REVACH L'DAF
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SUMMARY
Rebbi Shimon ben Elazar: Milah may be done to a servant against his will. Chachamim: It may not be done to him against his will.
Shmuel says that if a person relinquishes his servant, the servant goes free and no Get Shichrur is required.
The Rabanan maintain that a servant bought from a Nochri must accept the Mitzvos, but not a servant bought from a Yisrael. (1)
Rebbi Eliezer: The fingernails of a Yefas To'ar must be cut. Rebbi Akiva: They must be allowed to grow. (2)
Rebbi Eliezer: The Yefas To'ar cries for her parents. Rebbi Akiva: She cries for the Avodah Zarah.
Tana Kama: The Yefas To'ar cries for 30 days. Rebbi Shimon ben Elazar: She cries for 90 days.
Rebbi Yishmael: It is permitted to keep an uncircumcised servant. Rebbi Akiva: It is prohibited.
If a person buys a servant from a Nochri and the servant refuses to be circumcised, we give the servant twelve months to change his mind. (3)
If a person buys a servant from a Nochri on condition that he will not circumcise him, he is allowed to keep the servant. (4)
Rebbi Chanina ben Gamliel says that Gerim are afflicted in this world as punishment for not keeping the seven Mitzvos Bnei Noach prior to becoming Gerim. (5)
A BIT MORE
1. The Rabanan maintain that a servant who has already been seen keeping the Mitzvos applicable to a servant does not need to accept the remaining Mitzvos at the time he goes to freedom. Therefore, a servant bought from a Yisrael who has already been keeping some of the Mitzvos does not need to accept the Mitzvos when he is freed.
2. Rebbi Eliezer: A Gezeirah Shavah teaches that just as her hair must be cut, so must her fingernails. Rebbi Akiva: The Gezeirah Shavah teaches that just as her hair must look bad, so must her fingernails look bad.
3. If, after twelve months, he still refuses, we sell the servant back to a Nochri. Even Rebbi Akiva, who maintains that one may not keep an uncircumcised servant even for a moment, agrees that one may keep him for twelve months if at first he agreed to circumcise and then he changed his mind.
4. Even Rebbi Akiva, who maintains that one may not keep an uncircumcised servant even for a moment, agrees that one may keep him if he made a condition at the time of the purchase that he will not circumcise him.
5. Rebbi Yosi: This is not the reason why a Ger is afflicted, because a Ger has the status of a newborn child and is not responsible for what he did before becoming a Ger. Rather, a Ger is afflicted in this world because he does not keep the Mitzvos properly. Aba Chanan in the name of Rebbi Elazar: Gerim are punished because they do not keep Mitzvos out of love for Hashem, but rather out of fear. Rebbi Elazar: They are afflicted because they delayed before becoming Gerim.
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BRIEF INSIGHT
SEVEN MITZVOS OF BNEI NOACH
Rashi says that a Ger Toshav is a Nochri who accepted upon himself not to serve Avodah Zarah. The verse that says, "v'Yinafash Ben Amasechah veha'Ger," is a commandment to the Ger Toshav not to be Mechalel Shabbos, because Chilul Shabbos is tantamount to serving Avodah Zarah. Tosfos asks that observing Shabbos is not one of the seven Mitzvos Bnei Noach, and the Gemara says elsewhere that a Nochri who observes the Halachos of Shabbos even during the week is Chayav Misah. The Rosh answers that the Ger Toshav to which the verse refers is one who works for a Jew. Although he may do work for himself on Shabbos, he is not allowed to do work for the Jew (such as to cook or light candles).
QUICK HALACHAH
BUYING A SERVANT FROM A NOCHRI
If a servant is bought from a Nochri, we ask him if he wants to be included among the servants of the Jew and be regarded as one of the Kosher servants. If he agrees, we instruct him regarding the principle tenets of Judaism and some of the less stringent and more stringent Mitzvos, and the punishments and rewards of the Mitzvos, in the same way that we instruct a Ger. We immerse him in the Mikvah and tell him these things while he is in the water. The servant, not the master, recites a blessing on the immersion. (Shulchan Aruch YD 267:3)
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