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


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Nazir 61

NAZIR 61, 62 - The preparation of the study material for these Dafim was supported by a grant from the Memorial Foundation for Jewish Culture, for which the Kollel is grateful.

1) IS SHAVING A MITZVAH?

(a) (R. Chiya): The shaving of a leper cannot count for the shaving of a Tamei Nazir, for a leper shaves before immersing, a Tamei Nazir shaves after immersing;
1. The shaving of a leper cannot count for the shaving of a Tahor Nazir, for a leper shaves before offering sacrifices, a Tamei Nazir shaves after sacrifices.
(b) (Mishnah): The shaving of a leper ...
(c) Question (Rami bar Chama): Are (all) 4 shavings Mitzvos, or (is the 3rd) merely to remove hair (some of which grew while) Tamei?
1. If it is only to remove Tamei hair, a razor is not needed; a cream may be used to remove the hair.
(d) Answer (Rava - Beraisa): He shaves 4 times.
1. If (the 3rd) shaving is only to remove Tamei hair, it would suffice to shave 3 times!
2. We conclude, even the 3rd shaving is a Mitzvah.
***** PEREK HA'KUSIM *****

2) WHO MAY BECOME A NAZIR?

(a) (Mishnah): Nezirus does not apply to Kusim; it does apply to women and slaves.
1. There is a stringency of women over slaves - a husband can force his slave to transgress Nezirus, but he cannot force his wife.
(b) (Gemara) - Question: What is the source that Kusim cannot be Nezirim?
(c) Answer (Beraisa): "Speak to Bnei Yisrael" - and not Kusim; "And say to them" - to include slaves.
(d) Question: Why must a verse include slaves?
1. Every Mitzvah that applies to women applies to slaves!
(e) Answer (Rava): It says by vows "To forbid on one's soul" - one who owns his own soul, to exclude slaves.
1. If not for a verse to include them, we would say that they also cannot accept Nezirus.
(f) (Beraisa (above)): "Bnei Yisrael" - and not Kusim ...
(g) Question: Is it really true that every time the Torah says Bnei Yisrael, this excludes Kusim?
1. Regarding Erchin (vowing to give money to Hekdesh, according to a person's age and gender) it says Bnei Yisrael;
2. (Beraisa): Bnei Yisrael can vow to give a person's Erech, but not Kusim.
i. One might have thought, one cannot vow to give the Erech of a Kusi - "A man" (to include Kusim).
(h) Answer: Another verse excludes Kusim from Nezirus - "To his mother and father he will not become Tamei".
1. This shows that Nezirus only applies to one that has a father (according to Torah law); this excludes Kusim.
(i) Question: It what sense does the Torah say that a Kusi has no father?
(j) Answer #1: Regarding inheritance.
1. Objection: But R. Chiya bar Avin taught, "I gave Mount Se'ir to Esav as an inheritance" - this teaches that a Kusi inherits his father mid'Oraisa!
(k) Answer #2: Regarding the Mitzvah to honor a father.
1. Objection: Regarding Nazir, there is no reason to say that this is the criterion for being considered a father!
(l) Answer #3: "To his mother and father he will not become Tamei" - Nezirus only applies to one that can become Tamei; this excludes Kusim.
61b---------------------------------------61b

1. Question: How do we know that Kusim cannot become Tamei?
2. Answer #1: "A man that will become Tamei and not purify himself will be cut off from the congregation" - Tum'ah applies to one that (is part of) the congregation; this excludes Kusim.
3. Rejection: Perhaps such a person can become Tamei; the verse only says that he is not punished by being cut off!
4. Answer #2: "The Tahor will sprinkle on the Tamei" - only one who can be Tahor can be Tamei.
5. Rejection: Perhaps he cannot become Tahor after being Tamei, but he can become Tamei!
6. Answer #3: "A man that will become Tamei and not purify himself" - one that cannot become Tahor after being Tamei, cannot become Tamei.
(m) Answer (To j:1 - Rav Acha bar Yakov): "You will bequeath (your slaves) to your children after you - only for a father that can bequeath slaves, the Torah had to say that a Nazir may not become Tamei
1. Since a Kusi cannot inherit slaves from his father, Nezirus does not apply to him.
2. Objection: This should also teach that slaves cannot be Nezirim!
3) THE DISTINCTION BETWEEM ERCHIN AND NEZIRUS
(a) Answer (To question g - Rava): Kusim are included by Erchin, but not by Nezirus.
1. (Beraisa): "Bnei Yisrael" - Bnei Yisrael can vow to give a person's Erech, but not Kusim.
i. One might have thought, one cannot vow to give the Erech of a Kusi - "A man" (to include Kusim).
2. By Nezirus, "Bnei Yisrael" excludes Kusim.
i. Suggestion: Perhaps it only excludes them from bringing sacrifices of Nezirus, but "A man" teaches that (prohibitions of) Nezirus apply to them!
ii. Rejection: No - another verse teaches that they do not bring sacrifices of Nezirus.
iii. (Beraisa - R. Yosi ha'Galili): "A burnt-offering" - this excludes sacrifices of a Nazir (a Kusi may not bring them).
(b) Question: Perhaps "Bnei Yisrael" only excludes Kusim from eternal Nezirus!
1. "A man" teaches that (regular) Nezirus applies to them!
(c) Answer (R. Yochanan): Eternal Nezirus is not written in the Torah, a verse would not come to exclude this.
(d) Question: Perhaps "Bnei Yisrael" only excludes a Kusi from being able to impose Nezirus on his son!
1. "A man" teaches that (regular) Nezirus applies to them!
(e) Answer: R. Yochanan taught, imposing Nezirus on one's son is tradition from Moshe from Sinai; a verse would not come to exclude this.
(f) Question: Perhaps "Bnei Yisrael" only excludes a Kusi from shaving (bringing sacrifices of Nezirus) from money his father set aside for his own shaving (after the father died)!
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