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Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld


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Nazir 17

NAZIR 17 - Dedicated in memory of Menachem Mendel ben Yitzchak, who had a great love for Torah and Am Yisroel.

1) ACCEPTING NEZIRUS WHILE TAMEI

(a) Answer: The case is, he left and returned (after becoming Tahor).
(b) Question (Beraisa): The only difference between a Tamei person that accepted Nezirus and a Tahor Nazir that became Tamei, is that the former counts the 7th day of becoming Tahor towards the term of Nezirus, but not the latter.
1. If the Nezirus does not take effect (unless he accepts Nezirus again) - why does day 7 count?
(c) Correction (Mar Bar Rav Ashi): All agree that it takes effect; they argue regarding lashes.
1. R. Yochanan holds, since it takes effect, he is lashed (if he transgresses).
2. Reish Lakish holds, even though it takes effect, he is not lashed.
(d) Question (R. Yochanan - Mishnah): Reuven was in a cemetery and accepted Nezirus. Even if he stayed there 30 days, they do not count, and he does not bring the sacrifices of a Nazir that became Tamei.
1. We infer, he does not bring the sacrifices, but he is lashed!
(e) Answer: No. Really, the Mishnah should say, he is not lashed. Since the end of the Mishnah says, 'If he left (and became Tahor) and returned to the cemetery, the days are counted, and he brings the sacrifices of a Tamei Nazir', the beginning of the Mishnah said, he does not bring the sacrifices of a Nazir.
(f) Question (Beraisa): The only difference between a Tamei person that accepted Nezirus and a Tahor Nazir that became Tamei, is that the former counts the 7th day of becoming Tahor towards the term of Nezirus, but not the latter.
1. We infer - there is no difference regarding lashes!
(g) Answer: No - they are the same regarding shaving (when they end the Nezirus and bring sacrifices).
1. Objection: If the latter is lashed, but not the former, the Beraisa should teach this!
2. Answer: The Beraisa only teaches matters of fixing the Nazir, not transgressions.
(h) Question (Beraisa): A Tamei person accepted Nezirus. He is forbidden to shave, drink wine, or become Tamei; if he did any of these, he receives 40 lashes.
1. This refutes Reish Lakish.
2) WHEN IS HE LASHED?
(a) Question (Rava): One that accepted Nezirus while in a cemetery - must he delay there (the time needed to bow) to be lashed?
1. Question: What is the case?
i. Suggestion: He is warned not to accept Nezirus.
ii. Rejection: If so, even if he does not delay, just as a Tahor Nazir that is warned not to become Tamei is lashed, even without delay!
17b---------------------------------------17b

2. Answer: Rather, he entered the cemetery in an enclosed chest (which shields from Tum'ah); someone else uncovered the bottom, making him Tamei.
i. Perhaps the law was received (from Sinai) only that in the Beis ha'Mikdash, a Tamei person is lashed only if he delays, but not outside.
ii. Or, perhaps there is no distinction.
(b) This question is unresolved.
3) WHICH TAMEI NEZIRIM MUST SHAVE?
(a) Question (Rav Ashi): One who accepted Nezirus while in a cemetery - does he need to shave?
1. Perhaps only a Tahor Nazir that becomes Tamei needs to shave.
2. Or, perhaps there is no distinction.
(b) Answer #1 (Mishnah): Reuven was in a cemetery and accepted Nezirus. Even if he stayed there 30 days, they do not count, and he does not bring the sacrifices of a Nazir that became Tamei.
1. We infer, he need not bring the sacrifices, but he must shave.
(c) Rejection: No - rather, the Mishnah says, he does not bring the sacrifices because he does not shave.
(d) Answer #2 (Beraisa): The only difference between a Tamei person that accepted Nezirus and a Tahor Nazir that became Tamei, is that the 7th day (on which he becomes Tahor) counts towards the Nezirus of the former, but not of the latter.
1. Suggestion: They are the same regarding shaving (i.e. both shave).
2. Rejection: No, they are the same regarding lashes.
3. Question: But if you want to say that they are not the same regarding shaving - the Beraisa should teach this!
4. Answer: This follows from what was taught, that the 7th day counts for the former and not for the latter.
(e) Answer #3 (Beraisa): I would only know that days when a man is Tamei (from contact with a corpse) do not count towards Nezirus;
1. Rhetorical question: How do I know, even days when he is an absolute leper?
2. Answer #1: We learn from precedent.
i. Just as a Tamei Nazir must shave and bring a sacrifice, also an absolute leper; likewise, just as the days a Nazir is Tamei do not count, also days of absolute leprosy.
3. Rejection: We cannot learn thusly.
i. Days of a Tamei Nazir do not count, because he nullifies the previous count;
ii. An absolute leper does not nullify the previous count, so his days count!
4. Answer #2: We learn from a Kal va'Chomer.
i. One who accepted Nezirus in a cemetery, his hair is standing to be shaved, yet the days of Tum'ah do not count;
ii. An absolute leper, whose hair is not standing to be shaved, all the more so his days do not count!
iii. Suggestion: The former is standing to shave as a Tamei Nazir. iv. Rejection: No, as a Tahor Nazir (after fulfilling the count).
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