Limud Torah

with Rav Chaim

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AVADIM OF BNAI KETURA

Originally, the Minchas Chinuch says that Bnai Ketura are exempt from giving Mila to their Avadim. They cannot be compared to Jews that actually owns the actual body of the Eved. In Gitten 38a it states that Goyim do not have the same ownership on Avadim as Jews. Though they're entitled to all work that the Eved produces, they don't own the actual body of the Eved. Since the body is not theirs, they don't need to make Mila on it.
But it's not that simple.
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BNAI KETURA


 
The Gemara in Sanhedrin says that Bnai Keturah are obligated in Mila. Rashi says that it's only referring to the actual sons of Avraham and not for future generations. However, the Rambam says that it applies for all the generations. He concludes that now the Bnai Ketura are mixed up with the Bnai Yishmael, therefore they're all obligated to have a Mila because of the Safeik, but they don't get killed if they refuse, since it's only a Safeik.
 
The Shagas Arye asks, why are they obligated since the majority are exempt?
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HALF EVED HALF FREE SON


 
If a half Eved that had a son, whether he's considered his son from his free side to be obligated to give him a Mila would depend on whether his free side could make a Kiddushin, as we already went through by P'ru Ur'vu.
 
(In Gittin 43a the Gemara poses the question: could a half and half person make Kiddushin for his free half or do we look at the whole person and he's not someone who's able to make Kiddushin. Tosfos there says that if his children are Miyuches to him depends if he can make Kiddushin. If he can make the Kiddushin, then his kids are Miyuches to that part that can make the Kiddushin. But if we view him as a whole as not a complete person to make Kiddushin, then he's not a complete person that his kids could be Miyuches to him either.)
 
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