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Rosh Kollel: Rabbi Mordecai Kornfeld

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Yevamos 46

YEVAMOS 46-50 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) Question: Why?
(b) Answer: The Nochri did not own the slave himself (just his earnings). The Yisrael cannot acquire more than the Nochri himself owned.
1. Since the slave immersed to become free, this uproots his obligation to work, as Rava's law.
i. (Rava): A lien on an object or person is uprooted if the object or person is made Hekdesh, freed, or is Chametz which because prohibited on Pesach.
(c) Question (Rav Chisda - Beraisa): There was a case with the convert Bluriya, that her slaves immersed before she did; Chachamim ruled, they are free.
1. Had they immersed after her, they would not be free!
(d) Answer: No! By immersing before her, they are free even without specifying their intention. Had they immersed after her, they would only be free if they specified that they were immersing to become free.
(e) (Rav Avya): This only applies when a Yisrael buys from a Nochri; but if one buys the Nochri himself, he acquires him.
1. "Among them you will acquire" - you acquire from them, but they cannot acquire you, nor can they acquire one another.
(f) Question: Regarding what can they not acquire?
1. Suggestion: If regarding earnings - can a Nochri not acquire a Yisrael?!
i. "Or he will be sold to the family of a sojourner" - 'the family of a sojourner' refers to a Nochri!
(g) Answer: Rather, the verse speaks of acquiring the person himself, and it says that a Yisrael can acquire a Nochri.
(h) Question (Rav Acha): Perhaps he only acquires him through money and immersion (to become a slave), but before this, the Nochri may immerse to become free!
1. This is left difficult.
(i) (Shmuel): The slave must be held in the water.
1. Rav Ashi wanted to immerse his slave Minyamin. He handed him over to Ravina and Rav Acha - 'Be careful, I will hold you responsible if he immerses to convert.'
2. They tied a chain around his neck, loosened it and tightened it.
i. They loosened it, so it should not be a Chatzitzah (blockage which invalidates the immersion).
ii. They tightened it, so he should not be able to say 'I immerse to become a free convert.'
3. As they lifted his head from the water, they put a vessel of mud on his head, and told him to take it to his master.
(j) (Rav Papa): People of Papa Bar Aba's house, that pay people's taxes and use them as slaves - do they need a document of freedom when the servitude ends?
(k) Answer (Rava): && If I would have died, there would be no one to tell you - Rav Sheshes said, the king says, one who does not pay his own tax is a slave to the one that pays for him (therefore, a document is needed).
(l) R. Chiya Bar Aba went to Gavla. He saw Bnos Yisrael that became pregnant from Nochrim that were circumcised but did not immerse; he saw Jews drinking wine mixed by Nochrim; and he saw Jews eating lupines cooked by Nochrim. He did not say anything; he came to R. Yochanan.
1. R. Yochanan: Go announce that their children are Mamzerim; their wine is forbidden as wine offered to idolatry; and their lupines are forbidden since they were cooked by Nochrim, since they are not Bnei Torah.
i. Their children are Mamzerim - R. Yochanan says, one is not a convert until he is circumcised and immerses, so they are still Nochrim; and R. Yochanan holds, a Nochri or slave that has relations with a Bas Yisrael, the child is a Mamzer.
ii. Their wine is as wine offered to idolatry - we tell a Nazir (one who vowed not to drink wine for a month) to go far from a vineyard (i.e. distance yourself so you should not come to transgress - here too, the Nochrim never touched the wine).
iii. Their lupines are forbidden since they are not Bnei Torah - if they were Bnei Torah, they would be permitted!
iv. Question: But Rav Shmuel Bar R. Yitzchak said that whatever is (normally) eaten raw, is not forbidden when cooked by Nochrim - lupines are not eaten raw!
v. Answer: R. Yochanan holds as the other version of this teaching.
vi. (Rav Shmuel Bar R. Yitzchak): Whatever does not come on the table of kings to be eaten with bread is permitted even if cooked by Nochrim.
vii. Therefore, if they were Bnei Torah, they would be permitted.
(a) (Beraisa - R. Eliezer): A convert that was circumcised but did not immerse - he is a convert, since our fathers converted this way;
(b) If he immersed but was not circumcised - he is a convert, since our mothers converted this way;
(c) Chachamim say, each is insufficient by itself, he is not a convert until he circumcises and immerses.
(d) Question: Why doesn't R. Yehoshua learn from our fathers, and why doesn't R. Eliezer learn from our mothers?
1. Suggestion: If you will say, because we do not learn what is possible from what is impossible - but R. Eliezer does learn thusly!
i. (Beraisa - R. Eliezer): For all generations, the Pesach sacrifice may not be brought from Ma'aser money. We learn this from the Pesach brought in Mitzrayim, which was not brought from Ma'aser;
ii. R. Akiva: Do we learn what is possible from what is impossible?
iii. R. Eliezer: Yes! Even though it was impossible, we learn from it.

(e) Retraction: Rather, all agree that immersion without circumcision is a proper conversion. They argue by circumcision without immersion.
1. R. Eliezer learns from our fathers that this suffices; R. Yehoshua says no, because our fathers also immersed.
2. Question: How does R. Yehoshua know this?
i. Suggestion: If from "Go to the people, and have them sanctify today and tomorrow, and wash their clothes" - if immersion is needed where washing clothes is not needed (such as a man Tamei from a seminal emission), all the more so where clothes must be washed!
ii. Rejection: Perhaps they washed their clothes just for cleanliness!
3. Answer: "Moshe took the blood and threw it on the people" - and we know, every throwing of blood requires immersion first!
(f) Question: How does R. Yehoshua know that the mothers immersed?
(g) Answer: It is logical - if not, with what did they enter under the wings of the Divine Presence?!
(h) (R. Chiya Bar Avin): One is not a convert until he circumcises and immerses.
(i) Objection: This is obvious - they law is as the majority, the Chachamim that argue on R. Eliezer!
(j) Answer: The Chachamim are also taught as an individual, R. Yosi.
1. (Beraisa - R. Yehudah): A man says, I circumcised but did not immerse - we immerse him, and do not care whether or not his circumcision was for the sake of conversion;
2. R. Yosi says, we do not immerse him;
3. Therefore, R. Yehudah says, we may immerse a convert on Shabbos; R. Yosi says we may not.
i. Question: R. Yehudah holds, one act is enough; obviously, he holds that we may immerse a convert on Shabbos, if we see that he is circumcised (since he doesn't really need the immersion, it is not like fixing him) - why did he say 'therefore'?
ii. Answer: One might have thought, immersion is primary, and this is like fixing the person - rather, the Beraisa teaches that circumcision is just as primary, so he may immerse.
iii. Question: Since R. Yosi holds that both are needed, obviously he may not immerse on Shabbos - this would be fixing him!
iv. Answer: We might have thought, he holds that circumcision is primary; only when circumcision was not done in front of us, we do not allow immersion - but if we saw the circumcision, he could immerse on Shabbos! The Beraisa teaches, he requires both.
(a) (Rabah): There was a case by R. Chiya Bar Rebbi, R. Oshiya Barebi, and R. Oshiya Bar R. Chiya of a convert that circumcised but did not immerse. They told him, wait until tomorrow and we will immerse you.
1. We learn 3 laws from this.
i. Conversion requires 3 judges;
ii. One is not a convert until he circumcises and immerses;
iii. We do not immerse converts at night.
2. Question: Why not say, we also learn that expert judges are required?
3. Answer: Perhaps it just happened that expert judges were there.
(b) (R. Chiya Bar Aba): 3 judges are needed for conversion, since it is called Mishpat (judgment).
(c) (Beraisa - R. Yehudah): A man that claims to be a convert - one might have thought, we accept him - "With you", we rather learn that only one established to you is accepted.
(d) If he brings witnesses with him, he is believed - "When a convert with live with Yotzai in your land."
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