Sunday 10 April 2016

halacha - Circumcision for conversion of someone whose male genitalia have been removed


Let's say a non-Jewish male has had his genitalia removed through some accident or medical procedure (e.g. for the purpose of gender transition).


If that person later decides to convert. How is bris milah performed? Does he need it at all?


In the case of convert has already had a milah done prior, we perform Hatafas Dam Bris, wherein the Rabbi draws blood from the milah. However, in this case, there is no genitalia present from which to draw blood. How is this case to be dealt with?



Does the fact that the genitalia are no longer there distinguish this case from the question of a convert who can't have a circumcision for medical reasons?


Does it make a difference whether the removal was accidental or volitional?



Answer



The Shulchan Arukh (YD 268:1) rules (like the Tur, quoting a Gaon; see too Tosfot Yevamot 46b) that a male whose genitals have been removed ("Nikhrat haGid") doesn't need Milah or Hatafat Dam Berit, and can just go to the Mikva directly (like a woman). The Arukh haShulchan there explains this is because there is nothing to circumcise, and the Gra notes that this case of impossibility is different from regular case of one who dips in the Mikva without first being circumcised, where we rule like the Chakhamim (Yevamot 46a) that the conversion is invalid. None of the commentators on the Shulchan Arukh that I can find dispute this ruling (though the Bach thinks some earlier authorities who we don't rule like may have).


(No distinction is mentioned in any of these sources regarding how he attained that status, and the given reason appears to apply to all cases. The Bach there explicitly rejects the line of reasoning that this case is different from that of a woman since he could have had a Milah before losing his genitals, instead ruling that we just look at his situation now that he wants to become a Jew. In other words, we don't worry about the past.)


No comments:

Post a Comment

readings - Appending 内 to a company name is read ない or うち?

For example, if I say マイクロソフト内のパートナーシップは強いです, is the 内 here read as うち or ない? Answer 「内」 in the form: 「Proper Noun + 内」 is always read 「ない...