NAZIR 58 - Dedicated l'Iluy Nishmas Reb Naftali ben Reb Menachem Mendel Bodner Z"L by his wife, Alice Bodner. A man who loved Chesed, Tuli Bodner applied his many talents to help everyone he knew in any way he could. His cheerful greeting is warmly remembered by all who knew him. He was Niftar on 5 Cheshvan 5765.

[58a - 33 lines; 58b - 28 lines]

1)[line 15]יבוא עשה וידחה את ל''תYAVO ASEH V'YIDCHEH ES LO SA'ASEH

(a)When an Isur Lo Sa'aseh prohibits a certain action that prevents a person from performing a Mitzvas Aseh, the Torah states that the Aseh is able to "push aside" the Lo Sa'aseh. For example, when a person wants to wear a four-cornered linen garment, the Isur of Sha'atnez prohibits attaching woolen threads to it. However, the Mitzvah of Tzitzis requires adding threads of Techeles (that are made of wool) to this garment. The Torah commands that in this case the Mitzvas Aseh overrides the Lo Sa'aseh.

(b)The Tana'im argue as to the source of this Halachah. Some learn it from the fact that the Torah specifically wrote the Mitzvah of Tzitzis and the Isur of Sha'atnez as adjacent verses (Semuchin), an indication that the Mitzvah of Tzitzis overrides the Isur of Sha'atnez (Yevamos 4a). Others learn it from different sources (here and in Yevamos 5a, Nazir 41a).

(c)Even though an Aseh normally overrides a Lo Sa'aseh, this is not the rule in every case. The Gemara explains that in certain instances, the Aseh does not have the power to override the Lo Sa'aseh. Some examples are:

1.A Lo Sa'aseh that is punishable by Kares is not pushed aside by an Aseh (Yevamos 3b).

2.An action that is prohibited by both a Lo Sa'aseh and an Aseh, is not pushed aside by a different Mitzvas Aseh (here and in Chulin 141a).

3.Only in a case where the performance of the Aseh coincides with the transgression of the Lo Sa'aseh did the Torah command that the Aseh takes precedence. If performance of the Aseh is only accomplished after the transgression of the Lo Sa'aseh, the Lo Sa'aseh is not pushed aside (Shabbos 133a). (There are those who write that if a person begins to perform a Mitzvas Aseh while transgressing a Lo Sa'aseh, even though the Aseh is not yet completed by the time the Lo Sa'aseh is transgressed, it pushes aside the Lo Sa'aseh - NIMUKEI YOSEF to Bava Metzia 33a.)

4.If it is possible to perform the Aseh, in the case under discussion, without transgressing the Lo Sa'aseh (by performing the Aseh in a different way or at a different time), the Aseh does not push aside the Lo Sa'aseh (Yevamos 20b - see TOSFOS YESHANIM to Shabbos 25a). (The Rishonim argue as to whether an Aseh pushes aside a Lo Sa'aseh when it is possible to perform the Aseh without transgressing the Lo Sa'aseh, through the use of a certain item that the person does not currently have the means to obtain (RASHBA to Yevamos 4b).

(d)The Rishonim explored the possibility that an Aseh also does not push aside a Lo Sa'aseh in other cases:

1.When one person performs a Mitzvas Aseh by doing a certain action in which two people transgress the Lo Sa'aseh.

2.When the action is prohibited by two Mitzvos Lo Sa'aseh, and not only one (TOSFOS to Yevamos 3b DH Lo Sa'aseh).

3.When the action is prohibited in another instance by a Lo Sa'aseh and an Aseh, even though in the case at hand there is only a Lo Sa'aseh that prevents it (TOSFOS to Kidushin 34a DH Ma'akeh).

2)[line 18]מגדיליםMI'GEDILIM- from twisted threads, i.e. Tzitzis

3a)[line 19]"לא תלבש שעטנז [צמר ןפשתים יחדו. גדלים תעשה לך על ארבע כבפות כסותך אשר תכסה בה]""LO SILBASH SHA'ATNEZ; [TZEMER U'FISHTIM YACHDAV. GEDILIM TA'ASEH LACH; AL ARBA KANFOS KESUSCHA ASHER TECHASEH BAH.]"- "You shall not wear Sha'atnez (combined fibers); [wool and linen together. You shall make for yourselves twisted threads (Tzitzis); on the four corners of your garment with which you cover yourself.]" (Devarim 22:11-12)

b)[line 20]שעטנזSHA'ATNEZ

(a)Sha'atnez is a mixture of wool and linen which is prohibited, as the Torah states in Devarim 22:11. Chazal teach that the word "Sha'atnez" is made up of three smaller words - "Shu'a" (combed), "Tavi" (spun), and "Noz."

(b)The Rishonim disagree over the translation of the word "Noz":

1.RASHI (Nidah 61b and Horayos 11a DH Noz) and the RASH (Mishnayos Kil'ayim 9:8) learn that Noz means woven together (the wool and linen are woven together in a garment).

2.TOSFOS (Nidah 61b DH Shua Tavi v'Noz) disagrees with Rashi's explanation. We learn that the prohibition of Sha'atnez applies only when the wool and linen are woven together from the word "Yachdav" in the verse. If so, Noz does not mean "woven together." Rather, Noz means that the threads must be twisted or wound.

(c)The Rishonim disagree about how the wool and linen must be joined in order to transgress the Torah prohibition of Kil'ayim:

1.RASHI (ibid.) holds that the wool and linen must be combed, spun, and woven together. That is, the strands of wool must be combed together, spun together, and then woven together with the linen in order to transgress the prohibition of Sha'atnez. If the strands of wool are combed or spun separately from the strands of linen, even though they are later woven into a garment together, the Torah prohibition of Sha'atnez has not been transgressed.

2.TOSFOS (ibid.) learns that one transgresses the Torah prohibition if the wool and linen are combed, spun, and twisted by themselves, and are then joined together by two stitches. The RASH (ibid.) agrees with Tosfos, and rules that if the wool and linen are combed and spun separately and then joined, the prohibition of Sha'atnez has been transgressed. (However he does not require that the threads be twisted, see b:1.)

4)[line 24]מין כנףMIN KANAF- the Tzitzis should be made from the same material as the corner of the garment

5)[line 24]"צמר ופשתים יחדו""TZEMER U'FISHTIM YACHDAV"- see above, entry #3a

6)[line 26]במינןB'MINAN- in a garment of the same material

7)[line 30]"[והיה ביום השביעי יגלח את כל שערו את ראשו ואת] זקנו [ואת גבת עיניו ואת כל שערו יגלח...]""[V'HAYAH VA'YOM HA'SHEVI'I YEGALACH ES KOL SE'ARO; ES ROSHO, V'ES] ZEKANO, [V'ES GABOS EINAV, V'ES KOL SE'ARO YEGALE'ACH...]"- "[And on the seventh day he shall shave off all of his hair; [the hair of] his head,] his beard [and his eyebrows and all of his hair he shall shave off. And he shall immerse his clothes, and immerse his flesh in water, and he shall be Tahor.]" (Vayikra 14:9)

8)[line 30]"[לא יקרחו קרחה בראשם] ופאת זקנם לא יגלחו...""[LO YIKRECHU KORCHAH B'ROSHAM,] U'FE'AS ZEKANAM LO YEGALECHU..."- "[They shall not make bald any part of their heads,] nor shall they shave off the corner of their beards, [nor make any gashes in their flesh.]" (Vayikra 21:5)

58b----------------------------------------58b

9)[line 3]לאו שאינו שוה בכלLAV SHE'EIN SHAVEH BA'KOL- a Lav that [applies only to Kohanim and] does not pertain to all Jews

10a)[line 9]במספריםMISPARAYIM- a pair of scissors

b)[line 11]במלקטMELAKET- a plane or file used for metal surfaces (RASHI to Kidushin 35b) or for planing flat shutters or shields (ROSH to Nazir 40b; see "Rehitni," below). (Elsewhere, Yevamos 43a, Rashi explains that a Melaket is pincers for picking hair, wool, etc. (O.F. moles), as is evident from the Gemara there. However, when it is mentioned together with Rehitni, Rashi explains that it refers to a tool that can cut and destroy hair, like a razor, and that is normally used to even broad flat surfaces, as is evident from our Gemara and from Shabbos 97a. The Rambam, however, (PERUSH HA'MISHNAH to Makos 21a, see also BARTENURA there) explains that both Melaket and Rehitni are metal tools that can be used for plucking individual hairs, such as pincers and tweezers, and not planes.)

c)[line 11]וברהיטניREHITNI- (a) a plane used for evening wooden or metal surfaces such as flat shutters or shields (RASHI to Shabbos 97a and Kidushin 35b, see above, "Melaket"); (b) a kind of tweezers (see previous entry, from the Rambam)

11)[line 12]השחתהHASHCHASAH- destruction [of the hairs] (i.e. shaving with a razor)

12)[line 16]שקול הוא ויבואו שניהןSHAKUL HU, V'YAVO'U SHENEIHEM- It is equally reasonable to learn either of these laws from the verse, so we assume that the verse means to teach us both of them, rather than just one to the exclusion of the other

13)[line 18]ישנו בשאלהYESHNO B'SHE'ELAH (HETER NEDARIM)

(a)When an adult makes a Neder (or designates Chalah, Terumah, or Kodshim) or Nezirus, and he regrets having made the Neder, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder in the first place had he been aware of a particular fact. This investigation provides the person with a "Pesach" (opening) with which the Beis Din can revoke the Neder.

(b)If there are no facts that the person who made the Neder was not aware of but, nevertheless, he now regrets making the Neder, there is a Machlokes Tana'im as to whether the fact that the person regrets having made the Neder ("Charatah") is enough of a Pesach to allow the Neder to be annulled. The Halachah follows the opinion that Charatah is a valid Pesach in and of itself.

(c)There is a Machlokes Rishonim as to the status of a Yachid Mumcheh. The RAN rules that he must be an outstanding Torah authority well versed in the laws of Nedarim. Others rule that in addition to the previous, the scholar must also have Semichah (RAMBAN, cited by the Ran in Nedarim 23a).

14)[line 21]מיקל אדם כל גופוMEIKAL ADAM KOL GUFO- a person may cut all of the hair of his body [to the exclusion of the hair on his head and his beard - see ROSH]

15a)[line 22]בית השחיBEIS HA'SHECHI- [the hair of] the armpits

b)[line 22]ובית הערוהBEIS HA'ERVAH- [the hair of] the private parts

16)[line 22]הרי זה לוקהHAREI ZEH LOKEH (LO YILBASH GEVER SIMLAS ISHAH)

(a)It is forbidden for a woman to wear a garment that is worn only by men and for a man to wear a garment that is worn only by women as stated in Devarim 22:5. This includes a prohibition against women wearing armor and bearing weapons (RAMBAM Hilchos Avodas Kochavim 12:10, based on the opinion of Rebbi Eliezer ben Yaakov below, Daf 59a). According to some, it prohibits women from wearing Tzitzis and Tefilin (TARGUM YONASAN). A man is prohibited from adorning himself in the way that women do (e.g. to pull out white hairs that are found among black hairs or to color his hair). The Torah refers to one who does the above as a To'evah, an abomination. This is counted as two Lavin, one for a woman and one for a man. The punishment for transgressing these Lavin is lashes.

(b)The reason for these Lavin is to distance men from women and to thereby avoid promiscuity, which removes a person from the proper path of life and from proper thoughts and leads him on an evil path and to thoughts of nonsense. Another reason is to keep us away from Avodah Zarah; men and women who worshipped Avodah Zarah used to wear the same clothes. (SEFER HA'CHINUCH #542, 543)

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