Yevamos - Daf 46
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- An eved being sold who precedes and immerses himself for the sake of becoming a free man
Rav Chama bar Gurya said in the name of Rav: הלוקח עבד מן העובד כוכבים וקדם וטבל לשם בן חורין – If one buys an eved from an idolater, and before he immerses the eved for the sake of conversion to the status of an eved, the eved precedes and immerses himself for the sake of conversion to the status of a free man, קנה עצמו בן חורין – the eved acquires himself and becomes a free man. What is the reason? עובד כוכבים גופא לא קני ליה – The idolater who sold the eved did not own his person, but merely owned the rights to his labor, which is similar to holding a lien on him, מאי דקני ליה הוא דמקני ליה לישראל – Now, only that which he owned he sold to the Jew, וכיון דקדם וטבל לשם בן חורין אפקעיה לשעבודיה – and since the eved preceded and immersed himself for the sake of conversion to the status of a free man, he nullified the lien.
- Machlokes if both milah and tevilah are required for conversion
It was taught in a Baraisa: גר שמל ולא טבל – If a ger circumcised himself but did not immerse himself in a mikveh, Rebbe Eliezer says: He is a ger, שכן מצינו באבותינו שמלו ולא טבלו – for we find with our forefathers who left Mitzrayim, that they circumcised themselves but did not immerse themselves. טבל ולא מל – If a ger immersed himself but did not circumcise himself, Rebbe Yehoshua says that he is a ger, שכן מצינו באמהות שטבלו ולא מלו – for we find with the mothers, referring to those who left Mitzrayim, that they immersed themselves and did not circumcise themselves, but the Chochomim say that אין גר עד שימול ויטבול – one is not a ger until he both circumcises himself and immerses himself. The Gemara determines that in fact Rebbe Eliezer and Rebbe Yehoshua agree that immersion is enough for conversion. They disagree if there was only milah. Rebbe Eliezer learns it from our fathers who left Mitzrayim, whereas Rebbe Yehoshua learns that the men also did immersion. His source is from the passuk, "ויקח משה את הדם ויזרק על העם" – And Moshe took the blood and threw it on the people, וגמירי דאין הזאה בלא טבילה – and there is a tradition that there is no such thing as haza’ah without tevilah. Rebbe Yehoshua learns the women did immersion based on the logic that if they did not immerse, במה נכנסו תחת כנפי השכינה – with what did they enter under the wings of the Shechinah?
- Three things learned about conversion
Rabbah said that there was an incident at the home of Rebbe Chiya Beribi, where a ger came before him, and as Rav Safra taught it, two other Rabbanon were present as well, who had circumcised himself before a Beis Din but had not immersed himself, and Rebbe Chiya Beribi told him to stay overnight and then immerse himself. We can learn three things from here: 1. גר צריך שלשה - A ger needs to have his conversion done before three men. 2. אינו גר עד שימול ויטבול – one is not a ger until he does milah and tevilah. 3. אין מטבילין גר בלילה – We do not immerse a ger at night. Rebbe Chiya bar Abba said in the name of Rebbe Yochanan: We learn that a ger needs to convert in the presence of three men, from the passuk where "משפט" – judgment, is written regarding him. Rashi explains that the passuk states: "משפט אחד יהיה לכם ולגר – One judgment shall be for you and for the convert, ואין משפט פחות מג' – and judgment is never done with less than three judges.
