New York – A renowned lawyer , well known as a staunch advocate of civil rights, came out with some surprising words on the topic of metziza b’peh in a radio interview that took place this past Saturday night.
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Speaking with talk show host Zev Brenner, attorney Nathan Lewin said that he supported New York City’s decision to require signed parental consent before a mohel would be allowed to do metzitza b’peh.
Lewin told Brenner that he declined to represent the parties that were challenging New York City on the metzitza b’peh ruling and that while he has respect for the lawyers who took the case, it was not one that he would have taken on.
“I hope that the very fine lawyers who are representing the community that wants to be free of any restriction are able to succeed, but it seems to me that it is not unreasonable, even in the area of religious observance, for the city to require parents to sign a form that says that their eight day old baby can have this controversial procedure performed on them,” Lewin told VIN News today in an interview. “Given the allegations and history this is a reasonable requirement on the part of the city and falls within the kinds of things that are ordinarily regulated even if there is a religious duty attached.”
Lewin agreed that having the city regulate even one component of a religious practice could potentially create a dangerous precedent if it led to further restrictions on bris milah.
“That is the one legitimate argument that can be made against here,” observed Lewin. “But I think we can cross that bridge when we come to it.”
Lewan makes sense. Now lets read the attacks on him.
parental concent is crucial but that isn’t the business of the government – it is the business of the mohelim
He is 100% right, the Chasidm are making nonsense noise about this… this consent form is very reasonable, and i applaud Bloomerg, or any Mayoral candidate who supports this.
Given his major success with SMR he should retire for eternity.
It’s for arguments like these that the NSA, IRS, DOH, has the over-reaching powers it has today, it all started out with arguments like these.
BTW, this is also why SMR is sitting in Jail, too much government power created out of a “reasonable” concern but ignoring the precedent it creates.
With all due respect to Mr Lewin he might or might not be right, but he’s still only an attorney NOT a posek! We in the religious community, who’s only goal and concern is to follow the authentic path of our ancestors, will continue doing what the Rabbinical Authorities will decide for us!
No attack on Mr.Lewin he is one of the best lawyers.But in the courtroom is his place we don’t need any guidance from him on Halacha.
As a respectful person that he is he should know better not to voice his opinion on delicate matters as metzitza b’peh as we see now how its a news item that “even” Nat Lewin agrees with the city. Which in reality his opinion doesn’t matter but those who seek to ban metzitza b’peh will bring his opinion as a plus.
Lewin agreed that having the city regulate even one component of a religious practice could potentially create a dangerous precedent if it led to further restrictions on bris milah.
“That is the one legitimate argument that can be made against here,” observed Lewin. “But I think we can cross that bridge when we come to it.”
In other words, the argument against having government getting involved is “legitimate”.
But “crossing that bridge” in the future, is something he “thinks”.
Nu, I would call that a serious concern, and he’s not being very reassuring.
for some strange reason this has become the litmus test for mayoral candidates–i have news for everyone:
REGARDLESS OF WHO BECOMES MAYOR THE CONSENT FORM WILL REMAIN.
ALL CANDIDATES WHO SAY OTHERWISE ARE SIMPLY LYING!!! AND I WOULD NOT TRUST THEM ON ANY POSITION THEY PUT FORTH!
It makes sense to consent, but to consent to whom? To the government? Why is it their business?
The whole idea is to “ban” MBP and regulate Brit Mila, anyone who questions that can just go ahead and watch the hearing of the DOH at that time.
http://www.vinnews.com/113562/2012/09/13/new-york-ny-city-approves-metzitzah-bpeh-consent-form/
It may take 50 years for this law to fully evolve, but in the end it will evolve into fully regulating Brit Melah, in a hospital room, nurses, gloves etc etc. It may even be banned in some states as a result.
Maybe Lewin knows a more religious USA from the 60’s.
Nobody is telling you that you can’t practice religion as you see fit. They are only suggesting that if a procedure carries risk as it is believed that this does, that patents sign a release. What’s the big deal?
Do mohelim generally carry liability insurance? If not, is it reasonable to require them to?
What does Mr. Weiner have to say about this matter?
He’s the reason our innocent SMR is in jail. We are planning more events to help release this innocent man.
Why can’t mohelim go for a blood test 1x a month showing them to be negative for herpes, and then present this constantly updated certificate to parents of a newborn?
“I hope that the very fine lawyers who are representing the community that wants to be free of any restriction are able to succeed, but it seems to me that it is not unreasonable, even in the area of religious observance, for the city to require parents to sign a form that says that their eight day old baby can have this controversial procedure performed on them”
So he wants the community to be successful in fighting the regulation or not?
He is not poskening, he is stating his opinion.
The Mohelim should also be tested once a year.
This proves that Quinn has he temperament to be Mayor because her position reflects reality as opposed to all those who pandered.
Of course if he took the case, all the people saying he should stay out of discussing halacha would be using him to back their argument.
Lewin said what I’ve been saying all along. He says what he thinks regardless of the opinions of VIN readers. A consent form does not impinge upon freedom of religion. Several of the candidates have agreed with the present requirement. Weiner who keeps trying to remind us of how Jewish he is claims he would end the requirement.
Nat is a great and accomplished attorney and that is why he has no business speaking against a stance taken by the Jewish Community. Specifically, because his words have weight he should not publicly support the opposition. Moreover, this legislation must be fought because the world is looking at NY and how it acts regarding legislation relating to Bris Milah. His public non-support is even more atrocious when one considers that countries are looking for excuses to outright ban Bris Milah and Shechita for that matter.
I am sorry to say but i think all mohalim should be registered and all britot filed with name date etc.there is no palaces against it and it can only protect the model and the family. the family will know that through model is properly trained and the mohel is protected from lawsuits.
Your right to religious freedom ends when it endangers people. MBP is a disgusting, filthy practice which kills babies
The lesson we must learn from MBP is, that as our community grows BH, we have to self regulate. Otherwise we will have to deal with the gov’t. We need to have self certification for mohalim. We need to self certify our Rabbeim. We need to have certification for Shochtim. We need to certify Dayanim, and Rabbanim. We need to make sure that our own certifications are thorough and prevent molesters, and incompetent people. We need to have some unity between all factions in these regards or we will have nothing. Oseh shalom bimromav…
The problem is that if you require parental consent, you are stating that there is a risk and a reasonable concern. The inevitable consequence will be that you will need the informed consent of the child. Can we agree that this would be a serious problem?
Signing that form opens up a can of worms which Lewin should know.
Insurance, consent for the MBP by the child, Using gloves and anesthetic, and then of course consent from the child for the procedure iteself.
Thanks Nat speak ur conscious don’t ever be intimidated
why can’t the father do the metzitza, who says it has to be the Mohel?
The government does have a right to minimally intrusive regulation where religious practices pose a possible health hazard, as when parents refuse to give their children transfusions. Those who think MBP poses no such hazard should stop the lawsuits and protests, which will only cause more chillul Hashem.
Please remember that MBP is NOT required by halacha according to the Chasam Sofer, and is ussur according to some poskim today because of the risk of infection.
Though i’m not a Chosid, my Rov, ZT’L was. He was my Rov because he was a true Tzaddik and a mentch. When you’d ask him a Sheailah that involved minhogim, he would answer you in accordance with your minhag, not his. Those type midos have been lost on our society, what a shame!
The reason i’m saying this, at my son’s bris, over 20 years ago, the Rov ask me permission before doing MBP. Why is it such an outrage that parents have a say?
While I don’t think that government should stick its nose in religious affairs, children were harmed, so the issue is beyond one of religion.
Not only do i agree that we should be signing a consent for mbp, i think a mohel should have to sign a document that he was tested for herpes and any other diseases that can be transmitted orally. Nobody’s asking you to sign document for any other mitzvah, only one that has the potential to harm a child. Though the risks are soooo tiny, there’s still a risk. Maybe, just maybe, if a parent knew that they would be even a drop liable if their child chas vsholom gets sick because of mbp they would be more cautious about the procedure and who’s performing it.
Isn’t that the governments job?
To regulate possible dangerous procedures.
What is the governments motivation? It’s to protect people from disease
Why all the hysterics?
What’s the big deal about signing a consent form?
There are thousands of regulations that have never led to any “slippery slopes”.