Yevamos - Daf 48
- The source for converting a yaphes toar and adult slave against their will
The Gemara on the bottom of Daf 47b brought a machlokes regarding a yaphes toar, whether the procedure of waiting thirty-days, with the various practices such as growing her nails and cutting her hair, can be circumvented by forcing her to convert. The Rabbanon hold it can only be circumvented if she is mekabel upon herself mitzvos, whereas Rebbe Shimon ben Elazar says: אף על פי שלא קבלה עליה – Even if she does not accept upon herself mitzvos willingly, the procedure can be circumvented. כופה ומטבילה לשם שפחות וחוזר ומטבילה לשם שחרור ומשחררה – He forces her to immerse for the sake of entering slavery, which can be done against one’s will, and he immerses her again for the sake of emancipation, and then he emancipates her. On this Daf, Rava brings the source for Rebbe Shimon ben Elazar, for it is written regarding the korban Pesach, "וכל עבד איש מקנת כסף" – And every eved of a man, who was purchased with money, you shall circumcise him; then he, referring to the master, may eat of it. The term עבד איש is clearly not coming to exclude a slave of a woman. Rather it is coming to teach, עבד איש אתה מל בעל כרחו ואי אתה מל בן איש בעל כרחו –A slave who is a man, you may circumcise against his will, but a son who is a man, referring to a non-Jewish adult son of a convert, you may not circumcise against his will. The Gemara explains how the Rabbanon interpret this passuk.
- Machlokes whether the yaphes toar cuts her nails or grows her nails
It was taught in a Baraisa regarding a yaphes toar: "וגלחה את ראשה ועשתה את צרפניה" – She shall shave her head and “make” her nails. Rebbe Eliezer says this means, תקוץ – she shall cut her nails, but Rebbe Akiva says it means, תגדיל – she shall let them grow. Rebbe Eliezer said נאמרה עשיה בראש ונאמרה עשיה בצפרנים – A making is mentioned regarding her hair and a making is mentioned regarding her nails. מה להלן העברה אף כאן העברה – Just as there regarding the hair it is a form of removal, so too here regarding the nails it refers to removal. But Rebbe Akiva says the comparison teaches, מה להלן ניוול אף כאן ניוול – Just as there, regarding the removal of hair, it makes her look repulsive, so too here, regarding the nails, it makes her look repulsive, which is accomplished by growing them. The Baraisa brings a proof for Rebbe Eliezer, from the passuk which states: "ומפיבשת בן שאול ירד לקראת המלך ולא עשה רגליו ולא עשה שפמו" – And Mephiboshes son of Shaul came down to greet the king, he had not “made” his feet, and he had not “made” his mustache. The “making” here clearly refers to removal.
- Machlokes whether it is permitted to keep an uncircumcised slave
It was taught in a Baraisa: מקיימין עבדים שאינם מלין דברי רבי ישמעאל – One may keep slaves who are not circumcised, these are the words of Rebbe Yishmael, but Rebbe Akiva says, אין מקיימין – one may not keep them. Rebbe Yishmael said to Rebbe Akiva: Behold it says in the passuk regarding resting on Shabbos, "וינפש בן אמתך" – and your maidservant’s son will be refreshed, referring to an uncircumcised slave. This proves that one may keep an uncircumcised slave. Rebbe Akiva responded that the passuk is referring to, בלוקח עבד בין השמשות ולא הספיק למולו – one who purchased the slave bein hashemashos and did not have time to circumcise him before Shabbos. The Gemara explains that they both agree that the passuk is referring to someone who has a slave that was not circumcised, for it was taught in another Baraisa: Since another passuk says, "למען ינוח עבדך ואמתך כמוך" – in order that your slave and maidservant will rest like you, referring to a circumcised slave, the passuk of "וינפש בן אמתך" refers to an uncircumcised slave.
