house, in a local hotel, etc. or you can take the bus. Is that okay with you?” If he says yes, you cannot be responsible if he drives in the end. If he says he will probably drive, then you will need to push the deadline back to Sunday.
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