ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Yevamos 48
YEVAMOS 46-50 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
(a) The source of Rebbi Shimon ben Elazar, who learns that one may perform
Milah on an Eved against his wishes, is the Pasuk "Kol Eved Ish Miknas Kesef
u'Malta Oso, Oz Yochal Bo" (referring to the Korban Pesach). He learns from
the words "Eved Ish" - that one may circumcise an Eved who is an Ish against
his wishes, but not a son who is an Ish (i.e. the grown-up son whose father
is converting) against his wishes.
(b) The problem with "Eved Ish" - lies in the implication that the Eved of a
man needs Milah, but not the Eved of an Ishah. Why on earth should the Eved
of a woman be any different than that of a man?
(c) Without the word "Ish" - the Pasuk would simply come to preclude someone
who has an uncircumcised Eved from participating in the Korban Pesach.
(d) The Rabbanan, who maintain that an Eved Ish, like a Ben Ish, cannot be
circumcised against his wishes, explain the Pasuk "Kol Eved Ish ... " like
Shmuel - who Darshens that an Eved who *is under the domain of his master*
(i.e. he has not been set free) is called an Eved, but not one who is *not*,
from which he derives that an Eved, whose master has set him free, does not
require a Get Shichrur.
(a) We have assumed until now that the Rabbanan require Kabalas Ol Mitzvos
by an Eved Meshuchrar, because that is how they hold by Eishes Yefas To'ar.
Rav Papa disagrees with this. In his opinion - it is only by an Eishes Yefas
To'ar that the Rabbanan require Kabalas Mitzvos (and by the same token, her
consent), because she was *not Chayav be'Mitzvos*; but when it comes to a
regular Eved Meshuchrar, who *was*, they agree with Rebbi Shimon ben Elazar
(who does not require Kabalas Mitzvos).
(b) The Beraisa (in support of Rav Papa) says that both a Ger and an Eved
that one buys from a Nochri require Kabalas Ol Mitzvos - but not an Eved
that one buys from a Jew.
(c) The author of this Beraisa cannot be Rebbi Shimon ben Elazar - because
in his opinion, an Eved that one buys from a Nochri does not require Kabalas
Ol Mitzvos either.
(d) Seeing as an Eved Meshuchrar does not require Kabalas Ol Mitzvos, even
according to the Rabbanan, when the Beraisa (that we learned on the previous
Amud) says 'Echad Ger ve'Echad Eved Meshuchrar' - it must be referring to
the obligation to Tovel (to teach us that, although the Eved Toveled already
when he became an Eved, he must Tovel again when he becomes a fully-fledged
(a) The Torah writes in Ki Seitzei "ve'Gilchah es Roshah ve'As'sah es
Tzipornehah". Rebbi Eliezer interprets "ve'As'sah es Tzipornehah" to mean
that she must cut her nails. According to Rebbi Akiva - it means that she
must let her nails grow.
(b) Each one learns his opinion from the comparison to "ve'Gilchah es
Roshah". According to ...
1. ... Rebbi Eliezer - it is comparing the cutting of the nails to the
cutting of her hair.
(c) We prove Rebbi Eliezer's opinion from the Pasuk in Shmuel 2
"u'Mefivoshes ben Shaul Yarad Likras ha'Melech, Lo Asah Raglav ve'Lo Asah
S'famav" - where we see that 'Asiyah' in this sort of context means cutting,
and not letting grow.
2. ... Rebbi Akiva - it is comparing the uglification of letting her nails
grow to that of cutting off all her hair.
(a) According to Rebbi Eliezer, "u'Vachsah es Avihah ve'es Imah Yerach
Yamim" means that she literally cries for her parents; according to Rebbi
Akiva - that she cries for her idols (like the Pasuk in Yirmiyah "Omrim
la'Eitz Avi Atah ... ").
(b) The Tana Kama of the Beraisa learns from this Pasuk that she cries for
thirty days, after which she is permitted to him. According to Rebbi Shimon
ben Elazar - "Yerach" means thirty days, "Yamim" means another thirty and
"ve'Achar-Kein", a third set of thirty days, making a total of ninety days.
(c) Ravina asks on Rebbi Shimon ben Elazar that, according to his Derashah,
it ought to be one hundred and twenty days - "Yerach", thirty; "Yamim",
thirty and "ve'Achar-Kein", sixty.
(a) The Torah writes in Va'eschanan (regarding those who are obligated to
keep Shabbos) "Le'ma'an Yanu'ach Avdecha ve'Amascha Kamocha", and in
Mishpatim "ve'Yinafesh ben Amasecha ve'ha'Ger".
1. ... "ben Amasecha" - refers to an uncircumcised Eved.
(b) Rebbi Yishmael learns from "ben Amasecha" - that one is permitted to
retain uncircumcised Avadim.
2. ... "ve'ha'Ger" - to a Ger Toshav (who undertakes to relinquish his
service of Avodah-Zarah), and Chilul Shabbos is compared to Avodah-Zarah.
3. ... "ve'Gercha Asher bi'Sh'arecha" (which precedes "Lema'an Yanu'ach") -
to a Ger Tzedek.
(c) According to Rebbi Akiva - "ben Amasecha" refers to an Eved that one
bought just before dusk, and Shabbos entered before he was able to perform
the B'ris Milah.
(a) Rebbi Yehoshua ben Levi says that if the Eved Kena'ani that someone
bought from a Nochri refuses to perform the Milah - he may retain him for
twelve months in the hope that he will change his mind. If he does not, then
he must sell him back to a Nochri.
(b) The Rabbanan suggested to Rav Papa that Rebbi Yehoshua ben Levi's
statement does not conform with the opinion of Rebbi Akiva (who forbids the
retaining of a slave who has not had B'ris Milah). He replied that ...
1. ... Rebbi Akiva speaks when the Eved refuses to accept to be circumcised
from the very outset; whereas Rebbi Yehoshua ben Levi speaks when initially,
he agreed to circumcise, but then changed his mind - according to Rashi's
(c) Rebbi Akiva explains "ben Amasecha" to refer to an Eved whom he bought
Erev Shabbos just before dusk - because that is a perfectly valid
explanation. He could equally well have established the Pasuk by 'Pasak'.
2. ... Rebbi Akiva speaks when the owner bought him S'tam (without any
conditions); whereas Rebbi Yehoshua ben Levi speaks when he stipulated at
the time of purchase that he would only retain him for a year (should he
refuse to circumcise), giving him the status of a hired worker (rather than
of an Eved) - according to Rashi's own explanation.
(d) Ravin quoting Rebbi Ilai, gives a third case of an Eved whom one may
retain, and which Rav Papa again establishes even according to Rebbi Akiva -
an Eved that he bought on the express condition that he would not circumcise
(a) Various Amora'im told the story of a town in Eretz Yisrael whose
inhabitants purchased Avadim who refused to circumcise - and they retained
them for twelve months, before selling them back to Nochrim, like the
opinion of the Tana Kama of the Beraisa.
(b) Rebbi Shimon ben Elazar disagrees with the Tana Kama as far as Eretz
Yisrael is concerned - because, bearing in mind that Chazal decreed Tum'as
Zav on Nochrim, retaining uncircumcised Avadim for so long means that all
the Terumos with which they come into contact will be rendered Tamei.
(c) Even the Tana Kama agrees with Rebbi Shimon ben Elazar in the case of a
border town - because we are afraid that the Eved will pass on secret
information that he overhears to his friends across the border.
(a) According to Rebbi Chananyah the son of Raban Gamliel, Geirim are poor
nowadays - because they did not observe their seven Mitzvos up to the time
that they converted.
(b) Rebbi objected to that reason - because of the principle 'Ger
she'Nisgayer, ke'Katan she'Nolad Dami' (so Hashem will not take into account
what they did *before* they converted). He therefore gives the reason -
because they are not careful in their performance of Mitzvos.
(c) Rebbi Elazar maintains that it is because they only serve Hashem out of
fear of punishment, and not out of love. Acheirim (Rebbi Meir) says - it is
because they postponed converting after having made the decision to do so.
(d) Rebbi Avahu (or Rebbi Chanina) brings a proof from the Pasuk in Rus
"Yeshalem Hashem Pa'alech u'S'hi Maskurtech Sheleimah Asher Ba'as Lachsos
Tachas Kenafav" - from which we see that Rus received her full reward for
converting immediately and not delaying.