ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
Previous daf Yevamos 46
YEVAMOS 46-50 - Ari Kornfeld has generously sponsored the Dafyomi
publications for these Dafim for the benefit of Klal Yisrael.
(a) Rav Chama bar Guri'ah Amar Rav says that if someone buys an Eved
Kena'ani from a Nochri and the Eved has in mind to convert as he Tovels, he
goes free - because he only buys from the Nochri a Kinyan Peiros, but not a
Kinyan ha'Guf (since a Nochri cannot acquire a Kinyan ha'Guf in an Eved
Kena'ani - and the purchaser can only acquire what the seller owns, and no
more). That being the case, the Nochri, who owns his Guf, can acquire
himself, if the purchaser lets him (as we shall soon see).
(b) Rava holds that Hekdesh, Chametz and Shichrur remove the Shibud (right
to claim). When he says ...
1. ... Hekdesh - he means that if the owner designated an animal as
collateral for a loan, and then he declares it Hekdesh Mizbei'ach (which is
Kedushas ha'Guf, but not Bedek ha'Bayis), the Hekdesh takes effect, removing
(c) We infer from the story cited by the Beraisa, where B'luria'h the
Giyores' slaves Toveled before she did, and the Chachamim ruled that they
were free - that had *she* Toveled first, they would not have gone free.
2. ... Chametz - he means that if the owner designated Chametz as collateral
for a loan (for a creditor who is a Nochri), and then the sixth hour of Erev
Pesach arrives, he is obligated to burn it (seeing as it does not really
belong to the Nochri).
3. ... Shichrur - he means that if he makes his Eved collateral for a loan,
and then sets him free, he goes free, depriving the creditor of the right to
(d) Rava explains that the Beraisa speaks in a case of S'tam (where the
Avadim did not say anything), and that is where they would not have gone
free had she Toveled first - whereas Rav Chama bar Guri'ah Amar Rav speaks
when the Eved said specifically that he was Toveling for Geirus (in which
case the Tevilah is effective even if the owner is a Jew).
(a) Rav Ivya learns from the Pasuk in Behar "ve'Gam mi'B'nei ha'Toshavim
ha'Garim Imachem *Meihem Tiknu* Eved ve'Amah" - that, on the one hand, a Jew
can buy a Nochri as an Eved (and acquire him with a Kinyan ha'Guf).
Consequently, the Eved cannot, during the Tevilas Avdus, override his
master's intentions, by having in mind to Tovel for Geirus; on the other
hand, a Nochri cannot buy a Jew, nor can he buy another Nochri, to acquire
him with a Kinyan ha'Guf. That explains why, when one buys an Eved from a
Nochri, he does not acquire his Guf (and that is why his intention to Tovel
for Geirus overrides the intentions of his master to Tovel him as an Eved).
(b) And from the Pasuk "O le'Eiker Mishpachas Ger" - we learn that a Nochri
can acquire a Jew.
(c) But only with a Kinyan Peiros (for his work), explains Rav Ivya, so as
not to clash with the previous Derashah ('O Heim Mikem').
(d) Rav Acha asks on Rav Ivya - that who is to say that, when the Torah
permits a Jew to acquire a Nochri, it does not mean specifically by means of
money and Tevilah, and that, should he Tovel for Geirus, he will go free?
(a) Shmuel says that when Toveling an Eved - one must hold him down in the
water, meaning that one must do something that demonstrates one's ownership
over him as he is Toveling, to prevent him from saying that he Toveled for
(b) When Rav Ashi handed Menimin his slave to Ravina and Rav Acha B'rei
de'Rava to Tovel on his behalf - he told them that, should Menimin free
himself in the process of the Tevilah, he would hold them responsible.
(c) During the Tevilah, they tied a rope around his neck, which they
tightened and loosened. They needed ...
1. ... to tighten the rope - to prevent him from coming up (without their
consent) and proclaiming himself free.
(d) As Menimin's head emerged from the water - they placed a vessel with
cement on it (as a sign that he was a slave) and instructed him to carry it
to Rav Ashi's house.
2. ... to loosen it - because otherwise, the rope would be a Chatzitzah.
(a) When certain members of Papa bar Aba's household found Nochrim who had
not paid their head-tax - they would pay on their behalf, and then force
them to work for them.
(b) Rav Papa asked Rava - whether, when they finally let them go, they
needed to give them a Get Shichrur.
(c) In his answer, Rava quoted Rev Sheishes - who said that the king kept
records of the names of all those people who had not payed their taxes; and
that he had announced that they would be slaves to whoever payed on their
behalf. Consequently, concluded Rava, they were indeed their slaves, and
required a Get Shichrur before they could go free.
(a) Rebbi Chiya bar Aba arrived in Gavla. He was silent when he saw that
some of the women were pregnant from Geirim who had circumcised but not
Toveled; that they used wine that had been poured out by Nochrim and that
they ate Turmus-beans that had been cooked by Nochrim. Rebbi Chiya bar Aba
1. ... that their children were not Mamzeirim - because a Ger requires Milah
but not Tevilah.
(b) Rebbi Yochanan instructed him to go back and tell the people of Gavla
2. ... that their wine was not Yayin Nesech - because the Nochrim had not
actually touched it.
1. ... their children were Mamzeirim - because, in his opinion, a Ger
requires both Milah and Tevilah.
(c) Despite the fact that Turmus-beans are inedible when they are raw, he
forbade them only because they were not B'nei-Torah, and not intrinsically -
because Turmus-beans is not a food that one tends to serve at a royal table
to eat with bread (like the second opinion of Rav Shmuel bar Rav Yitzchak
2. ... that their wine was Yayin Nesech - because wine that has been shaken
by a Nochri is also considered Yayin Nesech (because of the principle 'Lech
Lech Amrin le'Nezira S'chor S'chor'), even though it was not actually
touched by them.
3. ... that their Turmus-beans were forbidden - because they were not B'nei
Torah, and would abuse this leniency to permit Bishul Akum (even though
strictly speaking, the beans were permitted).
(a) The basis of the contention of ...
1. ... Rebbi Eliezer, that a Ger requires Milah but not Tevilah - is the
fact that Yisrael (who 'converted' at Har Sinai) had performed Milah before
leaving Egypt, but there is no mention of their having Toveled.
(b) According to the Rabbanan - a Ger requires both Milah and Tevilah.
2. ... Rebbi Yehoshua, that a Ger requires Tevilah and not Milah - is the
fact that the women there converted too, and they can only have performed
Tevilah but not Milah.
(c) We ask why Rebbi Eliezer does not want to learn from the Imahos (that
Tevilah alone will suffice by a Ger). It is not possible to answer that
Rebbi Eliezer declines to learn what *is* possible from what is *not* -
because he explicitly says otherwise, when he learns that Pesach Doros must
come from Chulin money (and not from money of Ma'aser-Sheini) from Pesach
Mitzrayim (which can only have come from Chulin - even though that was only
because it was not possible, because there *was* no Ma'aser Sheini at that
(a) We therefore conclude that Rebbi Eliezer agrees with Rebbi Yehoshua,
that Tevilah alone will suffice for Geirus - and their Machlokes concerns
Milah without Tevilah: Rebbi Eliezer permits Geirus without Tevilah; Rebbi
Yehoshua forbids it.
(b) According to Rebbi Yehoshua there is no proof from the Avos who left
Egypt, that Milah without Tevilah is sufficient for Geirus - because, in his
opinion, Yisrael at Har Sinai did in fact, Tovel.
(c) Initially, we present Rebbi Yehoshua's source as being the Pasuk in
Yisro "Lech el ha'Am ve'Kidashtam ha'Yom u'Machar, ve'Chibsu Simlosam" -
implying that there must have been Tevilah, because if Tevilah is required
even when Kibus Begadim is *not* required (such as a Ba'al Keri), then how
much more so when it *is*.
(d) We refute this proof however - by suggestiong that the Kibus Begadim was
merely for the purpose of cleanliness (so that they should wear nice clean
clothes for Kabalas ha'Torah), and not because of Tum'ah.
(a) We prove conclusively (according to Rebbi Yehoshua) that there must have
been Tevilah, from the Pasuk in Mishpatim "va'Yikach Moshe es ha'Dam
va'Yizrok al ha'Am" - because this refers to Haza'ah, and we have a
tradition (one with which Rebbi Eliezer apparently does not concur) that
there is no Haza'ah without Tevilah.
Rebbi Chiya bar Aba Amar Rebbi Yochanan rules that a Ger requires Milah and
Tevilah. This is not obvious (in spite of the principle 'Yachid ve'Rabim,
Halachah ke'Rabim') - because the Chachamim here is really the opinion of
Rebbi Yossi in a Beraisa (as we shall now see).
(b) Rebbi Yehoshua knows that the Imahos Toveled before Matan Torah -
because otherwise, how did they become B'nos Yisrael?
(a) When Rebbi Yehudah says in a Beraisa ...
1. ... that someone who claims that he made Milah (for Geirus) but not
Tevilah, 'Matbilin Oso u'Mah be'Kach' - he means that one may as well
perform Tevilah and convert him, and who cares if his Milah was not done
properly? because he holds that Tevilah alone will suffice for Geirus.
(b) Rebbi Yossi, commenting on Rebbi Yehudah's first ruling, says 'Ein
Matbilin' - because, in his opinion, a Ger requires both Milah and Tevilah
(and he is the Chachamim that we quoted above).
2. ... 'Lefichach, Matbilin Ger be'Shabbos' - that he may go ahead and Tovel
on Shabbos (even if he already made Milah previously) - because although in
his opinion, a Ger does not require both Milah and Tevilah, we may have
thought that Rebbi Yehudah requires specifically Tevilah, in which case it
would be forbidden to Tovel on Shabbos. Therefore, he needs to inform us
that he permits either Milah or Tevilah.
(c) And when he says 'Ein Matbilin (Ger be'Shabbos) - he is informing us
that after Milah, one still requires Tevilah (which completes the Geirus
process, and is therefore forbidden on Shabbos), because we might otherwise
have thought that even though Tevilah alone will not suffice, Milah will (in
which case, there would be nothing wrong with performing Tevilah on
(a) According to Rav Safra, Rebbi Chiya bar Rebbi, Rebbi Oshaya b'Rivi and
Rebbi Oshaya b'Rebbi Chiya were all present when a Ger who had had Milah but
not Tevilah appeared before them one night. They instructed him - to wait
until the following day when they would Tovel him.
(b) Besides the fact that Tevilas Ger cannot be performed by night - we
learn from this episode - that it requires three people, and that Geirus
requires Milah and Tevilah.
(c) We cannot also learn from from here that Geirus requires expert
Dayanim - because it may have been only by chance that those three Dayanim
happened to be there at the time.
(d) Rebbi Yochanan learns that Geirus requires three - from the fact that
the Torah writes "Mishpat" next to Geirus (in Parshas Sh'lach Lecha), and
Mishpat automatically implies three.