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Nazir Chart #14

Nazir Daf 61b-62a

THE TEACHINGS OF THE VERSES REGARDING ERCHIN AND NEZIRUS
  (A)
"B'NEI YISRAEL"
(B)
"ISH KI YAFLI"
1) IN PARSHAH OF ERCHIN Excludes Nochri:
-from being Ne'erach
(first opinion)

from being Ma'arich
(second opinion)

(3)
A Nochri child near adulthood may be Ma'arich(1)
(first opinion)

A Nochri adult who does not know to Whom his Neder is being made cannot make a Neder(2)(4)
(second opinion)

2) IN PARSHAH OF NEZIRUS Excludes Nochri Teaches the concept of Heter Nedarim(5)
==========
FOOTNOTES:
==========
(1) The Pasuk teaches that a Nochri child who is near adulthood may make an oath of Erchin, even though a Jewish child who is near adulthood *cannot* make an oath of Erchin, mid'Oraisa (see Tosfos 61b, DH Hanicha).
(2) That is, he cannot make a normal Neder. It goes without saying, though, that he cannot be *Ma'arich* (make an oath of Erchin), because the verse teaches that a Nochri cannot make an oath of Erchin even if he knows to Whom he is making his oath (as in 2:A of the Chart; see Insights).
(3) A verse is not needed to teach that a Nochri may be Ma'arich (or Ne'erach, according to the opinion that holds that a Nochri may be Ne'erach but not Ma'arich). This is because there is a Hekesh comparing Erchin to Nedarim, which teaches that a Nochri may make a Neder or Nedavah like a Yisrael. Hence it is obvious that he may be Ma'arich (or Ne'erach, according to the opinion that excludes a Nochri from being Ma'arich), as long as there is no explicit verse to the contrary (Tosfos 61b, DH Ish, and 62a, DH l'Isuyei).
(4) Even though the Beraisa earlier says that we learn from this verse that a Nochri may be Ne'erach, that is only an "Asmachta"; no verse is necessary to teach this (as mentioned above, footnote #3). The main point of the verse is to exclude a Nochri who does not know to Whom his Neder is being made from making Nedarim, as we have presented in this chart (Tosfos 62a, DH l'Isuyei).
(5) This is the Gemara's conclusion, although the Gemara explains this verse in other ways according to various opinions. According to all of the various explanations, since the verse says the word "Yafli" to teach a Derashah it writes the word "Ish" along with it (Tosfos, end of 62a).


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