Responsum: On the Burial of an Uncircumcised Boy

Tuesday, parashat Shemini 5643 (1883), Sighet.

To the astute and erudite master, R. Eli Marder, may his light shine. I received your letter concerning the wicked men who do not allow their sons to be circumcised, asking whether one should apply to them the category of mumarim [those who regularly renegade from; i.e., choose not to observe the obligations of the entire Torah; this term is used to denote converts out of Judaism]. Now, if they observe the Sabbath so as not to desecrate it, and uphold the rest of the commandments, but do not allow circumcision—it is explicitly stated in the Shulḥan ‘arukh that they are classified as those who regularly renege on a single commandment, but not the whole Torah. However, I cannot believe that such a person exists in our day, that is, someone who observes the Torah but not the commandment of circumcision. For in this country there are many sinners who desecrate the Sabbath and have sexual relations with menstrual women, and do not put on tefillin, yet they have their sons circumcised by certified mohels according to rite and rule without defect; how, then, might there be someone who is not in this class, and does not let his son be circumcised? Such a person does not exist, in my opinion. In truth, they already desecrate the Sabbath by writing and smoking cigars, having sexual relations with menstrual women (meaning that their wives never go to immerse themselves in the ritual bath, not even once), not putting on tefillin, eating nonkosher meat, and committing other transgressions—and it has been proven that this is the case—these people certainly do not fulfill the commandment of circumcision. Consequently, they fall in the class of “regular desecrators of the Sabbath in public,” or, even if it is known that they did so at least once maliciously—,it is obvious that such persons are regarded as regularly reneging on the entire Torah, as is explained in Tevu’ot shor §2.¹ All the more so, if they are presumed to be reneging on all the other commandments as well. If so, is it even a question? They are certainly renegades with regard to the entire Torah.

As to the question, whether to bury the little boy uncircumcised, it appears to me that if we had the power to coerce [the father] to perform circumcision, it would certainly be our duty to coerce him and his like. However, it is not in our power. Still, this much is yet in our power—namely, that the cemetery belongs to the ḥevrah kadisha [burial society] and to the community council, and they can say that they do not want to have an uncircumcised child buried in the cemetery. Perhaps this will be sufficient means of coercion to induce the sinners to mend their ways and circumcise their children.

I have heard that there was such a case in the Jewish community of Vienna, and they asked their rabbis, who said that the ḥevrah kadisha were justified in this matter. Subsequently the wicked man who had not circumcised his son applied to the ministry, but I do not know how that complaint was decided. Inquire and investigate about that case, and you will know what is the right thing to do.