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YEVAMOS 48

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SUMMARY

R. Shimon Ben Elazar says that Milah could be done for a servant by force and the Chachamim argue.
 
Shmuel says that if a person relinquishes his servant the servant goes free and no Get Shichrur is required.
 
The Rabanan hold that a servant that is bought from a non-Jew must accept the Mitzvos but not a servant that is bought from a Yisrael. (1)
 
R. Eliezer holds that the fingernails of a Yefas To’ar must be cut. R. Akiva holds that they must be allowed to grow. (2)
 
R. Eliezer holds that the Yefas To’ar cries for her parents while R. Akiva holds that she cries for the Avodah Zarah.
 
The Tana Kama holds that the Yefas To’ar cries for thirty days while R. Shimon Ben Elazar holds that she cries for ninety days.
 
R. Yishmael holds that it is permitted to keep an uncircumcised servant and R. Akiva argues.
 
If a person buys a servant from a non-Jew and the servant refuses to circumcise we give the servant 12 months to change his mind. (3)
 
If a person buys a servant from a non-Jew on the condition that he will not circumcise him is allowed to keep the servant. (4)
 
R. Chanina Ben Gamliel says that Geirim are afflicted in this world as punishment for not keeping the seven Mitzvos Benei Noach prior to becoming Geirim. (5)

A BIT MORE

1. The Rabanan hold that a servant who has already been seen keeping the Mitzvos that are relevant to a servant does not need to accept the remaining Mitzvos at the time he goes to freedom. Therefore a servant that is bought from a Yisrael who has already been keeping some of the Mitzvos does not need to accept the Mitzvos when he is freed.
 
2. R. Eliezer learns out from a Gezeirah Shavah that just as her hair must be cut so too her fingernails must be cut. R. Akiva learns out from the Gezeirah Shavah that just like her hair must look bad so too her fingernails should look bad.
 
3. If after 12 months he still refuses we sell the servant back to a non-Jew. Even R. Akiva, who holds that we cannot keep an uncircumcised servant even for a moment, agrees that we can keep him for 12 months if at first he agreed to circumcise and than he changed his mind.
 
4. Even R. Akiva, who holds that we cannot keep an uncircumcised servant even for a moment agrees that we can keep him if he made a condition at the time of the purchase that he will not circumcise him.
 
5. R. Yosi argues because a Ger has the status of a newborn child and is not responsible for what he did before becoming a Ger. Therefore R. Yosi says a different reason that they are afflicted. It is because they do not keep the Mitzvos properly. Aba Chanan says in the name of R. Elazar that they are punished because they do not keep Mitzvos out of love for Hashem rather they keep them out of fear. R. Elazar says it is because they delayed before becoming Geirim.

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