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Nazir, 59

1) HALACHAH: WOMEN CARRYING WEAPONS

QUESTION: The Gemara quotes Rebbi Eliezer ben Yakov who prohibits a woman from carrying "a weapon to war" because of the Isur of "Lo Yilbash" (Devarim 22:5). This is also the way the Targum translates the verse (i.e. as referring to carrying a weapon). According to RASHI in Shoftim, this prohibition was the reason why Yael killed Sisra with a tent-peg, rather than with a sword or arrow. Does this mean that a woman may not carry a weapon for self-defense?

ANSWER: The reason the verse prohibits a woman from carrying a weapon is because it is "the way of men." This apparently is a reference to the principle of "Ish Darcho l'Chvosh, v'Ein Ishah Darcho l'Chvosh" -- it is the manner of a man to conquer, and not the manner of a woman to conquer (Yevamos 65b). The Isur, then, is for a woman to carry a weapon in the manner of a man, such as going out to war with the army. If she is carrying a weapon not for the sake of conquering but in order to protect herself, then it should not be included in the prohibition.

For this reason, RAV MOSHE FEINSTEIN (Igros Moshe OC 4:75:3) permits a woman to carry a weapon for self-defense in an area or time when attacks are common. However, he writes that during a time of tranquility and peace, a woman may not carry a weapon.

59b

QUESTION: The Mishnah discusses what a Safek Nazir Tamei should do in order to complete his Nezirus and become permitted to drink wine. Rebbi Yehoshua says that he should find another person who is willing to accept upon himself Nezirus, with the condition that if the first Nazir is Tamei, then he will be a Nazir starting right now, and if the first Nazir is Tahor, then he will be a Nazir starting thirty days from now (so that no matter what, there will be a Nazir Tahor, who can offer Korbanos of a Nazir Tahor, when thirty days have passed).

Ben Zoma says that the Safek Nazir Tamei can solve the problem by himself. He brings two sets of Korbanos, one set at the end of thirty days and one at the end of sixty days. First, at the end of thirty days he brings a Chatas ha'Of (in case he is a Nazir Tamei) and an Olas Behemah with a Tenai (that is, he stipulates that if he is a Nazir Tamei, the Olah should be a Nedavah, and if he is a Nazir Tahor, it should be his Olas Nazir Tahor). He then observes Nezirus for another thirty days, at the end of which he brings the Chatas and Shelamim of a Nazir Tahor, and an Olas Behemah with a Tenai (stipulating that if the first Olas Behemah was his Olas Nazir Tahor, then this is a Nedavah, and if, during the first thirty days, he was a Nazir Tamei and his Olah was a Nedavah, then this Olah is his Olas Nazir Tahor).

Rebbi Yehoshua objects and says that according to Ben Zoma the Nazir will be bringing his Korbanos in parts ("l'Chatza'in"), half now and half later. The Gemara asks what is wrong with bringing half of the Korbanos now and half later? Rav Yehudah in the name of Shmuel says that Rebbi Yehoshua said this only to sharpen the minds of his Talmidim.

Rav Nachman then makes an unclear statement. "What would Rebbi Yehoshua do for the intestines (Dakei) that they should not spoil?" What does Rav Nachman mean by this statement?

ANSWERS:

(a) TOSFOS explains that according to Rebbi Yehoshua -- who says that the Safek Nazir Tamei must bring the Korbanos Nazir Tamei and the Korbanos Nazir Tahor together with a second Nazir -- both Nezirim will have to shave their hair after slaughtering the Korban Shelamim of the Korban Nazir Tahor (which is brought at the end of thirty days, and also at the end of sixty days), since a Nazir is not permitted to shave before slaughtering the Korban. On the other hand, they cannot offer upon the Mizbe'ach the fats of the Shelamim until after both Nezirim perform Tenufah with the fats together with the Chazeh and Shok, and with the cooked Zero'a (foreleg). The Zero'a is cooked in a pot beneath which the hair of the Nazir is burned, and therefore Tenufah can only be done after both Nezirim have cut their hair and thrown it under the pot. The extra time needed for the haircut of the second Nazir delays the offering of the fats, which might cause them to spoil. This is what Rav Nachman is asking Rebbi Yehoshua: "if the Safek Nazir Tamei must find someone else to become a Nazir in order to bring the Korbanos, then that will cause the fats to spoil before they are offered; what will you do to prevent the fats from spoiling?"

TOSFOS, however, asks that the same problem should exist even in the case (Mishnah, 57a) where there are two Nezirim and it is known that one of them is Tamei but we do not know which one. In that case, however, everyone agrees that the two Nezirim bring Korbanos together, and there was no concern for the fats spoiling. Why, then, according to Rav Nachman, does Ben Zoma argue only here?

Tosfos answers that in the earlier case, it is "impossible" for the Nezirim to complete their Nezirus in any other way.

What does Tosfos mean by this? Why is it impossible? Each one, individually, could bring the Korbanos that Ben Zoma prescribes in our Mishnah!

The answer is that Rav Nachman does not mean that it is *prohibited* to bring the Korbanos in partnership because doing so causes the fats to spoil. Rather, he means that it is *preferable* not to put oneself into a situation which will cause the fats to spoil. Therefore, when he is a single Safek Nazir Tamei he should not look for a partner with whom to bring the Korbanos in partnership. If he already has a partner, though, and he will save money by bringing Korbanos together with his partner, then he does not have to separate from the partner and bring two sets of Korbanos by himself.

(b) TOSFOS cites another opinion which explains Rav Nachman's statement to be referring to the Korban *Olah*. Tosfos asks, though, why should the Olah pose any problem according to Rebbi Yehoshua?

The source for this explanation, that Rav Nachman is asking Rebbi Yehoshua about the Korban Olah, is the ARUCH (Erech "Dak"). The Aruch explains in detail exactly what Rav Nachman means (see also the MEFARESH). The Aruch explains that Rav Nachman is asking Rebbi Yehoshua that if he really argues with Ben Zoma and says that one should not bring a Korban Olah out of doubt at the end of the Safek Nezirus Teme'ah (thirty days before he brings the rest of the Korbanos for Nezirus Taharah), then what will the person do if he does not succeed in finding anyone to join him to bring the Korbanos Nezirus in partnership? He will have no choice but to bring the Olah a second time, like Ben Zoma mentions, and thus how will he possibly keep the Chelev (fats) of the Olah from spoiling over the next thirty days so that he can offer it with the rest of the Korbanos Taharah? (Rebbi Yehoshua -- who says that a set of Korbanos cannot be offered "l'Chatza'in" -- would require the Chelev of the Olah to be brought with the other Korbanos Nezirus Taharah.)

(c) The SHITAH MEKUBETZES in the name of RABEINU AZRIEL has the Girsa "l'Rokei" ("his saliva) instead of "l'Dakei." Rav Nachman is simply agreeing to what the Gemara says earlier, that Rebbi Yehoshua only said his objection to Ben Zoma in order to sharpen the minds of the Talmidim. Rav Nachman is just saying this in different words; he is saying that Rebbi Yehoshua said his objection in order to keep his mouth busy so that "his saliva would not spoil." (For other approaches, see RASHASH and OR SAME'ACH, Hilchos Temidim u'Musafim 9:5, and CHIDUSHEI OR SAME'ACH on the Gemara here.)