POINT BY POINT SUMMARY
Prepared by P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Yevamos 46
YEVAMOS 46-50 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
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1) SLAVES THAT IMMERSE TO BECOME FREE
(a) Question: Why?
(b) Answer: The Nochri did not own the slave himself (just
his earnings). The Yisrael cannot acquire more than the
Nochri himself owned.
1. Since the slave immersed to become free, this
uproots his obligation to work, as Rava's law.
i. (Rava): A lien on an object or person is
uprooted if the object or person is made
Hekdesh, freed, or is Chametz which because
prohibited on Pesach.
(c) Question (Rav Chisda - Beraisa): There was a case with
the convert Bluriya, that her slaves immersed before she
did; Chachamim ruled, they are free.
1. Had they immersed after her, they would not be free!
(d) Answer: No! By immersing before her, they are free even
without specifying their intention. Had they immersed
after her, they would only be free if they specified that
they were immersing to become free.
(e) (Rav Avya): This only applies when a Yisrael buys from a
Nochri; but if one buys the Nochri himself, he acquires
him.
1. "Among them you will acquire" - you acquire from
them, but they cannot acquire you, nor can they
acquire one another.
(f) Question: Regarding what can they not acquire?
1. Suggestion: If regarding earnings - can a Nochri not
acquire a Yisrael?!
i. "Or he will be sold to the family of a
sojourner" - 'the family of a sojourner' refers
to a Nochri!
(g) Answer: Rather, the verse speaks of acquiring the person
himself, and it says that a Yisrael can acquire a Nochri.
(h) Question (Rav Acha): Perhaps he only acquires him through
money and immersion (to become a slave), but before this,
the Nochri may immerse to become free!
1. This is left difficult.
(i) (Shmuel): The slave must be held in the water.
1. Rav Ashi wanted to immerse his slave Minyamin. He
handed him over to Ravina and Rav Acha - 'Be
careful, I will hold you responsible if he immerses
to convert.'
2. They tied a chain around his neck, loosened it and
tightened it.
i. They loosened it, so it should not be a
Chatzitzah (blockage which invalidates the
immersion).
ii. They tightened it, so he should not be able to
say 'I immerse to become a free convert.'
3. As they lifted his head from the water, they put a
vessel of mud on his head, and told him to take it
to his master.
(j) (Rav Papa): People of Papa Bar Aba's house, that pay
people's taxes and use them as slaves - do they need a
document of freedom when the servitude ends?
(k) Answer (Rava): && If I would have died, there would be no
one to tell you - Rav Sheshes said, the king says, one
who does not pay his own tax is a slave to the one that
pays for him (therefore, a document is needed).
(l) R. Chiya Bar Aba went to Gavla. He saw Bnos Yisrael that
became pregnant from Nochrim that were circumcised but
did not immerse; he saw Jews drinking wine mixed by
Nochrim; and he saw Jews eating lupines cooked by
Nochrim. He did not say anything; he came to R. Yochanan.
1. R. Yochanan: Go announce that their children are
Mamzerim; their wine is forbidden as wine offered to
idolatry; and their lupines are forbidden since they
were cooked by Nochrim, since they are not Bnei
Torah.
i. Their children are Mamzerim - R. Yochanan says,
one is not a convert until he is circumcised
and immerses, so they are still Nochrim; and R.
Yochanan holds, a Nochri or slave that has
relations with a Bas Yisrael, the child is a
Mamzer.
ii. Their wine is as wine offered to idolatry - we
tell a Nazir (one who vowed not to drink wine
for a month) to go far from a vineyard (i.e.
distance yourself so you should not come to
transgress - here too, the Nochrim never
touched the wine).
iii. Their lupines are forbidden since they are not
Bnei Torah - if they were Bnei Torah, they
would be permitted!
iv. Question: But Rav Shmuel Bar R. Yitzchak said
that whatever is (normally) eaten raw, is not
forbidden when cooked by Nochrim - lupines are
not eaten raw!
v. Answer: R. Yochanan holds as the other version
of this teaching.
vi. (Rav Shmuel Bar R. Yitzchak): Whatever does not
come on the table of kings to be eaten with
bread is permitted even if cooked by Nochrim.
vii. Therefore, if they were Bnei Torah, they would
be permitted.
2) THE ESSENTIAL STEPS OF CONVERSION
(a) (Beraisa - R. Eliezer): A convert that was circumcised
but did not immerse - he is a convert, since our fathers
converted this way;
(b) If he immersed but was not circumcised - he is a convert,
since our mothers converted this way;
(c) Chachamim say, each is insufficient by itself, he is not
a convert until he circumcises and immerses.
(d) Question: Why doesn't R. Yehoshua learn from our fathers,
and why doesn't R. Eliezer learn from our mothers?
1. Suggestion: If you will say, because we do not learn
what is possible from what is impossible - but R.
Eliezer does learn thusly!
i. (Beraisa - R. Eliezer): For all generations,
the Pesach sacrifice may not be brought from
Ma'aser money. We learn this from the Pesach
brought in Mitzrayim, which was not brought
from Ma'aser;
ii. R. Akiva: Do we learn what is possible from
what is impossible?
iii. R. Eliezer: Yes! Even though it was impossible,
we learn from it.
46b---------------------------------------46b
(e) Retraction: Rather, all agree that immersion without
circumcision is a proper conversion. They argue by
circumcision without immersion.
1. R. Eliezer learns from our fathers that this
suffices; R. Yehoshua says no, because our fathers
also immersed.
2. Question: How does R. Yehoshua know this?
i. Suggestion: If from "Go to the people, and have
them sanctify today and tomorrow, and wash
their clothes" - if immersion is needed where
washing clothes is not needed (such as a man
Tamei from a seminal emission), all the more so
where clothes must be washed!
ii. Rejection: Perhaps they washed their clothes
just for cleanliness!
3. Answer: "Moshe took the blood and threw it on the
people" - and we know, every throwing of blood
requires immersion first!
(f) Question: How does R. Yehoshua know that the mothers
immersed?
(g) Answer: It is logical - if not, with what did they enter
under the wings of the Divine Presence?!
(h) (R. Chiya Bar Avin): One is not a convert until he
circumcises and immerses.
(i) Objection: This is obvious - they law is as the majority,
the Chachamim that argue on R. Eliezer!
(j) Answer: The Chachamim are also taught as an individual,
R. Yosi.
1. (Beraisa - R. Yehudah): A man says, I circumcised
but did not immerse - we immerse him, and do not
care whether or not his circumcision was for the
sake of conversion;
2. R. Yosi says, we do not immerse him;
3. Therefore, R. Yehudah says, we may immerse a convert
on Shabbos; R. Yosi says we may not.
i. Question: R. Yehudah holds, one act is enough;
obviously, he holds that we may immerse a
convert on Shabbos, if we see that he is
circumcised (since he doesn't really need the
immersion, it is not like fixing him) - why did
he say 'therefore'?
ii. Answer: One might have thought, immersion is
primary, and this is like fixing the person -
rather, the Beraisa teaches that circumcision
is just as primary, so he may immerse.
iii. Question: Since R. Yosi holds that both are
needed, obviously he may not immerse on Shabbos
- this would be fixing him!
iv. Answer: We might have thought, he holds that
circumcision is primary; only when circumcision
was not done in front of us, we do not allow
immersion - but if we saw the circumcision, he
could immerse on Shabbos! The Beraisa teaches,
he requires both.
3) CONDITIONS OF CONVERSION
(a) (Rabah): There was a case by R. Chiya Bar Rebbi, R.
Oshiya Barebi, and R. Oshiya Bar R. Chiya of a convert
that circumcised but did not immerse. They told him, wait
until tomorrow and we will immerse you.
1. We learn 3 laws from this.
i. Conversion requires 3 judges;
ii. One is not a convert until he circumcises and
immerses;
iii. We do not immerse converts at night.
2. Question: Why not say, we also learn that expert
judges are required?
3. Answer: Perhaps it just happened that expert judges
were there.
(b) (R. Chiya Bar Aba): 3 judges are needed for conversion,
since it is called Mishpat (judgment).
(c) (Beraisa - R. Yehudah): A man that claims to be a convert
- one might have thought, we accept him - "With you", we
rather learn that only one established to you is
accepted.
(d) If he brings witnesses with him, he is believed - "When a
convert with live with Yotzai in your land."
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