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Prepared by P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Yevamos 48

YEVAMOS 46-50 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.

1) CAN ONE BE CONVERTED AGAINST HIS WILL?

(a) (Rava): R. Shimon Ben Elazar learns from "Any slave of a man, the acquisition of his money".
1. Question: Can it be, the verse only applies to the slave of a man, not of a woman?!
2. Answer: Rather, a male slave may be circumcised against his will, but not the son of a (free) man.
(b) (Ula): Chachamim say, just as you cannot circumcise the son of a free man against his will, you cannot circumcise a slave against his will.
(c) Question: What do they learn from "Every slave of a man"?
(d) Answer: Shmuel's law.
1. (Shmuel): One who declares his slave to be ownerless, the slave goes free, and does not need a Get Shichrur (document of freedom).
i. "Every slave of a man" - if a slave has a master, he is a slave; if not, not.
(e) Question (Rav Papa): Chachamim only said their law by a woman desired in war, since she is not yet commanded in Mitzvos; by a slave, who is already commanded in Mitzvos, they would agree that he may be circumcised against his will!
1. (Beraisa): The law of a convert is as the law of a slave bought from a Nochri - he must accept the Mitzvos.
i. We infer, a slave bought from a Yisrael does not need to accept the Mitzvos!
ii. Suggestion: If the Beraisa is as R. Shimon Ben Elazar - but he says, even a slave bought from a Nochri need not accept!
iii. Rather, it is Chachamim - we see, they say that a slave bought from a Nochri must accept, but not a slave bought from a Yisrael.
(f) Question: But the Beraisa (47B) said, the law of a convert is as the law of a freed slave!
(g) Answer: That was taught regarding immersion.
2) A BEAUTIFUL WOMAN DESIRED IN WAR
(a) (Beraisa): "She will shave her head and do her nails" - R. Eliezer says, she cuts her nails; R. Akiva says, she lets them grow long.
1. The Torah commanded regarding her head and nails. R. Eliezer learns, just as she removes (her hair), she removes her nails;
2. R. Akiva learns, just as she makes herself repulsive by the head, also by the nails.
(b) We can support R. Eliezer's opinion - "Mefiboshes ... did not do his legs nor his mustache" - "doing" means removing!
(c) (Beraisa): "She will cry over her father and mother" - R. Eliezer says, this is literal;
48b---------------------------------------48b

(d) R. Akiva says, this refers to idolatry.
1. "They say to wood, you are my father".
(e) "A month of days" - this is 30 days; R. Shimon Ben Elazar says, 90 days -"month" is 30, "days" are 30, "after this" is another 30.
(f) Question (Ravina): We should say, "month" is 30, "days" are 30, "after this" is another 60!
1. This is left difficult.
3) A SLAVE THAT REFUSES TO BE CIRCUMCISED
(a) (Beraisa - R. Yishma'el): One may keep slaves that refuse to be circumcised; R. Akiva says, we may not.
1. R. Yishma'el: But it says, "The son of your slave will have rest!" (to be explained shortly)
i. R. Akiva: That refers to one who bought a slave as Shabbos was entering and did not have time to circumcise him.
2. Question: All agree that the verse speaks of an uncircumcised slave - how do we see this from the verse?
3. Answer (Beraisa): "The son of your slave will have rest" - this refers to an uncircumcised slave.
i. Suggestion: Maybe it refers to a circumcised slave!
ii. Rejection: "In order that your male and female slave rest as yourself" - this speaks of your circumcised slave; it must be, the other verse speaks of your uncircumcised slave.
(b) "And the Ger (sojourner)" - this refers to a Ger Toshav (a Nochri that keeps his 7 Mitzvos; he may live among us in Eretz Yisrael).
1. Suggestion: Maybe it refers to a convert?
2. Rejection: "The Ger in your gates" - this refers to a convert - it must be, the other verse refers to a Ger Toshav.
(c) (R. Yehoshua Ben Levi): One who buys a slave from a Nochri, and the slave refuses to be circumcised - one may keep him for 12 months; if he still refuses, he must be sold to a Nochri.
1. Rabanan: This is unlike R. Akiva - R. Akiva says, he may not be kept!
2. Rav Papa: It may even be as R. Akiva - R. Akiva said his law by a slave that never agreed to be circumcised. If he agreed, then retracted, R. Akiva could agree that we wait 12 months.
(d) Question (Rav Zvid): If so, when R. Akiva said, the verse deals with one who bought a slave as Shabbos was starting - he should have said, a slave that initially agreed to be circumcised!
(e) Answer: He gave 1 of 2 possible answers.
(f) (Ravin): Which uncircumcised slave may you keep? One that was bought with intention *not* to be circumcised.
1. Rabanan: This is unlike R. Akiva, for he says, one may not keep him!
2. Rav Papa: It can even be as R. Akiva - he did not say his law when a stipulation was made.
(g) Question (Rav Zvid): If so, when R. Akiva said, the verse deals with one who bought a slave as Shabbos was starting - he should have said, a slave bought with intention not to be circumcised!
(h) Counter-question: How will you explain - why didn't he answer, a slave that agreed to convert and retracted?
1. You must also say, R. Akiva gave 1 of 2 or 3 possible answers!
(i) (Rav Chanina Bar Papi, R. Ami, R. Yitzchak Nafcha): There was a city in Eretz Yisrael, its slaves did not want to be circumcised. They kept them for 12 months, then sold them to Nochrim.
(j) This is as the coming Beraisa.
1. (Beraisa): One who buys a slave from a Nochri, and he did not agree to be circumcised - one keeps him for 12 months; if he is still uncircumcised, he is sold to a Nochri;
2. R. Shimon Ben Elazar says, we do not let him stay in Eretz Yisrael because he will spoil Taharos.
i. In a city on the border, he may not be kept even a short time, lest he hear something and tell his Nochri friend.
4) WHY CONVERTS SUFFER
(a) (Beraisa - R. Chananya): Converts suffer today because they did not keep their 7 Noachide Mitzvos;
(b) R. Yosi says, he is as a newborn (and is not punished for what he did before!); converts suffer because they are not meticulous in the Mitzvos as Yisrael;
(c) Aba Chanan says, because they serve out of fear, not out of love;
(d) Others say, because they delayed coming under the wings of the Divine Presence.
(e) (R. Avahu): They learn from "Hash-m will pay your actions, and your wages will be full from Hash-m (because you converted quickly)".
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