Babylonian Talmud: Tractate Yebamoth

Folio 48a

he is permitted to marry her forthwith.¹

Raba said: What is R. Simeon b. Eleazar's reason?²  — Because it is written, Every man's slave that is bought for money;³  [could it mean] the slave of a man and not the slave of a woman?⁴  But [this is the implication]: The slave⁵  of a man may be forcibly circumcised but no son of a man⁶  may be forcibly circumcised. And the Rabbis?⁷  — 'Ulla replied: As you, admittedly, may not by force circumcise the son of a man⁸  so you may not forcibly circumcise the slave of a man. But, surely, there is the Scriptural text, Every man's slave!⁹  — That text is required for a deduction made by Samuel. For Samuel stated: If a man declared his slave to be ownerless that slave acquires thereby his freedom and requires no deed of emancipation; for it is stated in Scripture. Every man's slave that is bought for money,³  [could it mean] the slave of a man and not the slave of a woman?¹⁰  But [the meaning is that] a slave who is under his master's control is a proper¹¹  slave but he who is not under his master's control is not a proper¹¹  slave.¹²

R. Papa demurred: It might be suggested that the Rabbis were heard¹³  in respect of a woman of goodly form¹⁴  only,¹⁵  because she¹⁶  is under no obligation to observe the commandments; but that in respect of a slave,¹⁷  who is under the obligation of observing commandments, even the Rabbis agree!¹⁸  For it was indeed taught. 'Both a proselyte and a slave bought from an idolater must make¹⁹  a declaration of acceptance'.²⁰  Thus it follows²¹  that a slave bought from an Israelite need not make a declaration of acceptance.²⁰  Now, whose view is this? If that of R. Simeon b. Eleazar, he, surely, had stated that even a slave bought from an idolater need make no declaration of acceptance!²²  Consequently it must be the view of the Rabbis; and so it may be inferred that only a slave bought from an idolater is required to make a declaration of acceptance²⁰  but a slave bought from an Israelite is not required to make a declaration of acceptance.²³  But then the contradiction from the statement 'The same law applies to a proselyte and to an emancipated slave'²⁴  remains! — That²⁵  was taught only with reference to the ablution.²⁶

Our Rabbis taught: And she shall shave her head, and do²⁷  her nails,²⁸  R. Eliezer said, 'She shall cut them'.²⁹  R. Akiba said, 'She shall let them grow'. R. Eliezer said:³⁰  An act³¹  was mentioned in respect of the head, and an act was mentioned in respect of the nails;³²  as the former signifies removal, so does the latter also signify removal. R. Akiba said:³⁰  An act³¹  was mentioned in respect of the head and an act was mentioned in respect of the nails;³²  as disfigurement is the purpose of the former so is disfigurement the purpose of the latter. The following, however, supports the view of R. Eliezer: And Mephibosheth the son of Saul came down to meet the king, and he had neither dressed his feet, nor had he done³³  'his beard;³⁴  by 'doing'³⁵  removal was meant.

Our Rabbis taught: And bewail her father aid her mother;³⁶

1. Thus it has boon shown that while the first Tanna requires the slave's acceptance of the obligation of Judaism, R. Simeon maintains that acceptance is not required, the ablution for the purpose of the emancipation is alone sufficient, even though its performance had been forced upon the slave.
2. That compulsion is permitted. Cf. p. 324, n. 10.
3. Ex. XII. 44.
4. Is not a woman's slave subject to the same laws!
5. The emphasis in man's slave is not on 'man' but on slave.
6. The sun of an idolater who is not a slave, or the sun of a proselyte if he is of age.
7. How could they oppose R. Simeon b. Eleazar's view which has Scriptural support!
8. V.supra n. 6 since there is no Biblical authority for such force.
9. From which forcible circumcision has been deduced supra.
10. Is not a woman's slave subject to the same laws!
11. Lit., 'called'.
12. V. Git. 38a.
13. To forbid forcible conversion to Judaism.
14. V. Deut. XXI, 11.
15. The text from Deut. XXI, 23. cited supra deals with such a woman.
16. Prior to conversion.
17. Who has been with an Israelite for some time and has in consequence become subject to the commandments that are incumbent upon such a slave.
18. That no acceptance is needed, and that the slave may be forced into observance of the commandments.
19. At the time of his ablution as proselyte or slave respectively.
20. Of the observance of the commandments.
21. Since 'slave' is qualified by the condition of 'bought from an idolater'.
22. He can be forced into the observance of the commandments.
23. Having previously served an Israelite he has oven without any declaration on his part become subject to the laws of Judaism. (Cf. supra p. 315, n. 16). This confirms R. Papa's contention that the Rabbis' view had reference only to the woman spoken of in Deut. XXI, 11ff, but not to the slave of an Israelite.
24. Supra 47b.
25. The comparison between the proselyte and the slave. Lit., when that was taught'.
26. Both require ablution on their admission as a proselyte and as a slave of an Israelite respectively. In respect of acceptance of the laws of Judaism, however, they come under different categories. While the former's initiation is not complete without his formal acceptance of the laws of Judaism, that of the latter (v. supra p. 323. n. 16) requires no acceptance at all on his part, the ablution alone being sufficient.
27. [H]. E.V. 'pare'.
28. Deut. XXI, 22.
29. Her nails.
30. In explanation of his view.
31. She shall shave, ibid.
32. And do, v. supra note 8.
33. [H] E.V. 'trimmed'.
34. II Sam, XIX, 25.
35. [H]. V. supra n. 1.
36. Deut. XXI, 13.

R. Eliezer said: 'Her father' means her actual father; 'Her mother', her actual mother. R. Akiba said: 'Her father and her mother' refer to idolatry; for so Scripture says, Who say to a stock;¹  'Thou art my father', etc.²  A full month, 'month' means thirty days. R. Simeon b. Eleazar said: Ninety days. For 'month' means thirty days; 'full',³  thirty days; 'and after that' thirty days. Rabina demurred: Might it not be suggested that 'month' means thirty days; 'full', thirty days; 'and after that' as many again!⁴  — This is a difficulty.

Our Rabbis taught: Uncircumcised slaves may be retained; this is the opinion of R. Ishmael. R. Akiba said: They may not be retained.⁵  Said R. Ishmael to him: Behold it is written, And the son of thy handmaid may be refreshed!⁶  'This text', the other replied. speaks of a slave that has been bought at twilight,⁷  when there was not time enough to circumcise him.⁸

All at any rate agree that And the son of thy handmaid may be refreshed⁶  was written in respect of an uncircumcised slave; whence may this be inferred? — From what has been taught: And the son of thy handmaid may be refreshed,⁶  Scripture speaks of an uncircumcised slave. You say. 'Of an uncircumcised slave'; perhaps it is not so⁹  but of a circumcised slave? Since it has been stated 'That thy man-servant and thy maid-servant may rest as well as thou,¹⁰  the circumcised slave has already been spoken of; to what then is one to apply 'And the son of thy handmaid may be refreshed?'¹¹  Obviously to an uncircumcised slave. And the stranger¹²  refers to a domiciled proselyte.¹³  You say. 'It refers to a domiciled proselyte'; perhaps it is not so,¹⁴  but to a true proselyte?¹⁵  Since it was stated, No' thy strange' that is with its thy gates,¹⁰  the true proselyte has already been mentioned; to what then is one to apply, and the stranger?¹²  Obviously, to the domiciled proselyte.

R. Joshua b. Levi said: If a man bought a slave from an idolater, and the slave refused to be circumcised, he may bear with him for twelve months. [If by that time he had] not been circumcised, he must re-sell him to idolaters.

The following was said by the Rabbis in the presence of R. Papa: In accordance with whose view?¹⁶  Obviously not in accordance with that of R. Akiba, since he¹⁷  stated [that uncircumcised slaves] may not be retained.¹⁸  R. Papa answered them: It may be said to be the view even of R. Akiba; for this¹⁹  applies when no definite consent has ever been given;²⁰  but where definite consent²¹  had once been given,²²  his original decision is taken into consideration.²³

R. Kahana stated: I mentioned this reported discussion in the presence of R. Zebid of Nehardea and he said to me: If so, instead of R. Akiba replying²⁴  that '[the text speaks] of a slave that has been bought at twilight'. he should rather have given this reply!²⁵  — He gave him one of the two available solutions.

Rabin sent a message in the name of R. Il'ai, [adding]. 'All my masters have so reported in his name': Who is an uncircumcised slave that may be retained? He who was bought by his master with the intention of not having him circumcised.

The Rabbis argued the following in the presence of R. Papa; In accordance with whose view?²⁶  Obviously not in accordance with that of R. Akiba, since he²⁷  stated that [uncircumcised slaves] may not be retained! R. Papa answered: It may be said to be the view even of R. Akiba, for this²⁸  applies where he had made no stipulation with him,²⁹  but where a stipulation²⁹  was made, that stipulation must be taken into consideration.³⁰

R. Kahana said: When I mentioned the reported discussion in the presence of R. Zebid of Nehardea, he said to me: If so, instead of R. Akiba having recourse to the answer³¹  [that 'the text speaks] of a slave who has been bought at twilight when there was not time enough to circumcise him' he should rather have given this reply!³²

But even if your argument is admitted he should rather have given that reply!³³  But [the fact is], he mentioned one of two or three solutions.

R. Hanina b. Papi. R. Ammi, and R. Isaac Nappaha once sat in the ante-chamber³⁴  of R. Isaac Nappaha, and while there, they related: There was a certain town in the Land of Israel where slaves refused to be circumcised, and after bearing with them for twelve months they re-sold them to idolaters. In accordance with whose view? — In accordance with that of the following Tanna. For it was taught: If one bought a slave from an idolater, and the slave refused to be circumcised, he bears with him for twelve months. [If by that time] he has not been circumcised, he re-sells him to idolaters. R. Simeon b. Eleazar said: In the Land of Israel he must not be kept owing to [possible] damage to levitically clean foodstuffs,³⁵  and in a town which is near the frontier³⁶  he must not he kept at all, since he might overhear some secret and proceed to report it to a fellow idolater.³⁷

It was taught: R. Hanania son of R. Simeon b. Gamaliel said: Why are proselytes at the present time oppressed and visited with afflictions? Because they had not observed the seven Noahide³⁸  commandments.³⁹

R. Jose said: One who has become a proselyte is like a child newly born.⁴⁰  Why then are proselytes oppressed? — Because they are not so well acquainted with the details of the commandments as the Israelites.⁴¹

Abba Hanan said in the name of R. Eleazar: Because they do not do it⁴²  out of love⁴³  but out of fear.⁴⁴  Others said: Because they delayed their entry under the wings of the Shechinah. Said R. Abbahu, or it might be said R. Hanina: What is the Scriptural proof?⁴⁵  — The Lord recompense thy work, and be thy reward complete from the Lord, the God of Israel, under whose etc. thou art cone to take refuge.⁴⁶

1. The idol.
2. Jer. II, 27.
3. [H] lit., 'days'.
4. Lit., 'like these', i.e., equal to the sum of these two numbers, sixty: the meaning of the text being: And after another one like that, i.e., after the completion of another period equal in duration to the former (a total of a hundred and twenty days) thou mayest go in unto her etc. (Deut. XXI, 23).
5. Even for one day.
6. Ex. XXIII, 12. This text, as will be explained infra, deals with an uncircumcised slave.
7. On the Sabbath Eve.
8. Circumcision in such a case being forbidden on the Sabbath. Only a circumcision which takes place on the eighth day of a child's birth, [H] may be performed on the Sabbath. Since circumcision of the slave could not be performed until after the Sabbath, Scripture indicated by the injunction And the son of thy handmaid may be refreshed that oven on the first Sabbath on which he is still uncircumcised he must observe the Sabbath rest.
9. Lit., 'or it is not'.
10. Deut. V, 14.
11. V. p. 317, n. 10.
12. Ex. XXIII, 12, [H].
13. Or, resident alien. [H], a non Israelite domiciled in Palestine who renounces idolatry and observes also the other six of the seven Noahide commandments (V. Sanh. 56a). Opp. to [H] infra. Working on the Sabbath while in the employ of an Israelite (v. Tosaf. s.v. [H] a.l.) is regarded as idolatry (Rashi a.l.); hence it is forbidden even to the domiciled proselyte.
14. Lit., 'or it is not'.
15. [H] 'the proselyte of righteousness' who accepts all the obligations of an Israelite.
16. Was R. Joshua b. Levi's statement made,
17. Lit., 'for if R. Akiba, surely'.
18. Even for one day.
19. R. Akiba's ruling that an uncircumcised slave may not be kept at all.
20. By the slave. He never agreed to the circumcision and to the adoption of the obligations of an Israelite slave.
21. Cf.supra n. 22.
22. Lit., 'the thing was not definitely decided'. If at the time he was bought he consented, though he subsequently retracted,
23. Lit., it was definitely decided'. Once he has consented he may be kept for twelve months in the expectation that he will consent again. (Cf. Rashi and Tosaf. s.v. [H] and [H] a.l. for other interpretations).
24. To R. Ishmael's objection supra.
25. That the text speaks of a slave who has once consented. (V. p. 328, n. 23).
26. Was the ruling in the name of R. Il'ai made.
27. Lit., 'for if R. Akiba surely'.
28. V. supra p. 318, n. 20.
29. That he would not circumcise him.
30. Lit., 'surely he had made a stipulation.'
31. To R. Ishmael's objection supra.
32. That the text refers to a slave with whom his master had stipulated not to circumcise him.
33. The first answer of R. Papa. V. supra note 2.
34. [H] 'curtained enclosure' (Jast.). 'door' (Golds.).
35. E.g., terumah which would be defied by the touch of the idolater who is always deemed to be levitically unclean.
36. Of the Land of Israel.
37. Across the frontier.
38. V. Sanh. 56a.
39. While they wore still idolaters. Though they have now embraced Judaism they have yet to atone by their sufferings for their sins of the past.
40. All his previous sins are forgiven.
41. And cannot properly observe them.
42. The performance of the commandments.
43. Of the faith and the commandments.
44. Of divine punishment.
45. For the opinion advanced by the 'Others'.
46. Ruth II, 22. 'Thou art come' before 'to take refuge' implies haste. Ruth was given credit for the haste she made in entering under the divine wings. Delay in such action is culpable.