Rabbi Yehuda Finchas
Sara gave birth to a beautiful healthy baby boy. She was excited that her brother Yosef, a mohel, arranged to fly in from Israel to New York and had agreed to perform the brit mila for his new little nephew. Yosef arrived the day before the brit mila was to take place.
He looked at the baby and shook his head. “Sara, Mabrouk! But the baby is yellow and I cannot perform the brit mila unless the color clears up by tomorrow.” Sara responded, “But the baby is healthy!” She called her doctor to confirm that the baby was, indeed, perfectly healthy. Dr. Walter Smith had checked the baby and reiterated that he was, indeed, perfectly healthy.
When Yosef told Dr. Smith that it was possible to treat jaundice with doves, the doctor was incredulous. “Using doves to heal jaundice?!” he responded. “Is there scientific evidence to support this?!”
According to Jewish tradition, the “pigeon treatment” has been employed successfully for generations.
When a Baby Is “Yarok”
Physiological jaundice in a newborn is not usually considered a medical risk even if the baby has a yellowish appearance. However, the Gemara (Shabbat 134a) notes that a sick child should not undergo a brit mila until he recovers and this includes if a baby is “yarok,” meaning he has a greenish or yellowish appearance. Such a baby should not have a brit mila until he loses the “yarok” complexion. Even though there may not be any medical reason to delay the brit mila, the Rambam (Mila 1:17) and Shulchan Aruch (YD 263:1) rule that one may not perform a brit mila on a baby who is “yarok.”
The Dove Treatment
Hacham Ovadia, zt”l, has a responsa (Yabia Omer YD, 9:32) discussing the halachic implications of the healing power of doves in treating jaundice. He quotes a segula from Taamei Haminhagim, where the treatment for curing jaundice (often seen in hepatitis patients) is to place a male pigeon on the navel of a male, or a female pigeon on the navel of a female. Hacham Ovadia, also notes anecdotal evidence of cases in which the pigeon dies and the patient is healed. The claim is that the pigeon draws the jaundice out from the patient, thus eliminating the jaundice. Dr. Walter saw no medical need or benefit to do this ancient “treatment” and even claimed that it should qualify as animal cruelty.
Hacham Ovadia acknowledges that the doctors question this form of intervention and understands that it may not cure all patients from jaundice. However, Hacham Ovadia recognizes that many patients have been cured this way.
Rulings of Hacham Ovadia and the Rambam
Hacham Ovadia further explains that in this instance there is no concern of animal cruelty – tzaar baalei haim, even though this procedure causes the death of the doves. While there are many sources that argue that tzaar baalei haim is a Biblical prohibition according to most poskim, this prohibition is waived when the action is necessary for human benefit. In other words, tzaar baalei haim does not apply when there is human gain. Hacham Ovadia applies this concept to using doves as a segula for health reasons, even if there is no scientific explanation for the phenomena.
In a different responsa, Hacham Ovadia (Yabia Omer OC, 8:37) discusses using a segula as a treatment for an illness that involves hilul Shabbat. When quoting different opinions among the poskim whether this is permitted, he elaborates on the Rambam’s position. In his Pirush Hamishna (Yuma 8:6), the Rambam explains that you may not use a segula that involves a prohibition unless it is has a proven medical efficacy. In Moreh Nevuchim (3:37) the Rambam explains that the we do find Hazal using segulot that cannot be explained scientifically, but as long as experience demonstrates their efficacy, they may still be used. Therefore, even though using doves to treat jaundice qualifies as segula without scientific basis, Hacham Ovadia writes that it works and it is permissible to use this treatment.
Hacham Ovadia is confident that regardless of the Rambam’s position vis-à-vis segulot, the Rambam would still permit using doves to cure jaundice as he (the Rambam) rules that tzaar baalei haim is only a rabbinic prohibition and should be permissibly violated for human benefit.
Conclusion
In conclusion, a brit mila may not be performed on a baby who is “yarok.” But since there is no medical illness, the brit mila may be performed as soon as the baby loses his “yarok” complexion. The Rishon Lezion, Hacham Yitzhak Yosef, explains (Sova Semahot 2:16:3) that even though we must usually wait a full seven days for a baby to recover from an illness, since physiological jaundice is not considered a classic medical illness, one does not need to wait seven days in this instance. He also rules that it is permissible to use doves to try to cure the jaundice.
Rabbi Yehuda Finchas is a worldwide expert, lecturer, and author on Medical Halacha. He heads the Torat Habayit Medical Halacha Institute. His latest book is “Brain Death in Halacha and the Tower of Babel Syndrome.” To contact Rabbi Finchas, email rabbi@torathabayit.com.