B"H
Not long ago, we read about Tzipporah taking a sharp stone a circumcising the flesh of one of her sons. There is no question as to its importance in Jewish law, for even the majority of non-religious Jews will have the operation performed on their sons. The Rabbis teach us that a Jewish boy who is uncircumcised prevents his father and all those within his household from eating the Passover offering! My question is where does custom play a role in this very important and ancient Jewish ritual? Simple Halacha seems to have been "coloured" over by many traditions, some perhaps old and others new. I will paste here for our readers the Yemenite custom in this very old practice, but I will first ask all those participating in this forum (and who might have information on their own customs in circumcisions) to share with us those customs on this thread. For me, it is a comparison of sorts on the different customs treating upon this subject. Perhaps only then will we be appreciative of the fact that custom affects nearly all that we do in the realm of Halacha.

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CIRCUMCISION IN YEMEN
(Translated from the book, "Misefunoth Yehudei Teman.")
by Yehudah Levi Nahum

"Two days before the circumcision, they decorate the hall wherein is to take place the circumcision, similar in some ways to [the decorations] made at a wedding. For example, they hang sheets across the walls, string up colocynths and racemes of thistles, as also place decorative bottles upon the ledges surrounding the hall. Moreover, they prepare [there] 'a seat for Eliyahu [the prophet],' covered over with a beautiful kerchief, and they have it placed upon one of the more conspicuous ledges protruding from the walls.
During the hour of the circumcision, the father [of the child] enters first, while draped in [his] prayer shawl in the midst of the congregation. He steps forward to take down the seat of Eliyahu [the prophet], and says with a loud voice: 'This [here] is the seat of Eliyahu, of cherished memory.' The congregation repeats what was said after him, while standing [upon their feet] out of respect for Eliyahu. Afterwards, the father [of the child] departs from the company of men and goes into the room wherein sits the mother who has given birth. For the most part, those surrounding the mother who gave birth are elderly women, who take the care of washing the newborn infant, and in dressing him before the act of circumcision. This privilege falls first to the mother of [that child's] father, the grandmother of the babe. The father receives the child from the hand of its grandmother while [the child lies] in a frond-woven basket, suit for the occasion, replete with a small cushion, [and] three small pillows. With one, it is placed beneath the head of the child. As for the other two, one is placed on his right-side and the other on his left-side.
The babe is dressed in special clothing, and his face is adorned with flowers. For example, rue [is used] to protect [him] against the 'evil eye.' Upon his cheeks, they smear a brownish-black pulp of aloe vera [that had been left out in the sun]. Likewise, they hang upon his neck an ornament made from the seeds of the colocynth, called [in Arabic] 'keshah,' as also a rope-like necklace made from thin fibres, a thing also used to [ward off] the evil eye.
With awe, intermingled with rejoicing, the father [of the child] proceeds by foot to the hall where they are to perform the circumcision, while the women-folk ululate with joy at the very moment he enters the hall. He sets down the child, [placing him] upon the seat of Eliyahu [the prophet]. He then begins, himself, by [uttering] praise: 'We-Hallelu-Yah. Borukh Asher Kevodho Molei 'Olam, Mikol 'Ayin Ne'elom, Bara Mal'akh We-Ghaljal We-Ofan U've-odham Hoshlem, Wivorakhem Lemor Peru U'rivu U'redhu Be'Olam, Yodhukha 'Ameem E-lohim Yodhukha 'Ameem Kulam We-Hallelu-Yah.' והללויה ברוך אשר כבודו מלא עולם, מכל עין נעלם, ברא מלאך וגלגל ואופן ובאדם השלם, ויברכם לאמר פרו ורדו בעולם, יודוך עמים אלהים יודוך עמים כולם, והללויה.
The father [is he that] commences, while the entire congregation stands before him out of the honour due to the commandment, while they continue the praise mentioned above unto its end. They also add these [words]: 'We-Hallelu-Yah Ashrei Tivhar Wa-Thiqorev Yishkon Haserekha Nisbo'ah Batuv Bethekha Qadhosh Heikhalekha, We-Hallelu-Yah.' (Psalm 65:5) והללויה אשרי תבחר ותקרב ישכון חצריך נשבעה בטוב ביתך קדוש היכלך, והללויה.
Once again, the father [of the child] takes up the infant from off the seat, and delivers him to the Mohel (circumciser), just as he is, within the [frond-woven] basket. The Mohel sits upon his the legs [upon the floor], with his knees upwards. Facing him is the [child's] godfather (Heb. sandaq), both of them sitting in such a way as to make their knees touch one another so as to facilitate holding the child while he lays upon both of their knees. The circumcision is performed while the Mohel and the godfather are, [both], sitting. Yet, the entire congregation, with the father of the circumcised infant, are standing upon their feet. The Mohel takes out of his pocket a handkerchief wherein is wrapped the knife, and also a small container in whose mouth there is a small aperture full of powdered condiments in order to sprinkle upon the [place of] circumcision. Beside the Mohel stands a certain man, who is the most distinguished of the invited guests, who acts as an assistant to the Mohel, [and] whose function is to hold in his hands the two [shallow] dishes – one containing sand, the other containing cotton swabs drenched in oil known as 'nashaish.' The two pillows that are on each side of the infant are placed, by the Mohel, beneath the babe, and he then bends the two legs [of that child] while they are spread apart, [this being done] in order to enable the godfather (Heb. sandaq) to grasp them in his two hands. The Mohel then dips his fingers with which he will hold the foreskin into the sand that is in the hand of [his] assistant. He then takes the knife and blesses over the circumcision. The [severed] prepuce is thrown by him into the sand [on the dish]. After the pri'ah with his fingernails, they bring him a glass of arrack, called 'araqi, which has the [double] name of 'mesisah.' He causes [the child] to swallow it [by putting it] into his mouth. He then bends down over the circumcision, sucks the blood with his mouth from the [place of] circumcision, and expectorates everything onto the sand [lying] in the hand of [his] assistant. Thus he does three or four times. Afterwards, he sprinkles powdered condiments over the [place of] circumcision, [and] places a cotton swab, of those that had been drenched in oil, arranges the pillows as they were before, and then covers the child in a silken kerchief, just as he was before. While the Mohel is busy with slitting and folding back the inner lining-membrane (mucosa), and with applying suction, the father of the child blesses: '…Asher Qiddeshanu…We-Siwanu La-Hakhniso Bivritho Shela-Avraham Avinu.' אשר קדשנו וצונו להכניסו בבריתו של אברהם אבינו.
After the congregation have answered 'Amen,' they proceed from there directly into [saying]: 'Keshem She-Hekhnasto Livrith, Kakh Takhnisehu La-Torah U'lemiswoth U'lehupah Wa-Lama'aseem Tovim.' (see: Gemara Shabbath 137b) כשם שהכנסתו לברית, כך תכניסו לתורה ולמצות ולחופה ולמעשים טובים.
Afterwards, he makes the blessing known as 'Shehehiyanu' (ברכת שהחיינו). After which the father gives a name to his infant, and says: 'Come into the covenant, so-and-so!' בוא בברית (פלוני
Then the congregation repeats after him, [saying]: 'Come into the covenant, so-and-so!' בוא בברית (פלוני
From this, they proceed directly into [saying the Psalm], 'Shir Ha-Ma'aloth Ashrei Kol Yarei A-dhonai Ha-Holekh (etc.)' שיר המעלות אשרי כל ירא ה' ההולך(Psalm 128).

In Yemen, they do not give a name to the boy until the hour of [his] being brought under the covenant. Neither does anyone know which name the boy will be called by until after the circumcision. For most, the father chooses one of the names of family members who have passed away, in order to perpetuate their memories. After the circumcision, the godfather (Heb. sandaq) takes up the baby within the [frond-woven] basket, and returns him to the father of the child. Then he commences [by saying]: 'We-Hallelu-Yah, Ha-Yeledh Ha-Nimmol Ha-Zeh Yivorakhehu E-l Ram, Wa-Yithborakh Kavirkath Moshe Ben 'Amram, U'chavirkath Mi Sheniglah 'Alau Be-Padhan Aram We-Hallelu-Yah.' והללויה, הילד הנימול הזה יברכהו אל רם, ויתברך כברכת משה בן עמרם, וכברכת מי שנגלה עליו בפדן ארם והללויה.
The godfather (Heb. sandaq) [is he that] commences, while the congregation continues. The father, [meanwhile], returns the child to the room of the women-folk where they receive him with ululating voices of great rejoicing, and with the blessing, 'Allah Yijbarak,' [meaning], 'May G-d build your house!' One of the women sitting beside the mother who has given birth changes the oiled cotton swab used on the baby every quarter hour for the remainder of that day. (In Yemen, they did not practice bandaging the circumcision.)
After they remove the child from the hall of circumcision, they bring a wash basin, a vial of water and a bowl made of copper, in order to wash the hands and mouth of the Mohel. After this, they deliver unto the Mohel a cup of wine, containing the measure of a quarter [of a log], and he stands and blesses, 'Borei Feri Ha-Gofen.' (בורא פרי הגפן)
He [then] blesses over the fragrant [leaves]. There are those who bring myrtle [branches] and disperse [them] among the congregation. Others bring rose-water and spatter it over the entire congregation that are situate in the hall. [Meanwhile], the Mohel continues with the blessing, [saying]: 'Asher Qiddesh Yadhidh Mi-Beten, etc.' אשר קידש ידיד מבטן וכו'
Afterwards, he adds the blessing, 'She-Tishlah Asutha,' – "Let healing be sent [etc.]' (תשתלח אסותא); the first [said] for the mother of the newborn infant, while the second blessing said for the babe. He also says: 'E-loheinu, etc.' and then drinks from the cup, and sends wine from the same cup to the woman who had given birth. Finally, he says: 'Rebbe Hananiah, etc.' (רבי חנניה) and Qaddish.

(All of this is described by Maharitz, in the Commentary known as 'Etz Hayim, page 179, published in Jerusalem in Anno Mundi 5654/1894 C.E.)"

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In Yemen, the godfather (Heb. sandaq) was usually the grandfather of the child.

Sincerely,
David Ben-Abraham

B"H
CORRECTION:
The text should have read: "The Mohel sits upon his legs [while on the floor], with his knees upwards, etc."

Sincerely,
David

Minhagim are like "Hidurim" (beatification) of the Mitzvah. By having things done according to certain ideas (Kabalistic or Drush etc.) it puts thought and beatification to the Mitzvah.

B"H
Thank you, Rav Chaim. There is no question about it. Many times the custom is simply to beautify the Mitzvah. But I think, at other times, perhaps the custom is a matter of principle. Let us take, for example, the hour of circumcision - when it is to be performed. Maimonides ruled in Halachoth Mila 1:8 that circumcisions should be performed in the early part of the day, saying in the language of the Talmud (Pesahim 4a), "those that are highly motivated press ahead with the commandment." זריזים מקדימים למצוה
But in Yemen, the practice was to perform the circumcision around noon, or shortly before noon, according with a teaching brought down in Pirke Rebbe Eliezer. Can we say here that it was also to "beautify" the Mitzvah? Here, it would seem, it was a matter of principle. If I am wrong, please correct me.

Humbly yours,
David

Reb David, our (Ashkenazi) custom is to have the Bris as early on in the day as possible, often in Shul right after Shacharis.

I was therefore a bit surprised when my (sefardi) grandson's Bris (it's a photo of him on the left below my name) took place at 2.00 pm in Yerusalayim. It was in a catering hall. I suppose the reason was that the Sandak was the famous Rav Reuven Elbaz (see Rav Reuven Elbaz) who presumably could only make it at that time.

BTW, I see that Rav Elbaz was one of the Rabbonim who was Maspid Rav Kadouri zt"l at his funeral.

I think that's a different type of Minhag. That's when there is a Machlokes into the performing of the Mitzvah how it's done, then the way that it's accustomed to be performed that creates the Halacha like that. This is the Minhag being referred to in Menachos 32a that even if Eliyahu comes and tells you to change your minhag, you don't listen to him.

quote:

Originally posted by Yisroel Phillips:
I suppose the reason was that the Sandak was the famous Rav Reuven Elbaz.

What am I talking about! I was the Sandak; Rav Elbaz was the Mohel. How could I have forgotten?

quote:

Originally posted by Rav Chaim:
I think that's a different type of Minhag. That's when there is a Machlokes into the performing of the Mitzvah how it's done, then the way that it's accustomed to be performed that creates the Halacha like that. This is the Minhag being referred to in Menachos 32a that even if Eliyahu comes and tells you to change your minhag, you don't listen to him.

Thank-you, Rav Chaim! You have explained the difference between custom (minhag) and halacha, and when the custom becomes halacha, most consummately! I needed to hear this.

In a similar, but different, question about custom, I understand that, in the United States, all will recognize the Chazon Ish as a great Talmid Chacham. However, the
vast majority of American Rabbonim still follow the traditions of the European Orthodoxy and do not necessarily rely on the Chazon Ish.
What would you say are the major differences in teaching, method, halacha, or custom between the Chazon Ish and the European Orthodoxy?

Sincerely,
David Ben-Abraham

quote:

and when the custom becomes halacha,

Shalom David:

What words of Rav Chaim led you to believe he said this?

I thought elsewhere that Rav Chaim and others are careful to maintain the distinction between that which is halacha, and that which is minhag?

B"H
Rob, Shalom!
In answer to your question, Rav Chaim had previously written:

"...when there is a Machlokes (division) into the performing of the Mitzvah, how it's done, then the way that it's accustomed to be performed, that creates the Halacha like that."

That is to say, the custom takes precedence over a disputed ruling in the halacha.

Sincerely,
David