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YEVAMOS 46

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SUMMARY

A Nochri does not own the body of a servant. Therefore, if a Jew buys the servant and the servant immediately immerses himself for the purpose of going free, it is a valid immersion. (1)
 
If the servant of a Nochri immerses himself, he goes free, but once the owner becomes a Ger the servant must specify that he is immersing himself for the purpose of going free.
 
A Jew owns the body of his Nochri servant but a Nochri does not own the body of his servant.
 
When a Nochri servant is being immersed by his Jewish master, the Jewish master should give him work while immersing him. (2)
 
If a servant is acquired by virtue of paying the owner's tax to the king, a Get Shichrur is necessary to free the servant.
 
A food that is eaten raw, or that is not fit to be served at a royal banquet, is permitted even when cooked by a Nochri.
 
Rebbi Eliezer: Milah without Tevilah is sufficient for Gerus. (3)
 
Rebbi Yehoshua: Tevilah without Milah is sufficient for Gerus. (4)
 
Money of Ma'aser Sheni may not be used to buy a Korban Pesach. (5)
 
Rebbi Yehoshua: The people who left Mitzrayim performed Tevilah when they received the Torah and became Gerim. (6)
 
Rebbi Yehudah: A Ger requires either Milah or Tevilah. Therefore, a Ger who already had Milah may do the Tevilah on Shabbos. (7)
 
Gerus must be done during the day and in front of three men.

A BIT MORE

1. Rava says that sanctifying something for the Mizbe'ach, the prohibition of Chametz on Pesach, and freeing a slave are effective in exempting a security. Therefore, even though the servant is owned by the Yisrael, once he immerses himself for the purpose of going free he is no longer regarded as the property of the Yisrael.
 
2. Otherwise, if the servant says that he is immersing himself for his freedom, the immersion will be regarded as a Gerus and he will go free and be regarded as a Ger.
 
3. Rebbi Eliezer derives this from the generation that left Mitzrayim. The people became Gerim with Milah but without Tevilah.
 
4. Rebbi Yehoshua derives this from the wives of the generation who left Mitzrayim, who became Gerim with Tevilah but without Milah.
 
5. The Korban Pesach of all generations (excluding that of the Pesach of Mitzrayim) is derived through a Gezeirah Shavah from the Pesach of Mitzrayim. Just as the Pesach of Mitzrayim was not bought from money of Ma'aser Sheni (because it did not exist at the time), the Pesach brought in all generations may not be bought from money of Ma'aser Sheni.
 
6. The verse says that Moshe Rabeinu sprinkled blood on Bnei Yisrael, and we have a tradition that sprinkling is always accompanied by Tevilah.
 
7. Since Milah alone is sufficient, the Tevilah is not what makes him into a Ger, and thus it is permitted to do the Tevilah on Shabbos and it is not regarded as a Tikun.

BRIEF INSIGHT

DINA D'MALCHUSA DINA
 
The Gemara says that if a servant is acquired by virtue of paying the servant's tax to the king, a Get Shichrur is necessary to free the servant. Rashi says that the servants were Nochrim. However, the Nimukei Yosef says that they were Jewish, but since the king took them as servants, the precept of Dina d'Malchusa Dina applies and it is permitted for the buyer to work them as Jewish servants. They are not merely regarded as workers who are working to pay off a debt, but rather as servants, and one is permitted to treat them as such. Therefore, one may make them work more than the amount that would be needed to pay off the tax, and a Get Shichrur is required to free them. Even though the concept of a Jewish servant does not apply nowadays, that is only regarding certain laws of a Jewish servant. The law that the master owns the servant and that a Get Shichrur is required to free him applies even nowadays.

QUICK HALACHAH

BUYING A SERVANT FROM A NOCHRI
 
If one buys a servant from a Nochri, he does not acquire the body of the servant until he immerses the servant for the purpose of servitude. Therefore, if the servant immerses himself for the purpose of freedom, he goes free. However, the servant must compensate the owner for the money he paid for him. If another person immerses the servant for the purpose of freedom, he must compensate the owner if he knew that he owned the servant. However, if he only advised the servant to immerse without actually doing the immersion, he is not liable for payment.

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