ARR 208-209

CCAR RESPONSA

American Reform Responsa

64. Status of an Uncircumcised Retarded Adult

(1976)QUESTION: What is the status of an uncircumcised Jewish adult? In this case the individual is retarded and living in an institution. Would rights of burial, etc., be denied? (M.L., Pittsburgh, Pennsylvania)ANSWER: Jewish law is very clear in its statements about circumcision. It is the father’s responsibility to assure the circumcision of a male child. We would say, father or mother. If, for some reason, this has not been done, then it becomes the court’s responsibility–and later, that of the child–to see to it that he is circumcised (Kiddushin 29a; Yoreh De-a 261.1). For anyone converting to Orthodox Judaism, circumcision is also required. In early Reform Judaism there was considerable controversy about circumcision. Some of the more radical reformers wished to abolish this custom. Their stand was, however, not widely adopted, and the only element of this which remains is that we would not absolutely require circumcision of a convert (CCAR, 1892). This kind of objection had previously been raised in Hellenistic times, and led to bitter controversy. Of course, in modern America this issue has become moot, as virtually all children are circumcised at birth. A retarded individual remains a minor and therefore he would continue to be the father’s or court’s responsibility all his life. If the father is no longer alive, the responsibility does not fall upon the mother, as she cannot be held directly responsible for this positive commandment, according to tradition (Yoreh De-a 261.1). But as we have stressed equality between men and women, the mother would be responsible. In any case, it would be cruel to circumcise an adult male who would suffer pain while being unaware of the reasons for this ritual. In this case, it should not be done. An uncircumcised adult male Jew is, however, to be considered a Jew for every ritual in his life. With a normal individual this would mean Bar Mitzvah, marriage, and burial. He might, at various stages, be encouraged to become circumcised, but if–for reason of health or other reasons–he refuses, the normal privileges given to other Jews would not be withheld from him. If he is a Kohen, he may even bless the people (Hoffman, Melamed Leho-il, Yoreh De-a 79). He has sinned, but remains a Jew (Sanhedrin 44a). The individual must consciously refuse circumcision to be considered a Mumar La-aralot; this would not be true of a retarded adult (Tur, Yoreh De-a 2; Beit Yosef, quoting Rabbenu Yerucham). All of this is certainly true of burial. In fact, Jewish law goes considerably further than this. It clearly states in Yoreh De-a 345.5 that Israelites who are absolute sinners and cast off the “yoke of the Commandments” entirely, or even become idolaters, are still to be buried as Israelites. We are not obligated to mourn for them, but we are obligated to bury them (see also Chatam Sofer to Yoreh De-a 341). He only stipulated that we should bury that individual at some distance from those who are law-abiding Jews. A Chevra Kadisha may make more stringent rules as a “fence around the law” (as was done from time to time at various times in the past). So Simon Raphael Hirsch in the last century excluded such Jews from membership in his congregation; Joseph Saul Nathanson refused them burial (Sho-el Umeshiv III, 2.4). Others in this time of pressure stated that, although they should not be buried directly next to a normative Jew, it would be proper to bury them eight feet away (see Vayelaket Yosef IV, 4-118). We can see that there would be no restriction whatsoever about the burial of an uncircumcised retarded adult in present-day America, where the few strictures of the last century are not applicable. Furthermore, nowadays almost all cemeteries are divided into family plots, so families are separated from each other, and varying degrees of observance can be marked in this fashion without harming anyone in the community.Walter Jacob

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