[net.religion.jewish] Ben Niddah, Milah and Sex Detection

schechte@csd2.UUCP (asher schechter) (03/03/85)

The source for the fact that a ben niddah is not a mamzer is from
yebomas 49 and kidushin 68. The halacha is brought down in Rambam
[hilchot issuray biah 15 1] and in Shulchan Aruch [Even H'ezer 4 13].


A milah performed properly by a nonjew is kosher [Avoda Zora  26 ]
(however there may be a problem if the nonjew is not trustworthy
and a competent Rabbi should be consulted ,and of course it is better
to have a jewish mohel)

The reason jews don't detect the sex of a fetus is because it requires
an unnecessary wound ("chavala") which is not allowed according to 
halacha. It is only permissible to perform an operation if the patient
needs it for his/her health. Even cosmetic surgery may sometimes be
assur according to halacha (of course a Rabbi should be consulted).

                                           Asher Schechter

meth@csd2.UUCP (Asher Meth) (03/05/85)

Yom sheini leparshas Ki-Sissa, 11 ADAR 5745

Asher Schechter writes ....
>A milah performed properly by a nonjew is kosher [Avoda Zora  26 ]
>(however there may be a problem if the nonjew is not trustworthy
> and a competent Rabbi should be consulted ,and of course it is better
>to have a jewish mohel)

Asher, you know better than to pasken from the gemarrah !!

It is very important to quote all your sources, even all the way back to the
gemarrah, but please quote the source in the Shulchan Aruch (as you usually
do).

The source is : Shulchan Aruch, Yoreh Deah, 264:1.
The Mechaber (R. Yosef Caro) says that under certain conditions it is kosher.
The Ramo says that we require Hatafas Dam Bris, a slight incision to draw some
blood, to make the person halachically circumsized.

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A Freilichen Purim to one and all.

       asher meth
allegra!cmcl2!csd2!meth
meth@nyu-csd2.arpa