CAN ONE BE CONVERTED AGAINST HIS WILL?
(Rava): R. Shimon ben Elazar learns from "Kol Eved Ish (any slave of a man... you will circumcise him)".
Question: Surely this applies also to the slave of a woman!
Answer: Rather, you may circumcise Eved Ish (a male slave) against his will, but not Ben Ish (a Nochri) against his will.
(Ula): Chachamim say that just like you cannot circumcise a Nochri against his will, you cannot circumcise a slave against his will.
Question: What do they learn from "Kol Eved Ish"?
Answer: They learn Shmuel's law:
(Shmuel): If one made his slave Hefker (ownerless), the slave goes free, and does not need a Get Shichrur (document of freedom).
"Kol Eved Ish" - one is a slave only if he has a master.
Question (Rav Papa): Chachamim said only their law regarding a Yefas To'ar, since she is not yet commanded in Mitzvos. A slave is already commanded in Mitzvos, so they would agree that one may circumcise him against his will!
(Beraisa): The law of a convert is like the law of a slave bought from a Nochri: he must accept the Mitzvos.
Inference: A slave bought from a Yisrael need not accept the Mitzvos!
Suggestion: Perhaps the Beraisa is like R. Shimon ben Elazar.
Rejection: He says that even a slave bought from a Nochri need not accept the Mitzvos!
Rather, it is Chachamim. This shows that they say that a slave bought from a Nochri must accept, but not a slave bought from a Yisrael.
Question: The Beraisa (47b) equated a convert to a freed slave (he need not accept)!
Answer (and Answer #2 to Question 4:f, 47b): No, they are the same regarding Tevilah.
AN ESHES YEFAS TO'AR
(Beraisa - R. Eliezer): "She will shave her head and do her nails" - she cuts her nails;
R. Akiva says, she lets them grow long.
The Torah commands about her head and nails. R. Eliezer says, just like she removes (her hair) from her head, she removes her nails;
R. Akiva says, just like she does something to her head to make herself repulsive, also regarding her nails.
Support (for R. Eliezer): "Mefivoshes... did not do his legs nor his mustache" - 'doing' refers to removing (the toenails or hair)!
(Beraisa - R. Eliezer): "She will cry over her father and mother" - this is literally true;
R. Akiva says, this refers to idolatry - "they say to (an idol of) wood 'you are my father.'"
"A month of days" - this is 30 days;
R. Shimon ben Elazar says, it is 90 days. "Month" is 30 days, "days" are 30, "after this" is another 30.
Question (Ravina): We should say that "month" is 30, "days" are 30, "after this" is another 60 (corresponding to what was mentioned above)!
This is left difficult.
A SLAVE WHO REFUSES TO BE CIRCUMCISED
(Beraisa - R. Yishmael): One may keep slaves who refuse to be circumcised;
R. Akiva says, we may not.
R. Yishmael: It says, "The son of your slave will rest!" (This will be explained.)
R. Akiva: That refers to one who bought a slave Bein ha'Shemashos (when Shabbos was entering) and did not have time to circumcise him.
Question: All agree that the verse discusses an Arel (uncircumcised) slave. How do they know this?
Answer (Beraisa): "The son of your slave will rest" refers to an Arel slave. (Tosfos - he may not do Melachah on Shabbos for the sake of a Yisrael.)
Suggestion: Perhaps it refers to a circumcised slave!
Rejection: "In order that your male and female slave will rest like yourself" teaches about circumcised slaves. We must say that the other verse discusses an Arel slave.
"And the Ger" refers to a Ger Toshav (a Nochri who keeps his seven Mitzvos; he may live among us in Eretz Yisrael).
Suggestion: Perhaps it refers to a convert!
Rejection: "The Ger in your gates" refers to a convert, so the other verse must refer to a Ger Toshav.
(R. Yehoshua ben Levi): If one bought 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.
Rabanan: This is unlike R. Akiva, who forbids keeping him!
Rav Papa: It can be even like R. Akiva. R. Akiva forbids keeping a slave without Pasak (he never agreed to be circumcised. Alternatively, he did not stipulate to sell him if he will not circumcise within a year). If he agreed (and later retracted), R. Akiva could agree that we wait 12 months.
Question (Rav Zvid): If so, why did R. Akiva say that the verse discusses a slave bought Bein ha'Shemashos? He should have said that it discusses a case of Pasak!
Answer: He gave one of two possible answers.
(Ravin): One may keep an Arel slave only if he bought him on condition not to circumcise him.
Rabanan: This is unlike R. Akiva, who forbids keeping him!
Rav Papa: It may be even like R. Akiva. R. Akiva forbids when there was no stipulation not to circumcise him. If he stipulated, it is permitted.
Question (Rav Zvid): If so, why did R. Akiva said that the verse discusses a slave bought Bein ha'Shemashos? He should have said that it discusses a slave bought without intent to circumcise him!
Counter-question: How will you explain why he didn't say that it discusses a case of Pasak?
Answer to both questions: You must also say that R. Akiva gave one of two or three possible answers.
(Rav Chanina bar Papi, R. Ami, and R. Yitzchak Nafcha): There was a city in Eretz Yisrael whose slaves did not want to be circumcised. They kept them for 12 months, then sold them to Nochrim.
This is like the following Tana:
(Beraisa): If one bought a slave from a Nochri and he did not agree to be circumcised, one keeps him for 12 months. If he is still Arel, he is sold to a Nochri;
R. Shimon ben Elazar says, in Eretz Yisrael we do not let him stay so long lest he spoil Taharos;
In a city on the border he may not be kept even a short time, lest he hear something and tell his Nochri friend.
WHY CONVERTS SUFFER
(Beraisa - R. Chananyah): Nowadays converts suffer because they did not keep the Mitzvos of Bnei No'ach before converting;
R. Yosi says, a convert is like a newborn (he is not punished for what he did before)! Rather, converts suffer because they are not meticulous in the Mitzvos like Yisraelim are;
Aba Chanan says, it is because they serve out of fear, and not out of love;
Others say, it is because they delayed coming under Kanfei ha'Shechinah.
(R. Avahu): Others learn from "Hash-m will pay your actions, and your wages will be full from Hash-m (because you (Rus) did not delay to convert)".