DAF DISCUSSIONS - NAZIR 39

Daniel Fishman asked:

The Gemmara at the end of 39a wants to bring a prrof from a baraisa that new hair grows from the bottom or from the base of the head and not from the top.The Baraisa states "Kad tzavei Savya diyiknhon chivran"-When old men dye their beards (they die them black to look younger)white are the bottom hairs.And as the Rosh explains "There are old people who die their beard haior black in order that they should appear to be of young."

My kashe is dont the Poskim say that this is assur so how does the Gemara say this? The Shulchan Aruch in Yoreh Deah Siman 182 Seif 6 explicitly states it is assur to dye even one hair black. and the Tur writes this too as its from the Rambam in Hilchot Avodat Chochavim perek 12 halacha 6 and also the Sh"t Mahari Ashkenazi in Yore deah siman 19 holds its and issur diorita and the Sh"t Divrei Chaim Cheleck 2 Yore Deah siman 62 also writes its assur and further the Sh"T Maharam Shick in Siman 173 also concludes its assur to dye ones beard hair to be shachor from lavan. Furthermore, the Sh"t Avnei Zichron Cheleck 3 siman 39 holds that when one reaches his old age ots assur to dye the hair black from white.

How would all these Poskim explain the Gemara could it really be the Gemara is referring to non-jews, but then wouldnt the Gemara or the Rosh have said that and can we bring a proof from a case of non-jews?

Daniel Fishman, Lawrence, America

The Kollel replies:

On the one hand, the point you are making is undeniably valid. On the other, the Gemara must be referring to non-Jews, and why not? Do non-Jewish beards grow any differently than Jewish ones? Bear in mind also, that in those days beards were probably the fashion among non-Jews no less than among Jews. And if the Rosh and other Mefarshim did not mention it, maybe that is because it is so obvious, it does not need to be said.

I heard that somebody once asked the Chazon Ish about an obvious misprint in the Gemara, adding that the Rashash had not commented on it. The Chazon Ish replied 'So you be the Rashash!' Or as Chazal say in a number of places 'They left room for me to put it right'.

Be'Virchas Kol Tuv

Eliezer Chrysler

Daniel Fishman responded:

So R' Chrysler is answering my question that the Gemara must be referring to non-jews just the Gemara or mefarshim did not mention it because as R' Chrysler stated "did not mention it, maybe that is because it is so obvious, it does not need to be said.".However, when the Gemara right before that tried to bring a raaya from the case "blorit"-braids which after it is braided it loosens at the bottom, the Gemara stated "blorit of the kushim" which defines who the case of braids apply to which is the Kushites (Goyim).Yet, the Gemara did not say by dying beards that the way goyim dye their beards.So its mashma that our case of "Kad tzavei savya diknihon" refers to jews since it mentioned the case stam if it would be davka only goyim then it would of stated that just as the Gemara stated blorit of goyim.So my question thus remains

How would all these Poskim that i mentioned that hold even 1 hair to be dyed one is oveir teh issur diorita of Lo yilbash explain our Gemara, why would the Gemara then not say old men that are goyim ?

The Kollel replies:

I must admit that your Kashya is a good one. On the other hand, the Gemara in Shabbos specifically includes pulling out white or black hairs in the Lav of Lo Yilbash, in which case it is obvious that the same applies to dyeing the hair white or black, since what could possibly be the difference between them (and that is presumably the source of the Rambam and of those who concur with him).

In that case, it is not the Poskim whom we will need to explain, but the discrepancy in the Gemara itself.

Afterwards I saw the Kesef Mishnah, who assumes that the Rambam had a source, of which he was evidently unaware.

Be'Virchas Kol Tuv.

Eliezer Chrysler