More Discussions for this daf
1. Answers to Review Q's 2. התרה לנזיר שמשון 3. Machlokes Rebbi Shimon and Rabanan
4. התרה לנזיר שמשון 5. נזיר בד' כוסות
DAF DISCUSSIONS - NAZIR 4

Yedidyah Schiermeyer asked:

Rabbi,

(a) R. Shimon HaTzadik only mentioned the asham of the Tamei Nazir, not the chatas. Since the asham is only brought when the nazir became tamei while in his period of nezirus, not at thend of his period of nezirus, would R. Shimon HaTzadik eat the chatas of the one who had less than perfect motives that became tamei or eat the chatas of the same one who finished his period of nezirus, even if he had to restart after becoming tamei? It seems that if R. Shimon HaTzadik were going to limit himself because of questionable motives or regret he would have mentioned the chatas, not the asham, or maybe he should have mentioned both.

(b) Also, if the nazir becomes tamei and has to spend 7 days to become tahor, do those 7 days count as part of the new required 30 days or does the 30 day clock start after he becomes tahor (making it 37 days)?

Sincerely,

Yedidyah Schiermeyer, Denver, CO

The Kollel replies:

(a) The Rashba in Nedarim 9b DH Miyomi writes that Shimon HaTzadik also never ate the bird Chatas apart from that one occasion with the Nazir from the south. So according to the Rashba there is no difference between the Asham and the Chatas, as you suggest.

[See also Pirush Ha'Rosh Nedarim 9b v'Nimtze'u who writes, in addition, that Shimon HaTzadik would also not have eaten the sacrifices that the Nazir brought at the end of his period of purity because since when he had become impure earlier he had regretted his Nezirus. This is as if he had uprooted his Neder, so the Korbanos at the end of the subsequent pure period would also be Chulin in the courtyard of the Beis ha'Mikdash. The reason the Gemara only mentioned the Asham is because this Korban is unique to the Nazir who became impure.]

(b) The 30 days begin after he becomes Tahor.

Gut Voch

Dovid Bloom

Yedidyah Schiermeyer asked:

Rabbi,

(a) R. Shimon HaTzadik only mentioned the asham of the Tamei Nazir, not the chatas. Since the asham is only brought when the nazir became tamei while in his period of nezirus, not at thend of his period of nezirus, would R. Shimon HaTzadik eat the chatas of the one who had less than perfect motives that became tamei or eat the chatas of the same one who finished his period of nezirus, even if he had to restart after becoming tamei? It seems that if R. Shimon HaTzadik were going to limit himself because of questionable motives or regret he would have mentioned the chatas, not the asham, or maybe he should have mentioned both.

(b) Also, if the nazir becomes tamei and has to spend 7 days to become tahor, do those 7 days count as part of the new required 30 days or does the 30 day clock start after he becomes tahor (making it 37 days)?

Sincerely,

Yedidyah Schiermeyer, Denver, CO

The Kollel replies:

(a) (1) The Rashba in Nedarim 9b DH Miyomi writes that Shimon HaTzadik also never ate the bird chatas apart from that one occasion with the Nazir from the south. So according to the Rashba there is no difference between the asham and the chattas, as you suggest.

[See also Pirush HaRosh Nedarim 9b v'Nimtzeu who writes, in addition, that Shimon HaTzadik would also not have eaten the sacrifices that the Nazir brought at the end of his period of purity because since when he had become impure earlier he had regretted his Nezirus, this is as if he had uprooted his Neder, so the korbonos at the end of the subsequent pure period would also be Chulin in the courtyard of the Beis Hamikdash. The reason the Gemara only mentioned the asham is because this korbon is unique to the Nazir who became impure.]

(b) The 30 days begin after he becomes Tahor

Gut Voch

Dovid Bloom

Follow-up reply:

Here is a different way of answering your question. It is possible that Shimon HaTzadik would in fact eat the Chatas of a nazir who had questionable motives. This is because the difference between an Asham for a Safek and between a Chatas for a Safek is that the Asham might be Chulin b'Azarah - profane food in the courtyard of the Beis Hamikdash - whilst in contrast a bird Chatas may be brought even if it is only doubtful if one is liable. (see Rambam Pesulei Hamukdasin 7:10 for which cases a bird Chatos may be brought in a doubtful case, but that an animal Chatos can never be brought for a Safek).

Therefore one can say as follows. Shimon HaTzadik was worried that the Nazir might have regretted, when he became impure, that he ever became a Nazir in the first place. If so his korban that he brought would be considered Chulin b'Azarah (this is stated in Gemara Nedarim end 9b). However this only applied for Asham whilst for a Chatos even if there was a doubt about the nazir's motives nevertheless in the case of doubt one can also bring a bird Chatos so Shimon was not concerned about the latter.

Even though the Gemara states (below 29a) that a bird Chatos brought for a Safek may not be eaten, nevertheless one can say that Shimon was not so concerned about the Nazir's wrong motives actually to be so stringent not to eat the Chatos. Rather he was only concerned about the wrong motives as far as this making Chulin b'Azarah. The Gemara Nedarim 9b suggests that the latter was the chief problem.

(I would like to suggest that the reason for Shimon's priorities was because he maintained that Mideoraisa poultry does not require Shechita, so the bird Chatos would never be a nevailo deoraisa anyway but he held that Chulin b'Azarah is forbidden mideoraisa, so he was more stringent on this matter. These latter 2 questions are both the subject of dispute in the gemara below 29a).

KOL TUV

Dovid Bloom