Israeli Trial Court Dismisses Negligence Charges Against Mohels -- No Law Broken

Haaretz reports that an Israeli Magistrate's Court in the city of Ashkelon last week acquitted two individuals who had been charged with criminal negligence in connection with the Jewish ritual  circumcision of a baby boy. One of those charged was a well known mohel with many years of experience, and the other was a student from overseas learning from him.  They jointly performed a circumcision in which a baby boy suffered excessive bleeding, but no lasting harm.  Criminal charges were filed when it was learned that the experienced mohel's certification from Israel's Chief Rabbinate had expired, and the student had not yet been certified.

During the trial, though, it became clear that no law had been broken.  In the past, legislation has been introduced into Israel's Knesset to set standards for who may perform ritual circumcisions.  Proposals have not passed because technically Jewish law imposes the obligation on the father to circumcise his son.  Usually fathers delegate the task to a professional mohel.  But if a father who did not meet legislative criteria chose to perform the circumcision himself, the law would be imposing criminal penalties on the performance of a religious obligation.  This could create freedom of religion concerns. Magistrate Judge Haim Nachmias however in dismissing the charges wrote:

The legislators would be wise to regulate the profession of performing circumcisions, and the supervision of those performing this religious commandment, through legislation.  And it would be better had this been done already.