Why isn't it possible that according to Beis Shamai that when applying R Meir, we understand that it is both a statement of becoming a nazir and a neder with respect to figs? The Gemara does not seem to entertain that possibility but it would seem to be most consistent with R Meir
Morris Massel, New York, NY
He said that "I am a Nazir from the figs" which implies that there is a connection between being a Nazir and the figs. If he would have wanted to do two totally separate things -- (1) to be a Nazir and (2) to make a Neder against figs -- then he should have said "I am a Nazir" and "Figs are forbidden to me like a Korban."
1) Morris, I think your argument is in fact the opinion of Rebbi Nasan (at the top of 9b) who says that according to Beis Shamai he is "Nadur" and "Nazir." The Gemara explains that Rebbi Nasan learns that Beis Shamai holds like Rebbi Meir and Rebbi Yehudah. Rashi (the Mefaresh) on 9a (DH B'Sh d'Savrei) writes that Beis Shamai holds like Rebbi Meir that a person does not waste his words, so since he said he is a Nazir, he is a Nazir. He also has made a Neder not to eat figs, since Beis Shamai also holds like Rebbi Yehudah who teaches that when he said "from the figs," he meant that the figs are forbidden to him like a Korban. However, Rebbi Nasan disagrees with the Mishnah, as the Gemara states on 9b.
2) The Rosh, in his commentary to 9a, writes that Rebbi Yehudah learns that the person who made himself a Nazir said, "In my heart, I wanted that the figs should be like a Korban for me." Beis Shamai holds that this is equivalent to a Neder. However, the Tana Kama of our Mishnah disagrees with Rebbi Yehudah since he maintains "Devarim sheb'Lev Lo Havei Devarim" (see Nedarim 28a). The Tana Kama says that we listen to what the person actually said. His mouth said that he is a Nazir, so he is a Nazir. In addition, the Neder against figs does not work. Even though he said that "I intended the figs to be forbidden to me like a Korban," we do not accept his explanation because he never actually said that. We say to him that he is diverting from what he said with his mouth. His mouth said that he is a Nazir, and also "from the figs." His mouth did not say that he made the figs like a Korban for himself.
3) To summarize, Rebbi Nasan says that it is both a statement of becoming a Nazir and a Neder about figs, but the Tana Kama of the Mishnah disagrees because he did not say that the figs are like a Korban for him.
4) Another reason why it is not a Neder on figs: The Shitah Mekubetzes (beginning of 9a) writes that Rebbi Meir has two Shitos: (a) "Ein Adam Motzi Devarav l'Batalah" -- a person does not waste his words, which, of course, is stated by the Gemara itself here, and (b) "Tefos Lashon Rishon" -- take hold of the first thing that he said. The latter Shitah is not stated explicilty in the Gemara here, but in other places we find that Rebbi Meir holds "Tefos Lashon Rishon." See the Mishnah later, 12b, where somebody said, "I am obligated to do a haircut of a half-Nazir." Rebbi Meir rules that he must do the complete haircut of a Nazir. The Bartenura there writes that Rebbi Meir is consistent with his opinion that "Tefos Lashon Rishon." When the person said, "I am obligated to do a haircut," this meant a complete haircut. When he follows that up by saying "of a half-Nazir," he has no power to retract from his first statement, so he must do a full haircut. (See also end of Temurah 25b, in the Mishnah there, regarding one who said, "This is the Temurah of an Olah, this is the Temurah of a Shelamim." Rebbi Meir there says that it is the Temurah of an Olah. Rashi writes that Rebbi Meir holds "Tefos Lashon Rishon.")
Accordingly, in the Mishnah here (9a), when he says "I am a Nazir" he becomes a Nazir, and we do not pay attention to what he said "from the figs" because this seems to contradict the first thing he said. We pay attention only to the first thing.
5) If he would have wanted to make a Neder against figs, he should have done it in the normal way:
a) Tosfos (Nazir 9b, four lines from the beginning of the Daf) writes that if he would have wanted to make a Neder against figs he should have said the word Konam (i.e., "Konam Gerogeros Alai" -- "figs are forbidden to me like a Korban"). This is "k'Derech ha'Nodrim," the way of people who make vows. This follows the opinion of Rebbi Shimon who maintains that if one does not make the Neder in the normal way, the Neder does not apply.
The Halachah follows Rebbi Shimon. The Rambam (Hilchos Ma'aseh ha'Korbanos 17:9) writes: if he said, "I am obligated to bring a Minchah from barley," he is exempt from bringing anything, because he did not commit himself to something which is offered on the Mizbe'ach.
b) This answer seems similar to the very first answer I gave. Tosfos writes this according to Beis Hillel, while the question was asked according to Beis Shamai. If it would be possible to say that Beis Shamai does not disagree with Rebbi Shimon, then we could give this answer.
c) Although I said above that the Gemara does not state explicitly that Rebbi Meir holds "Tefos Lashon Rishon," I later found in Menachos 103a that Chizkiyah says explicitly, in connection with our Mishnah in Nazir 9a, that Beis Shamai maintains "Tefos Lashon Rishon."
Kol Tuv,
Dovid Bloom
If he would have wanted to make a neder against figs he should have done it the normal way:-
1) Tosfos; 4 lines from the top Nazir 9b; writes that if he would have wanted to take a neder against figs he should have said the word Konam (i.e. "Konam Grogros Olay"; "figs are forbidden to me like a Korban"). This is "k'Derech Hanodrim"; the way of people who make vows. This follows the opinion of Rabbi Shimon who maintains that if one does not take the neder in the normal way, the neder does not apply.
The Halacha follows Rabbi Shimon; as Rambam Hilchos Ma'aseh Hakorbanos 17:9 writes; that if he said "I am obliged to bring a Minchah from barley" he is exempt from bringing anything, because he did not commit himself to something which is offered up.
2) This answer seems similar to the very first answer I gave. Tosfos writes the above according to Beis Hillel, whilst the question was asked according to Beis Shamai. If it would be possible to say that Beis Shamai do not disagree with Rabbi Shimon, then we could give this answer.
3) In the previous reply I wrote that the Gemara does not state explicitly that R. Meir holds Tfos Loshon Rishon. However I saw in Menachos 103a that Chizkya does say explicitly; in connection with our Mishnah in Nazir 9a; that Beis Shamai maintain Tfos Loshon Rishon.
Dovid Bloom