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Rabbi Shmuel Herzfeld

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An Attack on Circumcision is an Attack on Jewish Culture

Posted: 07/05/2012 2:19 pm

The Jewish and Muslim communities have recently expressed international outrage and concern about a ruling emanating from a German court in Cologne that apparently limits the freedom of those wishing to practice a ritual circumcision, known in Hebrew as a berit milah.

For a Jew a berit milah represents our oldest ritual and any attack upon this ritual should be viewed -- and has historically been viewed -- as an existential attack upon the Jewish people.

However, before we condemn Germany for its association with this decision more information is necessary. Since the decision of the court has not been fully published we are relying on limited information in assessing the full danger and concern represented by this decision.

The AP and other media outlets have reported that the court in Cologne ruled: "That the child's right to physical integrity trumps freedom of religion and parents' rights."

If this was indeed the substance of the ruling then we should all be very concerned as it is creating a precedent that a berit milah is a violation of a child's rights. The fact that a court would view circumcision in this context is extremely distressing. I strongly disagree with that concept as I view a berit milah as a ritual that protects the child spiritually and allows him to spiritually and physically join a community with a tradition dating back more than 3,000 years.

But it is not entirely clear that the Jewish community and the ritual of berit milah is under attack in Germany.

The AP also reported: "The case in Cologne involved a doctor accused of carrying out a circumcision on a four-year-old, approved by his Muslim parents, that led to medical complications. The doctor was acquitted, however, and prosecutors said they wont appeal."

It is possible that the case in question refers to a doctor committing malpractice in his efforts to circumcise the child. We simply don't know all the facts at this point.

After hearing about this ruling, I was initially horrified and reached out to the German embassy for clarification and requested a meeting with the Ambassador. While I am still waiting for that meeting with the Ambassador I was able to have a lengthy conversation with Knut Abraham, Legal Adviser and Consul General to the German Embassy in the US. (It is an ironic name since, Abraham was the first person in Jewish history to be circumcised.)

He shared with me the official statement of the German government about this matter, which is reassuring to some degree.

He wrote to me: "The ruling by the Regional Court of Cologne represents a singular decision which deviates from the broad majority of legal opinions on circumcision. In the Federal Republic of Germany, circumcision is socially and legally accepted as a consensual medical intervention. The Federal Government will carefully assess all facets of the ruling and review the possible consequences of this individual decision. Germany´s Foreign Minister, Mr. Guido Westerwelle, has made the following statement: 'The Cologne judgements has triggered confusion internationally. It must be clear that Germany is a globally minded and tolerant country in which religious freedom is firmly embedded and in which religious traditions such as circumcision are protected as an expression of religious diversity.'"

Thus, even if this court's ruling was against circumcision in general and not merely limited to the doctor in this specific case, circumcision remains legal in Germany.

But Abraham then added: "According to media reports the case has developed the following way: After the circumcision the Muslim boy was bleeding heavily. The mother decided to go to a hospital where the boy got treatment. After talking to the mother a doctor got the impression that the circumcision had not happened in her consent."

This is of course a very different situation and it may very well have called for prosecutorial intervention. It remains to be seen whether or not this report from the embassy is accurate.

 
 
 
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The Jewish and Muslim communities have recently expressed international outrage and concern about a ruling emanating from a German court in Cologne that apparently limits the freedom of those wishing ...
The Jewish and Muslim communities have recently expressed international outrage and concern about a ruling emanating from a German court in Cologne that apparently limits the freedom of those wishing ...
 
 
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1846
Deir Yassin Survivor
03:43 AM on 07/07/2012
Why is everything an attack with these Rabbi's
12:48 AM on 07/07/2012
religions do that sort of thing ----mutilate the bodies and brainwash the minds -----

if they let the kids grow up mature and decide for themselves ------they would lose members at alarming rates
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HUFFPOST SUPER USER
Dennis Schmunk
03:11 PM on 07/06/2012
It's difficult to defend the tribal rituals of stone age cults. Well perhaps bronze age cults in this case.

A modern ritual would be a Prince Albert on the appendage. Hey maybe circumcision is a form of punk religion. IIn any case it's a decision that (like the prince albert) should be made by the amputee of consenting age.

Charles Dick-ens never mentions the practice among the many abuses of children but would likely agree.
02:40 PM on 07/06/2012
Rabbi,

You're completely misrepresenting the Court decision. Nobody in Germany is talking about banning circumcision outright. Despite your typical accusations of Anti-Semitism (existentially, nice try) the Jewish faith is not under attack. If Jewish boys CHOOSE, say at the time of their Bar Mitzvah to undergo the surgical removal of their foreskin, nothing will stop that choice, it's their religion and they're free to do as they wish. Informed Adults and All. But good luck convincing them to go that route. I'd forgo any religion requiring me to cut off ANY part of my body.

What this judge wished to convey, and appropritely in my opinion, is that the mutilation of a childs body cannot and should not be supported by the state, as their essential right to security of their person is being violated for no reason beyond some archaic, barbaric ritual. Nobody cares about your spiritual community of 3000 years, time to move past the stone-age practices.

Also, if you're not too busy demanding meetings with Ambassadors to explain themselves against your ridiculous claims of Anti-semitism, could you please explain how a child is "spiritually protected" (against what wicked spirits??) by the removal of the tip of their Penis???
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albertarick
These are questions for wise men with skinny arms
01:12 PM on 07/06/2012
If the maintenance of your culture, depends on the torture and mutilation of newborns, it deserves to be attacked. All the fuss and debate over whether people have the right to cut off perfectly good skin should be embarassing to those defending it. The arguments for circumsion died with the development of running water and soap.
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rolor
'round and 'round we go
02:38 PM on 07/08/2012
Well said. ;-)
01:00 PM on 07/06/2012
"An Attack on Circumcision is an Attack on Jewish Culture"

You say that, unlike just about everything on Earth, Jewish Culture is perfect and absolutely has nothing wrong with it.

Institutionalized circumcision is wrong, and it needs to be attacked, by Jews and non-Jews alike, both as part of Jewish Culture and just about any other culture that institutionalizes it (with Jewish Culture being the most prominent example I'm aware of.)

If you are suggesting that to criticize circumcision is anti-Semitic, you are accusing well-meaning people who want to protect innocent children from your barbarism of a very serious transgression. Stop it.
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Semprini
Stamp out and abolish redundancy
05:00 PM on 07/06/2012
Yes, antisemitism is a truly vile accusation. It shouldn't be used in such a cavalier fashion to try to win arguments.

Especially such morally bankrupt arguments.
12:56 PM on 07/06/2012
For me it comes down to if God didnt want the baby to have a foreskin, why did he (or she) put one on?
05:00 PM on 07/06/2012
Considering the belief that God created man in his own image, I assume that God is intact.
11:33 AM on 07/06/2012
To cut off the foreskin is mutilation. For an adult to mutilate a child is unconscionable, to claim the right to do so, outrageous.
10:13 AM on 07/06/2012
It would be great if the rabbi can link how cutting a piece of a person can "protects the child spiritually and allows him to spiritually and physically join a community".
09:51 AM on 07/06/2012
We should stop taking seriously, I think, people who complain about being unable to cut of pieces of their children's genitals without their consent, whatever their whimsical reasons. I feel ridiculous having to type something like this in the year 2012. It's an incredible contrast isn't it; we have some people discovering the Higgs Boson particle and others upset they cannot cut off pieces of their kids genital organs to appease one sky God or another. What a planet.
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Fein
Either everybody counts or nobody does.
10:38 AM on 07/06/2012
Funny, but not for the child who's first memories include an assault on their penis.
11:22 AM on 07/06/2012
Exactly. And it's oh so terrible if you do it to a girl but to a boy?

That's just business as usual.
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09:46 AM on 07/06/2012
"After hearing about this ruling, I was initially horrified and reached out to the German embassy for clarification and requested a meeting with the Ambassador. While I am still waiting for that meeting with the Ambassador I was able to have a lengthy conversation with Knut Abraham, Legal Adviser and Consul General to the German Embassy in the US."

Interesting to know my embassy has nothing better to do. They WILL be hearing from me.
08:57 AM on 07/06/2012
"That the child's right to physical integrity trumps freedom of religion and parents' rights."

This statement makes sense to me: however, the fact that circumcision does not affect sexual functionnement makes it tolerable, compared to female excision. But tolerable does not mean morally right.
11:23 AM on 07/06/2012
Of course it affects sexual function and it is intolerable.
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SimonLeigh
08:04 AM on 07/06/2012
Of course it is! It's a barbaric assault that's practiced by millions of Jews. So what? Genital cutting is a barbaric assault that's practiced by even more millions of non-Jews. The fact that Jews, or Arabs or Africans want it done to their sons or daughters means nothing; it's assault; it should be illegal and the law enforced. The child's screams outweigh the ranting of the self-importantly religious.
05:59 AM on 07/06/2012
It puzzles me to read what Mr. Abraham said. The scientific service of the German federal parliament has decided that the conclusion of the Cologne court is the predominating opinion of the law science in Germany.
No honest man in Germany wants to ban male or female circumcision. The essence of the cologne decision is: it has to take place after the age of consent.
In Germany, the age of religious self-determination is 14. By some, this is proposed as a possible minimum age. But the religious leaders of Muslims and Jews in Germany already said: no way, not the slightest compromise.
There was a pro-child-circumcision commentator on the national radio, and his comment on that proposal was very telling: he said, at 14 there would be the danger that some boys would decide against circumcision. That really speaks for itself! That is what it is all about.
Society has changed from 4.000 years ago. We think differently about children's rights now.

Greetings from Germany,

Cat
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HagueAbductions
Card carrying member of The Patriarchy
04:12 AM on 07/06/2012
I'm all for freedom of religion, I respect indigenous and diverse cultures and beliefs and have a deep respect for traditions and the importance of rituals, but your rights to these things ends the moment you bring a knife near my penis.

If you choose to mutilate your own genitals I will support your right to do so, but your desire to allow adults, parents or not, to mutilate the genitals of children is beyond the pale.