561. A Servant Who Declines to Be Circumcised

Milah 1:5

If a person bought a maidservant so that he would own her children, or if he bought a maidservant with the intent that he would not immerse her as a servant, even though her son is born in his household, the child is circumcised on the day he is born (rather than on the eighth day). This is because this baby is considered as if he alone was purchased, on the day of his birth. His mother is not counted as a maidservant of the Jewish people so the baby is not considered born into the household (but rather acquired). If his mother immersed as a servant after giving birth, the baby is circumcised on the eighth day.

Milah 1:6

When a person buys a servant from non-Jews and the servant does not agree to be circumcised, we wait twelve months for him to change his mind. It is prohibited to keep him any longer if he remains uncircumcised; he must be sold to non-Jews. If initially, while the servant was still in the domain of his non-Jewish master, he made a condition that he would not be circumcised, he may be kept even though he is uncircumcised so long as he accepts the seven universal (“Noachide”) laws that are binding on all mankind and live as a resident alien (ger toshav). If he refuses to accept these laws, he should be executed. [Editor's note: Clearly, this does not reflect our current practice. We don't even have indentured servants nowadays, let alone execute them.] A ger toshav is only at a time when the Jubilee laws apply.