NAZIR 63 - Dedicatied l'Iluy Nishmas Maras Leah bas ha'Chaver Reb Refael Hanis by her son Reb Jizchak Kruskal

[63a - 26 lines; 63b - 32 lines]

1)[line 2]èåîàú úäåíTUM'AS TEHOM (TUM'AS HA'TEHOM - a Tum'ah of the depths)

(a)Tum'as ha'Tehom is Tum'ah that was hidden and that no one ever knew about, such as a corpse that was discovered lying beneath a road (TOSEFTA Zavin 2:5, cited in segments in our Sugya). If a Nazir or a person bringing a Korban Pesach became Tamei through Tum'as ha'Tehom before offering his Korbenos Nazir or Pesach, he does not need to bring his Korbanos again. This law is learned from a Halachah l'Moshe mi'Sinai.

(b)According to Rashi (Pesachim 81b DH she'Ein Lo), even if the person definitely became Tamei, his Korban is accepted, as long as he did not discover his Tum'ah until after the Shechitah of his Korban. According to the Rambam (Hilchos Korban Pesach 6:11), only if the person is not certain that he is Tamei is his Korban offered; however, as long as he has a doubt whether or not he is Tamei, he may offer the Korban even if the corpse beneath the road was discovered before the Shechitah of his Korban. (See Insights to Pesachim 81:2).

2)[line 7]ùçæ÷ú èîà èîàSHE'CHEZKAS TAMEI, TAMEI (CHAZAKAH - the situation as it stood until now, i.e. the maintenance of the status quo)

(a)One of the most confusing aspects of the subject of "Chazakah" is that the term "Chazakah" is used to describe so many unrelated laws. Just about any logical clarification of a doubt (and more) is referred to by this name. In our Sugya, it is referring to the rule that when doubt arises as to whether the status of a certain person/object has changed, we assume that is has not changed.

1.Such a "Chazakah" may be used with regard to a purely Halachic status (such as Tamei/Tahor or Mutar/Asur), or with regard to a physical status that effects the Halachah (such as an animal not being a Tereifah, or a Mikvah not lacking the necessary amount of water).

2.It may work forward in time (Chazakah d'Ikara), proving what will be, or backwards in time (Chazakah d'Hashta), proving what was.

(b)The word Chazakah is sometimes used to refer to what is actually a Ruba d'Leisa Kaman (see Background to Yevamos 119:6), such as "Chazakah Sheli'ach Oseh Shelichuso" (Chulin 12a). This is not the Chazakah we are discussing here.

(c)Another Chazakah proves that if a man and woman have acted as son and mother for a long enough time, it is accepted as strong enough evidence of their kinship to cause them to be executed for having forbidden relations with each other (Kidushin 80a). This too, is not the subject of our Sugya.

3)[line 8]ùøâìéí ìãáøSHE'RAGLAYIM LA'DAVAR- there is a logical foundation for this (to presume that something which was Tamei remains Tamei and something which was Tahor remains Tahor - MEFARESH)

4)[line 9]"åëé éîåú îú òìéå áôúò ôúàí [åèîà øàù ðæøå åâìç øàùå áéåí èäøúå áéåí äùáéòé éâìçðå]""V'CHI YAMUS MES ALAV B'FESA PIS'OM [V'TIMEI ROSH NIZRO; V'GILACH ROSHO B'YOM TAHORASO, BA'YOM HA'SHEVI'I YEGALCHENU.]"- "If a person should die near him very suddenly, [and be Metamei his Nazirite head; he shall shave his head on the day he becomes Tahor, on the seventh day he shall shave it.]" (Bamidbar 6:9)

5)[line 10]áîçååøú ìåB'MECHUVERES LO- when it is clear to him [that he became Tamei]

6)[line 11]"[ãáø àì áðé éùøàì ìàîø àéù àéù] ëé éäéä èîà ìðôù àå áãøê øç÷ä [ìëí àå ìãøúéëí åòùä ôñç ìä']""[DABER EL BNEI YISRAEL LEIMOR 'ISH ISH] KI YIHEYEH TAMEI LA'NEFESH O V'DERECH RECHOKAH [LACHEM O L'DOROSEICHEM V'ASAH FESACH LA'SH-M']"- "[Speak to the children of Israel saying:] If any man shall be Tamei because of a dead body or be on a distant road, [whether you or your [future] generations, he shall make the Pesach (Sheni) Offering to HaSh-m. In the second month (Iyar), on the fourteenth day in the afternoon they shall do it; with Matzos and bitter herbs they shall eat it.]" (Bamidbar 9:10-11)

7)[line 21]âîøà âîéøé ìäGEMARA GEMIRI LAH- we know it from the tradition that Moshe received on Mount Sinai (Halachah l'Moshe mi'Sinai)

8)[line 23]úâìçú îòëáúTIGLACHAS ME'AKEVES (KORBAN NAZIR TAHOR)

(a)When a Nazir completes his period of Nezirus, he must offer three sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos (unleavened loaves of Matzah) and 10 Rekikin (flat Matzos). He then shaves off the hair of his head and burns it under the cauldron in which the Zero'a of the Shelamim is cooked (Bamidbar 6:18). (SEFER HA'CHINUCH #377)

(b)There is a Machlokes Tana'im as to whether shaving his hair (Tiglachas) prevents him from bringing his sacrifices or not (Nazir 47a).

9a)[line 24]áúåê îìàúB'SOCH MELOS- within the period of time that the Nazir had accepted upon himself to be a Nazir

b)[line 24]ìàçø îìàúL'ACHAR MELOS- after the completion of his period of Nezirus (but before he brought his sacrifices and before he shaved - MEFARESH)

63b----------------------------------------63b

10)[line 15]îùåáøMESHUBAR- broken [into pieces - ROSH]

11)[line 15]åîôåø÷U'MEFURAK- and it is dismembered

12)[line 16]áéï ôø÷éïBEIN PIRKIN- in between the dismembered joints or places where the body was connected

13)[line 18]èòåïTA'UN- if he was carrying a load

14)[line 18]øëåáRACHUV- if he was riding on an animal

15)[line 20]éñéèYASIT- will move [the body] (without touching it)

16)[line 26]áúáïTEVEN- straw

17)[line 26]áöøåøåúTZEROROS- pebbles

18)[line 27]áéîéíBA'YAMIM- in bodies of water, lakes (the Girsa in the TOSEFTA Zavin 2:5 is B'MAYIM)

19)[line 27]åáàôéìäUV'AFEILAH- and in a dark place

20)[line 27]åáð÷é÷é äñìòéíNEKIKEI HA'SELA'IM- the crevices of rocks

21)[line 30]ñô÷ èåîàä öôäSAFEK TUM'AH TZAFAH

(a)When there is a doubt as to whether an object is Tahor or Tamei, if the object is found in Reshus ha'Rabim the object is Tahor. If it is found in a private, concealed place, it is judged to be Tamei.

(b)This is learned from the case of the Sotah woman (Bamidbar 5; see Background to Nazir 57:2). In the case of a Sotah, where only two people were present at the time that there arose a question as to her status, she is judged Teme'ah/culpable. Similarly, whenever there are only two people present (i.e. a Reshus ha'Yachid l'Tum'ah), if a doubt arises regarding the status of a person or an object, he or it is judged to be Tamei. Whenever more than two people frequent a certain area it is a Reshus ha'Rabim l'Tum'ah. If a doubt arises regarding the status of a person or an object, he or it is judged to be Tahor.

(c)However, if the object that is Safek Tamei is not at rest, such as an object floating on the water or flying in the air, the Torah tells us to be lenient and consider it Tahor (Taharos 4:8, Chulin 127a).