Limud Torah

with Rav Chaim

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EVED AND HIS SON

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The Rosh says in Bava Kama that Avadim are exempt from doing Mila on their sons. Since the Torah compares his obligations to a woman's, just like a woman is exempt, so is an Eved. This that he doesn't give the reason because that Avadim are not considered Meyuchis to their children, that he must hold that they're considered his sons. (We already discussed this concepts in P'ru Ur'vu)
  The Mishna L'Melech holds (which we also brought in P'ru Ur'vu) that said that Avadim are only compared to women regarding the exemption of Mitzvas Asei SheHazman Grama. But where women were exempt from an exclusion from a Pasuk, then Eved are obligated unless the Pasuk excludes them too.
 
So here by Milah, according to Tosfos that hold women are exempt from doing Milah on they're son because it's a Mitzva Asei SheHazman Grama (and the exclusion was only according to R' Elazar b Shimon, who we don't Paskin like) so too Avadim are exempt. But to the Ritva that everyone needs the women to be excluded, since it's not a Mitzva on her but on her son, then an Eved, which doesn't have a special exclusion for him, would be obligated to do Milah for his son.
 
According to the Rambam, that holds that Avadim are not considered sons to their fathers, then it's Pashut that the father is exempt, since they're not Halachically his sons.
 

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