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1) AN AGENT TO ENGAGE A WOMAN

(a) (R. Yochanan): Reuven made an agent to engage an unspecified woman; the agent died. Reuven is forbidden to marry any woman.

1. We assume that an agent fulfills his mission; since Reuven did not specify, we do not know whom he engaged (if Reuven wants to marry a girl Leah, we must be concerned that he is already married to a relative of Leah).

(b) Question (Reish Lakish - Mishnah): A Ken (pair of sanctified birds, one of which will be offered as a sin-offering, the other as a burnt-offering) was unspecified (which bird for which offering). One of the birds flew away, or died, or became mixed with sin-offerings which cannot be offered and must all die - another bird is taken to complete the Ken;

1. Had the birds been specified, the remaining bird could not be offered.

(c) (Summation of question): We are not concerned about other Kinim (that one of the birds is the bird which flew away, and cannot be used for a different sacrifice) - similarly, we should not be concerned that the woman the agent engaged is Leah's relative!
(d) Answer (R. Yochanan): Because a woman has a fixed residence, it is treated as an even doubt, so we are stringent; birds are not fixed, so we go after the majority.

1. Suggestion: Perhaps the agent engaged a woman in the market, where she is not fixed, and we go after the majority!
2. Answer: She will return to her fixed residence, but this does not apply to birds.

(e) (Rava): R. Yochanan admits that Reuven may marry Leah if Leah has no unmarried daughter, granddaughter, mother, grandmother or sister.

1. Even if one of these was married when Reuven appointed the agent, and was subsequently divorced, Leah is permitted to Reuven.

(f) Question: Why?
(g) Answer: When a man makes an agent, he charges him to do something that can be done at that time.
(h) (Mishnah): Reuven said 'I am a Nazir, and it is upon me to bring sacrifices of a Nazir'; Shimon heard this, and said 'I also, and it is upon me to bring sacrifices of a Nazir' - if they are clever, each brings the sacrifices of the other; if not, each must bring the sacrifices of another Nazir.

1. We understand, Shimon fulfills his vow by bringing Reuven's sacrifices - Reuven was already a Nazir when Shimon vowed!

(i) Question: According to Rava - why can Reuven bring Shimon's sacrifices - Shimon was not a Nazir when Reuven vowed!

1. We must say, Reuven intended to bring sacrifices of a Nazir', even if the person was not a Nazir at the time of the vow.
2. We should also say, the agent was charged to engage a woman - even if she was only divorced later!

(j) Answer: A person can only appoint an agent to do something he could do now.
(k) Question (Beraisa - R. Oshiya): Reuven tells the overseer of his house 'Annul any vows my wife makes until I return from my trip.' The overseer's annulment does not work - "Her husband (may) confirm her vows, her husband (may) annul her vows";
(l) R. Yonasan says, we always find that a man's agent is considered as the man himself.

1. If not for the verse, R. Oshiya would agree that the overseer can annul the vows, even though the husband could not do this now!

i. (Beraisa): Reuven tells his wife, 'I now confirm any vows you make from now until I return' - this does not take effect; 'The vows should be annulled' - R. Eliezer says, they are annulled; Chachamim say, they are not annulled.
ii. We are assuming that R. Oshiya holds as Chachamim. Even though the husband could not annul the vows now, his agent could do so, if not for the verse!

(m) Answer: R. Oshiya holds as R. Eliezer, that the husband could annul the vows now.
(n) Question: If so, why does he appoint an agent - let him annul the vows himself!
(o) Answer: He is afraid that he will not annul them, out of forgetfulness, anger or distraction.

(a) (Mishnah - R. Meir): Reuven said, 'It is upon me to bring the sacrifices of a half-Nazir'; Shimon heard this and said, 'Also I, it is upon me to bring the sacrifices of a half-Nazir' - each must bring sacrifices of a full Nazir;
(b) Chachamim say, each brings the sacrifices of a half-Nazir.
(c) (Gemara - Rava): All admit, if he said 'Half the sacrifices of a Nazir are incumbent upon me to bring', he brings half the sacrifices of Nazir';

1. All agree, if he said 'The sacrifices of a half-Nazir are upon me to bring', he must bring all the sacrifices of a Nazir';

i. This is because we do not find half-Nezirus.

2. They argue in the case of the Mishnah, when he said 'It is upon me to bring the sacrifices of a half-Nazir';

i. R. Meir says, once he said 'It is upon me', he must bring all the sacrifices of a Nazir'; after this he cannot retract.
ii. Chachamim say, his vow to bring all the sacrifices is accompanied by an opening to say that he never meant this.

(a) (Mishnah): 'I will be a Nazir when I have a son' - if a son is born to him, he is a Nazir; if a girl, Tumtum or Androginus is born, he is not a Nazir;
(b) 'I will be a Nazir when I have a child - even if a girl, Tumtum or Androginus is born, he is a Nazir;