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Prepared by Rabbi P. Feldman of Kollel Iyun Hadaf, Yerushalayim Rosh Kollel: Rabbi Mordecai Kornfeld
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Nazir 32
1) ONE WHO TRANSGRESSED HIS VOW
(a) (Gemara) Question: Our Mishnah is not as R. Yosi, nor as
Chachamim!
1. (Beraisa): One who vowed and transgressed his vow -
we do not annul his vow (Rashi; Tosfos - we do not
allow him to bring sacrifices for completing his
Nezirus) until he keeps the prohibition(s) for as
many days as he transgressed;
2. R. Yosi says, it suffices to keep the prohibition(s)
for 30 days.
i. {Version #1 - our text, according to Rashi: The
Mishnah cannot be as Chachamim - Chachamim say
he must keep extra days when he accepted a
short Nezirus (this also applies by a long
Nezirus)!
ii. The Mishnah cannot be as R. Yosi - he says that
it suffices to keep 30 days, even if he
accepted a long Nezirus (and the Mishnah says,
he must complete the full term he accepted)!
(b) Answer #1: The Mishnah can be as R. Yosi - it speaks only
of a short Nezirus.}
i. {Version #2 - according to Tosfos: The Mishnah
cannot be as Chachamim - Chachamim say he must
keep extra days when he accepted a long Nezirus
(the same applies by a short Nezirus)!
ii. The Mishnah cannot be as R. Yosi - he says that
he must keep 30 days, even if he accepted a
short Nezirus (and the Mishnah says, he need
not keep extra days)!
(c) Answer #1: The Mishnah can be as R. Yosi - it speaks only
of a long Nezirus.}
(d) Answer #2: The Mishnah can be as Chachamim - do not read,
he counts Nezirus from the day he accepted - rather, he
counts (extra) days as from the day he accepted (and
transgressed).
2) MISTAKEN HEKDESH
(a) (Mishnah): If a Chacham declared his Nezirus to be void
...
(b) (R. Yirmiyah): From Beis Shamai, we can learn what Beis
Hillel would say in a similar situation.
1. Beis Shamai say that mistaken Hekdesh is Hekdesh -
but if it turns out that he was never a Nazir, an
animal (designated for sacrifices he brings when he
shaves) may graze with the flock (it has no
Kedushah);
2. Also Beis Hillel, who agree that mistaken Temurah
becomes Hekdesh - this only applies when the 1st
animal really was Hekdesh;
i. If the Kedushah of the 1st animal is uprooted,
also the Temurah becomes Chulin.
(c) (Mishnah): Don't you admit, if he called the 9th animal
'10th' ...
(d) (Rav Nachman): (The 9th and 11th animals become Kodesh)
only if he called them '10th' by mistake, not if he knew
that they are not the 10th;
(e) (Rav Chisda and Rabah bar Rav Huna): They are Kodesh if
he erred, all the more so if he knew that they are not
the 10th!
(f) Question (Rava to Rav Nachman): Beis Shamai challenged
Beis Hillel from the fact that the 9th and 11th get
Kedushah by mistake - according to you, Beis Hillel
should have answered, this law is different, since it
does not work if he knowingly calls them '10th'!
(g) Answer (Rav Simi bar Ashi): This would not be a good
answer - if Ma'aser of animals works (imparts Kedushah to
the 9th and 11th) by mistake, even though it does not
work with intention - all the more so, standard Hekdesh
works by mistake (since it works with intention)!
(h) Rejection: This Kal v'Chomer is wrong - standard Hekdesh
depends on the intention of the owner of the animal (but
Ma'aser only depends on being the 10th)!
(i) (Mishnah): One who accepted Nezirus, and found that the
animal he intended to bring when he shaves was stolen -
if it was stolen after his vow, he is a Nazir; if it was
stolen before he vowed, he is not a Nazir;
32b---------------------------------------32b
(j) Nachum the Mede erred in this law when Nezirim ascended
from exile and heard that the 2nd Temple had been
destroyed.
1. Nachum: Had you known that the Temple would be
destroyed would you have vowed?
2. They said 'No'; he annulled their Neziriyos.
3. Chachamim: Anyone who vowed before the destruction
is a Nazir; after the destruction, he is not a
Nazir.
(k) (Gemara - Rava): Chachamim overwhelmed R. Eliezer with
proofs, and persuaded him to agree with them (that we do
not annul vows on the based on Nolad (subsequent
unexpected events)).
1. (Mishnah - R. Eliezer): We suggest to people to
annul their vows based on Nolad; Chachamim say, we
do not, but we do suggest this with conditional
Nolad.
i. We say, 'When you vowed, had a person told you
that the Temple was destroyed (Tosfos - might
be destroyed before you complete your Nezirus),
would you have vowed?'
(l) (Rav Yosef): Had I been there at the time, I would have
rebuked the Nezirim for not anticipating the destruction.
1. "The Heichal of Hash-m, the Heichal of Hash-m, the
Heichal of Hash-m" - these refer to the 1st 2
Temples (which will both be destroyed, hence there
will be a 3rd).
(m) Objection: This does not show that they are worthy of
rebuke - granted, they knew it would be destroyed, but
they did not know when!
(n) Counter-objection (Abaye): The time of the destruction
was known - "70 7-year cycles have been decreed on your
people and your Holy city (i.e. 490 years after the
destruction of the 1st Temple)"!
(o) Answer: Granted, the year was known, but not which day of
the year.
3) NEZIRUS ON CONDITION
(a) (Mishnah): 6 men were walking on the road; they saw a man
walking towards them.
1. 1 of the 6: 'I am a Nazir if the man approaching us
is Ploni'.
2. A 2nd of the 6: 'I am a Nazir if the man approaching
us is not Ploni'.
3. A 3rd of the 6: 'I am a Nazir if 1 of (the 1st 2) of
you is a Nazir'.
4. A 4th of the 6: 'I am a Nazir if 1 of the (the 1st
2) of you is not a Nazir'.
5. A 5th of the 6: 'I am a Nazir if both of you (the
1st 2) are Nezirim'.
6. The 6th man: 'I am a Nazir if all of you are
Nezirim'.
7. Beis Shamai says, all of them are Nezirim; Beis
Hillel say, only those whose words were not
fulfilled are Nezirim; R. Tarfon says, none of them
are Nezirim;
8. If the approaching man reversed direction (and we do
not know if it was Ploni, each of the 1st 2 men) is
not a Nazir; R. Shimon says, each says, 'If I was
correct, I am a Nazir from my previous acceptance;
if I was wrong, I now accept Nezirus on myself'.
(b) (Gemara) Question: He whose words were not fulfilled -
why is he a Nazir?!
(c) Answer #1 (Rav Yehudah): Rather, the Mishnah should read
'he whose words were fulfilled'.
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