Yaakov, from the village of Nevurya, issued a ruling in Tyre, that the son of a gentile woman is circumcised on Shabbat. Rabbi Ḥagai heard and he sent to bring him. [Rabbi Ḥagai] said to him: ‘From where did you [derive] your ruling?’ He said to [Rabbi Ḥagai]: ‘From here, as it is written: “They declared their lineage [vayityaldu] after their families” (Numbers 1:18), and it is written: “[He that is eight days old shall be circumcised among you…] he that is born [yelid] in the house and purchased with money [from any foreigner” (Genesis 17:12).’ [Rabbi Ḥagai] said: ‘Let him be flogged forty times.’
He said to [Rabbi Ḥagai]: ‘Shall a person who states a matter from the Torah be flogged?’ [Rabbi Ḥagai] said: ‘You did not issue a correct ruling.’ He said to [Rabbi Ḥagai]: ‘From where [do you derive this]?’ [Rabbi Ḥagai said:] ‘Bend over135Bend over the flogging pole. and listen.’ He [continued and] said to him: ‘If a son of gentiles comes to you and says: ‘I wish to become a Jew,’ provided that he will be circumcised on the day of Shabbat or on the day of Yom Kippur, does one desecrate Shabbat on his behalf or not?
You must say: One does not desecrate, because one desecrates Shabbat and Yom Kippur only on behalf of the son of an Israelite man and an Israelite woman.’ He said to [Rabbi Ḥagai]: ‘From where [is this derived]?’ [Rabbi Ḥagai] said to him: ‘Bend over, [it is derived from the following verse:] “To send away all the wives and those born from them”’ (Ezra 10:3). He said to [Rabbi Ḥagai]: ‘Are you flogging me based on a verse in Writings?’ [Rabbi Ḥagai] said to him: ‘It is as it is written: “And let it be done in accordance with the Torah”’ (Ezra 10:3).
He said to [Rabbi Ḥagai]: ‘From what [source in the] Torah?’ [Rabbi Ḥagai said:] ‘It is as it says: “You shall not marry them” (Deuteronomy 7:3). Why? “For they will cause your child to turn away” (Deuteronomy 7:4) – a son who emerges from an Israelite woman is called your son, but a son who emerges from a gentile woman or from a maidservant is not called your son, but rather, her son.’ He said to him:136Yaakov of Nevurya said this to Rabbi Ḥagai.
Alternatively, Rabbi Ḥagai said this to the individual whose job it was to administer the flogging. ‘Flog your floggings, as it is good for internalization.’ Solomon said: On all these I stood and examined, but the portion of the red heifer I analyzed. When I was toiling in it and expounding and investigating it: “I said: I will become wise, but it is far from me” (Ecclesiastes 7:23).