A Yissachar / Zebulun Partnership in Loving Memory of Yishak ben Simcha A"H & Felicia bat Miriam A"H
Rabbi Eli Mansour

Daf Yomi

Yevamot 48A - 48B (12th Cycle Daf Yomi Shiur)

Lectured by Rabbi Eli Mansour

Published
March 1, 2006
Duration
49:39

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The Eddy B Sit Edition and audio series of the Talmud Bavli, Gemara Yevamos, Masechet Yevamos has been dedicated and sponsored by our dear friend Mr. Isaac Jamal and his wife in honor of his family and for success and prosperity in all their endeavors. May he merit to raise his children in the ways of the Torah, may they bring him much nachat, and may he be blessed with many more children, all in health and happiness, with grace and favor in the eyes of Hashem and mankind, and may he have blessings in all aspects of life, Amen.

As we study Masechet Yevamos, it is important to note that many of the cases require diagrams. We have chosen the Sefer Tziyurim l'Masechet Yevamos, written by Aharon Shlomo ben Rabbi Baruch Moshe Hafner, as our reference for these diagrams. When we refer to pages, we will be using this text. Today’s page, Daf Mem-Chet, is being studied for the elevation of the soul of Avraham ben Esther, may the Ruach Hashem rest upon him in the Garden of Eden, Amen.

We begin today’s daf on Mem-Chet Amud Rishon, starting at the top line with the words Amar Rava. Yesterday, we learned a significant machloket between Rabbi Shimon ben Elazar and the Rabbanan. This disagreement concerned the status of an Eved Kena'ani. The process of acquiring an Eved Kena'ani involves purchasing the servant, who is a Yehudi, and immersing him in a mikveh. At that point, the eved has a partial obligation of mitzvot and is considered partially Jewish. However, after the eved gains his freedom, the master must immerse him again in the mikveh, at which point he becomes a full-fledged Yehudi, meaning he is obligated to observe all mitzvot.

The machloket arises regarding whether the eved must willingly accept upon himself all mitzvot at the time of this second immersion, or if he can be immersed against his will. Rabbi Shimon ben Elazar maintains that the eved can be forced to enter the mikveh, and he does not need to formally accept the mitzvot. In contrast, the Rabbanan argue that the eved must accept the mitzvot willingly.

To substantiate this machloket, Amar Rava asks, “What is the reasoning of Rabbi Shimon ben Elazar that states an eved does not need to accept the mitzvot willingly?” The Gemara explains that it is derived from a verse regarding the Korban Pesach: “Every male servant purchased for money must be circumcised; then he may eat it.” This indicates that an Eved Kena'ani must undergo circumcision to partake in the Korban Pesach, which can be performed even against his will. Thus, the Gemara deduces that the term “male servant” refers specifically to an eved owned by a man, implying that only such a servant requires circumcision.

The Gemara continues to explore the implications of this verse, questioning why it would not apply to a female-owned eved. The conclusion is that the verse emphasizes that an eved owned by a man can be circumcised against his will, while a regular convert must willingly accept conversion. This distinction illustrates the difference in the status and treatment of an Eved Kena'ani compared to a regular convert.

As we delve deeper into the Gemara, we find that the Rabbanan argue that just as a regular convert must willingly accept the mitzvot, so too must the eved when he is immersed a second time. The Rabbanan assert that this requirement stems from the understanding that a regular convert must actively choose to accept the mitzvot upon immersion, highlighting the necessity of intention in the conversion process.

In contrast, Rabbi Shimon ben Elazar draws upon the precedent established in the laws surrounding the Yefat To'ar, the captive woman who must also immerse in the mikveh for conversion. While Rabbi Shimon ben Elazar argues that she can be immersed against her will, the Rabbanan insist that her acceptance of the mitzvot must be voluntary, drawing a parallel to the Eved Kena'ani.

As we consider the implications of these discussions, we must appreciate that the distinctions made by the Rabbanan and Rabbi Shimon ben Elazar are not merely academic. They reflect profound understandings of the nature of obligation, autonomy, and the spiritual journey of both the eved and the convert. Each perspective offers valuable insights into the complexities of Jewish law and the responsibilities that come with acceptance of the mitzvot.

In conclusion, the Gemara's exploration of the machloket regarding the Eved Kena'ani serves as a reminder of the importance of intention in our observance of the mitzvot. Whether one is a servant or a convert, the journey towards full acceptance of the Torah is one that requires both understanding and willingness. As we continue our study, may we all strive to engage with the mitzvot with intention and devotion, drawing closer to Hashem in our actions and in our hearts. Baruch Hashem, Amen.