1. 48a - Rashi learns the entire machlokes between rsb"e and chachamim to be whether the tevilla to set him free must be accompanied by kabalas hamitzvos, but the tevillas avdus certainly would not need kabalas hamitzvos (see Rosh end of siman 38). The sources from the pesukim by milah are difficult since they refer to the point on becoming an eved, not becoming free (see karnei r'eim on maharsha for a dochek peshat). However, based on rashi the distinction between yefas to'ar and eved is that by yefas to'ar where you are trying to make her into a jew by going the the steps of becoming an eved and setting her free within a few hours, she must have a kabalas hamitzvos when you set her free (the same would be for a regular eved that you try to do expedite the process would need kabalas hamitzvos). But, generally an eved will become an eved kenani, keep mitzvos like a women in your home for 20 years and then you will set him free. Since he had the training in mitzvos for 20 years (or whatever amount of time) he doesn't need kabalas hamitzvos. I once asked, why does a bar mitzvah boy not need kabalas hamitzvos like a ger? The answer is that he is like the eved who was trained for years in the keeping of mitzvos, so the transition is seamless even without formal kabala.
2. 48b - When the gemara says that converts are punished for not converting sooner, the ya'avetz explains that they can't be punished for not making a decision to convert until now, because they had not chiyuv to convert. Rather they are punished for delaying the process from the time they made their decision to convert (with this he answers tosafos question, that although Ruth may have been old, she didn't delay from the moment she made a decision). This would also explain why the braisa 47b says that when he accepts we do milah immediately not to delay the mitzvah. Perhaps the problem with delay is not from the perspective of beis din, but rather we encourage the process to mover quickly so that he will not be punished for delaying the process.
2 comments:
regarding a child needing kabalah, there is a discussion if a child is mechuyav in 7 mitzvos before bar mitzva since the time to be chayav on the 7 mitzvos is when one understands them, the pashtus is that he aint no ben noach even before bar mitzvah and therefor needs no kabalah after bar mitzva. it aint his choise and all he could do is tell his parents whne he rebels that its not his fault that he was born, its the parents that forced him into the situation.
you are right that the idea of kabala is a futile point for a bar mitzvah boy since he has no choice. my point was really just to show that torah feels that when properly trained it is not necessary to have a kabalas hamitzvos, as we see by eved.
Post a Comment