My Brother the Mohel

Moshe and his wife were overjoyed with the birth of their son. After sharing the good news with family and friends, Moshe turned his attention to the upcoming bris.

The following morning, he called Rabbi Pinchas, a respected mohel who had performed several brisim in their family.

“Rabbi Pinchas, baruch Hashem, we were blessed with a son yesterday,” Moshe said. “We’d be honored if you could perform the bris.”

“B’sha’ah tovah!” Rabbi Pinchas replied warmly. “I’d be delighted to.”

Moshe thanked him and hung up, relieved that the mohel was arranged.

That evening, the phone rang. It was Moshe’s brother, who lived overseas and was also a mohel.

“Mazel tov, Moshe!” his brother exclaimed. “I was thrilled by the wonderful news! I wouldn’t miss the bris for anything. I’ve already booked a flight!”

Moshe was delighted. “That’s great! We can’t wait to see you!” he replied enthusiastically.

After the call, Moshe shared the news with his wife.

“Wouldn’t it be special if your brother performed the bris?” she suggested. “He’s traveling all that way, and it’s his own nephew!”

Moshe nodded thoughtfully. “I was thinking the same thing,” he replied. “But I already promised Rabbi Pinchas that he could perform the bris.”

“But when your brother unexpectedly decides to come from overseas, does that not change things?” his wife asked.

“Maybe, but I’m not sure,” Moshe replied. “I granted Rabbi Pinchas the honor – I don’t want to go back on my word.”

“Your brother is close family, though,” his wife countered. “Doesn’t he take priority?”

Moshe decided to consult Rabbi Dayan. He called and asked:

“May I honor my brother instead of the rabbi?”

“Maharam of Rothenberg (Prague edition 4:949), cited by Mordechai (Gittin #363), ruled that once the father awarded the privilege to a certain mohel, he may not retract,” replied Rabbi Dayan.

“Maharam compares this to a person who regularly gives his tithes to a certain levi (makirei kehunah u’leviyah); the tithes are automatically considered the levi’s. Thus, if the person committed to give the tithes to a certain levi, he may not retract (Gittin 30a; B.M. 49a).

Retracting even from a verbal commitment is considered mechusar amana – lacking trustworthiness. Although one who verbally commits to a ‘large’ gift can retract because the recipient does not rely on the gift, a person has no actual monetary ownership of the ma’aser funds, only the choice of whom to give them to. Therefore, committing to give ma’aser is like a ‘small’ gift, which the recipient relies on and the person may not retract (C.M. 204:8; 241:1; Pischei Choshen, Kinyanim 15:4[4]).

Similarly, Maharam concludes that once the father awarded a mohel the privilege of performing the bris, it is dishonest to retract. Doing so violates ‘She’eiris Yisrael lo ya’asu avlah’– The remnant of Israel… will not speak falsehood (Zephaniah 2:13). Nonetheless, if the father did retract his commitment, the privilege is granted to the second mohel (Rema Y.D. 264:1).

Based on the rationale of mechusar amana, though, Chacham Zvi (#70) qualifies this rule by stating that when there is a significant change of circumstances (trei tar’ei – fluctuating market price), it is permissible to retract (see Rema C.M. 204:11; Shach 204:8; Pischei Choshen, Kinyanim 1:3[5]).

Therefore, he reasons that if a mohel who is also a talmid chacham later arrived, the father may grant the privilege to that mohel, since Rema (ibid.) cites from Or Zarua (Hil. Milah 107:2-3) that one should seek a righteous mohel and sandak; this is considered a sufficient change of circumstances (see Pischei Teshuva Y.D. 264:11).

Chacham Zvi further maintains that a close relative who arrived also has precedence, even over a talmid chacham, based on the rules of tzedakah, where relatives take precedence over others (Y.D. 251:3).

Taz (Y.D. 264:1) also writes that if the father would initially have granted the privilege to the second mohel had he known that he would be available, retracting from the original commitment does not violate she’eiris Yisrael.

Thus, once you grant the privilege to a mohel or sandak, you should not grant it to another instead without substantial reason and change of circumstances. If a talmid chacham or your brother suddenly arrives, though, you can rely on the Chacham Zvi and Taz and honor him instead.

“Nowadays, though, the mohel is often paid for his services,” concluded Rabbi Dayan. “So, if Rabbi Pinchas turned down another bris due to your arrangement, you would have to compensate him partially if he cannot find an alternate bris” (C.M. 333:2).

Verdict: After granting someone the privilege to serve as mohel or sandak, the father should not retract. If an unexpected talmid chacham or close relative becomes available, however, the Chacham Zvi and Taz allow the father to grant that person the honor instead.