1) MAY A METZORA OFFER A KORBAN
QUESTION: The Beraisa explains how a Nazir who is a Safek Metzora and a Safek Nazir Tamei can become Tahor from his Safek Tzara'as. He offers the Korbanos on condition that "if I am a Nazir Tahor, this is the Korban for my Nezirus; if I am a Metzora (and cannot bring a Korban Nezirus), this Korban is a Nedavah."
The Beraisa clearly implies that a Metzora is permitted to send a Korban Nedavah to the Beis ha'Mikdash. Similarly, the Gemara later (60b) quotes a Tosefta in which Rebbi Shimon bar Yochai's Talmidim asked him if a Nazir Tahor who is a Metzora (b'Yemei Chaluto) can have one haircut which counts for the Taharah from his Tzara'as and for his Nezirus. Obviously, if the Nazir is shaving he must have already offered at least one of his Korbenos Nezirus (46a). Hence, he must have brought the Korban while he was a Metzora, before he shaved. This implies that a Metzora is permitted to send Korbanos to the Beis ha'Mikdash.
However, this contradicts the Gemara in Moed Katan (14b-15a) which teaches that a Metzora cannot send Korbanos to the Beis ha'Mikdash. How are these contradictory Gemaras to be reconciled? (MINCHAS BARUCH 23:3; MIRKEVES HA'MISHNEH, Hilchos Nezirus 10:7; RASHASH)
According to TOSFOS in Zevachim (75a) and Menachos (62b) who writes that the Gemara in Moed Katan means only that a Metzora may not send an Asiris ha'Eifah (the Korban a Kohen offers at the initiation of his service in the Beis ha'Mikdash ("Minchas Chinuch"), and the daily Korban of a Kohen Gadol ("Minchas Chavitin"), there is no question. A Metzora is permitted to send all other Korbanos, including the Korban of a Nazir Tahor.
Similarly, according to TOSFOS in Chagigah (4b), who writes that a Metzora is prohibited only from sending his own Korban Taharah when he had a relapse of his Tzara'as, there is no question.
However, Tosfos in Moed Katan (14b) clearly understands from the Gemara there that a Metzora may not send any Korban. This is also evident from the words of the TOSFOS HA'ROSH and TOSFOS RID there (who add that even b'Yemei Sefiro the Metzora may not send Korbanos). The RAMBAM (Hilchos Bi'as ha'Mikdash 2:11) also rules that a Metzora may not send any Korban to the Beis ha'Mikdash, and if he does send one, the Korban does not provide atonement for him. Why, then, in the case of the Mishnah may the Safek Metzora send a Korban with a Tenai that if he is a Metzora the Korban should be a Nedavah? Similarly, why may a Vadai Metzora (the subject of the question of Rebbi Shimon bar Yochai's Talmidim) send his Korban Nazir Tahor to the Beis ha'Mikdash while he is still a Metzora b'Yemei Chaluto (or b'Yemei Sefiro)?
(a) The ZECHER YITZCHAK (#43 and #44) suggests that although a Metzora may not send Korbanos himself, another person may send an animal on behalf of the Metzora to exempt the Metzora from his obligation to bring a Korban. Similarly, RAV SHACH zt'l (in AVI EZRI, Mahadura Kama, Hilchos Korban Pesach 6) suggests that even if the Korban normally must belong to the Nazir, there is still a case in which another person can offer a Korban Nazir on behalf of the Metzora: when a father makes an oath of Nezirus for his young son, and then the son becomes a Metzora, the father -- who made the Nezirus for his son -- may send a Korban on his son's behalf since the father is the one who accepted the oath of Nezirus.
However, the Gemara here makes no mention of another person sending the Korban for the Metzora. Rather, it implies that the Metzora himself sends it.
(b) The OR SAME'ACH (Hilchos Bi'as ha'Mikdash 2:11) infers from the Rambam that although the Korban which the Metzora sends will not atone for him, nevertheless the Korban itself is valid. (See also MIKDASH DAVID, Kodshim 27:5.) Accordingly, if a Nazir sends his Korban while he is a Metzora, although it does not atone for him it is still a valid Korban (like a Korban Nedavah).
Rebbi Shimon (Nazir 46b) maintains that a Nazir may shave upon offering a Korban Nedavah, even though it is not one of the Korbanos of Nezirus. The Talmidim of Rebbi Shimon (bar Yochai) asked that according to Rebbi Shimon's own opinion that a Nazir may shave upon offering a Korban Nedavah, may a Metzora who is a Nazir shave upon offering a Korban he sends (which has the status of a Nedavah)? (See also AVI EZRI, Mahadura Revi'a, Hilchos Bi'as ha'Mikdash 2:11, who gives the same answer.)
This approach also answers the question from the Mishnah as well, because the Gemara says that the Tana of the Mishnah is Rebbi Shimon. (In practice, however, the RAMBAM does not rule like Rebbi Shimon, even though he quotes the Mishnah.)
(c) The CHAZON ISH explains that the Talmidim of Rebbi Shimon asked whether the Tiglachas of the Nazir-Metzora counts for his Tzara'as and his Nezirus if he already brought the first of his Korbenos Nezirus before he became a Metzora. (The question of the Talmidim must refer to a case in which the Nazir completed his Nezirus period before his Tzara'as finished, because the days of his Tzara'as do not count towards the days of his Nezirus, as the KEREN ORAH points out.)
However, the Mishnah (59b) and Beraisa (60a) seem to discuss a case of a Nazir who became a Safek Metzora before he finished his Nezirus period, and who brings his Korbenos Nazir Tahor during the period in which he might be a Metzora.
The MINCHAS BARUCH and MIRKEVES HA'MISHNEH (loc. cit.) answer that according to the Rambam, the Mishnah is not problematic because the Rambam maintains that a Metzora may not send Korbanos only b'Yemei Chaluto, but b'Yemei Sefiro he may send Korbanos. Therefore, the only problem from the Mishnah is how the Nazir is able to send a Safek Korban Taharah before the first Tiglachas (while he is still b'Yemei Chaluto). The Rambam (Hilchos Nezirus 10:7), however, writes that the Tenai which the Nazir makes when he sends his Olas Behemah is, "If I am a Metzora, I want this Olah to count as the Olah of a Metzora." A Metzora may certainly bring, during his Tzara'as, the Olah that a Metzora is obligated to bring for his Tzara'as. (Although the Metzora is not required to bring a Korban Metzora until after his second Tiglachas, nevertheless the Rambam maintains that he may bring the Korban even before his first Tiglachas if he so desires. See RADVAZ cited by SEFER HA'KOVETZ. The RA'AVAD here asks why the Rambam chose to explain that the Olah brought before the first Tiglachas is an Olas Metzora, if a Metzora normally brings his Korban later, after his second Tiglachas. According to the above explanation, the answer is that the Rambam's intention is to answer the question about how a Metzora is permitted to offer a Korban Nedavah.)
However, TOSFOS, the TOSFOS HA'ROSH, and TOSFOS RID (in Moed Katan) prohibit a Metzora from bringing a Korban even b'Yemei Sefiro, and therefore they cannot give the answer of the Rambam. The Olos brought before the first and second Tiglachas cannot both be Korbanos of a Metzora; only one of them can be the Korban of a Metzora.
(d) To explain the Mishnah, perhaps one may suggest that a Metzora is permitted to bring any Korban which is necessary for him to become Tahor from his Tzara'as. Since the Nazir who is a Safek Metzora cannot shave to become Tahor from his Tzara'as unless he brings the Korban (with a Tenai) which is a Safek Nedavah, he is permitted to send that Korban. The Korban has become part of his Taharah process and therefore he may send it even though he is a Metzora. This is particularly true according to the view of the Tosfos ha'Rosh and Tosfos Rid in Moed Katan, who write that the reason why a Metzora may not send a Korban is that he is in a state of distress ("Tza'ar"), just like an Onen who may not send a Korban. This reasoning applies to any Korbanos that are not related to the Tzara'as. If, however, the Korban is being brought in order to remove the Tzara'as, the "Tza'ar" should not prevent the Metzora from bringing it.
This explains both the Mishnah and the Beraisa, but it does not answer the question of the Talmidim of Rebbi Shimon bar Yochai. Their question implies that a Nazir who is a Vadai Metzora may bring a Korban for his Nezirus before he becomes Tahor from his Tzara'as, even though he can simply bring the Korban for his Nezirus after he becomes Tahor -- and thus the Korban Nezirus is not part of the process of his Taharah from Tzara'as.
The answer to this question may be as the Chazon Ish explains, that the case is one in which the Nazir already brought his Korban Nezirus before he became a Metzora.
Alternatively, this question might actually be the intention of Rebbi Shimon bar Yochai's response to his Talmidim. Rebbi Shimon bar Yochai ultimately answered that the Tiglachas cannot count for both the Tzara'as and for Nezirus Taharah, because the Metzora brings his Korbanos only after his Tiglachas, while a Nazir brings his Korbanos before his Tiglachas. Most Acharonim understand that this means that the Tiglachos of a Metzora and of a Nazir are qualitatively different, and that is why they must be done separately. However, it is possible that Rebbi Shimon bar Yochai is asking his Talmidim this very question: how could the Metzora perform Tiglachas for Nezirus if he needs to bring a Korban before he may perform the Tiglachas for Nezirus, and he is still a Metzora until after the Tiglachas of Nezirus (when he becomes fit to bring the Korbanos of Metzora)?
The Rambam may have understood the Gemara in this manner based on the way he quotes the continuation of the Gemara. The Gemara continues and says that the Talmidim asked that even if the Tiglachas of a Metzora cannot count as the Tiglachas of a Nazir Tahor for the reason mentioned above, it should count as the Tiglachas of a Nazir Tamei who -- like a Metzora -- brings Korbanos only after his Tiglachas.
Rebbi Shimon bar Yochai responded that a Nazir Tamei must be Tovel for his Tum'ah before his Tiglachas, while a Metzora is Tovel for his Tum'ah only after the Tiglachas. The Acharonim understand that this means that the two haircuts are qualitatively different; one is a "pre-Tevilah" Tiglachas and one is a "post-Tevilah" Tiglachas. The Rambam (Hilchos Nezirus 10:13), however, writes that the reason the second Tiglachas of a Metzora cannot also count as the Tiglachas of a Nazir Tamei is because a Nazir Tamei cannot start counting the seven days that a Nazir Tamei must wait before he shaves (in order for his hair to grow long enough to be shaved) until after the days of Sefirah for his Tzara'as. The KEREN ORAH here asks that the Rambam should have mentioned Rebbi Shimon bar Yochai's reason -- that the two Tiglachos are different! It seems that the Rambam may have understood that this was exactly what Rebbi Shimon bar Yochai replied to his Talmidim: the Nazir Tamei must be Tahor from all Tum'ah before he performs his Tiglachas, and the Metzora only becomes Tahor from his Tzara'as after the Tiglachas. This is exactly what the Rambam writes! Similarly, the Rambam may have understood that the first response of Rebbi Shimon bar Yochai to his Talmidim was that a Metzora cannot perform the Tiglachas of a Nazir Tahor since he cannot send his Korbanos until after he is Tahor from the Tzara'as.
2) A "SAFEK METZORA MUCHLAT" WHO IS A "VADAI NAZIR TAMEI"
QUESTION: The Gemara states that a Nazir who is a Safek Metzora Muchlat and Vadai Tamei Mes may eat Kodshim after 37 days and may drink wine after 74 days. TOSFOS explains that since the Nazir is a Safek Muchlat, he must be Machmir and shave for Tzara'as only at a time when he would be permitted to shave for his Nezirus. Therefore, the first Safek Tiglachas of Metzora is done after the first 7 days have passed, during which the Nazir performs Haza'ah. He shaves on day 8 for the Tiglachas of Nazir Tamei. The same day (day 8) he begins to count the days of Nezirus Taharah in case he is not a Metzora. Thirty days later, he performs a Tiglachas which is the Safek Tiglachas of Nazir Tahor and the Safek second Tiglachas of Metzora Muchlat.
(In the Girsa of our texts, Tosfos writes that he shaves on day 31 of the Nezirus Taharah. However, this is an obvious printing error, as the RASHASH points out, because Tosfos writes that the day after the second Tiglachas (the day on which he may start eating Kodshim) is day 38, counting from the start. If the second Tiglachas is done after 7 plus 31 days, then the following day would be day 39. Tosfos' logic for allowing the Nazir to shave on day 30 rather than on day 31 is that the Rabanan were lenient to allow him to shave on day 30 in order for him to eat Kodshim later. See Tosfos to 55b, DH u'Medakdek.)
Tosfos continues and explains that after these two Tiglachos, the Nazir is certainly no longer a Metzora. However, in case he indeed was a Metzora until now, he must wait another 7 days, after which he performs a Tiglachas which is the Safek Tiglachas of Nazir Tamei, and then he must observe Nezirus for 31 days and then perform a Tiglachas on day 31 for his Nezirus Taharah. On day 75 (7+30+7+31), he may drink wine.
Why does Tosfos write that starting from day 38, the Nazir must count 7 days of Nazir Tamei before his Tiglachas of Nazir Tamei? The only reason a Nazir needs to wait 7 days before his Tiglachas of Nazir Tamei is in order to become Tahor from Tum'as Mes with Haza'ah on the third and seventh days. Tosfos already wrote that this Nazir had his Haza'os performed during the first 7 days, when he was a Safek Metzora, so why should he not be able to bring his Korban of Safek Nazir Tamei immediately after the Tzara'as is over?
The fact that he is a Safek Metzora on the first 7 days should not prevent the Haza'os from being Metaher him, since the Gemara in Zevachim (93a) teaches that Haza'ah may be done for a Nidah in order to be Metaher her from Tum'as Mes. Even though the Mei Chatas becomes Tamei because of Nidus the moment it lands on her, it is still Metaher her from Tum'as Mes. The Sifri Zuta (as cited by the Kesef Mishneh, Hilchos Parah Adumah 11:3) teaches that the same applies to a Zav or Zavah who can become Tahor from Tum'as Mes through Haza'ah, as the Rambam writes (Hilchos Parah Adumah 11:3). Why, then, does the Nazir need to wait another 7 days after he becomes Tahor? (SHITAH MEKUBETZES)
(a) The KEREN ORAH writes that the 7 days that a Nazir Tamei must wait before his Tiglachas are not merely to enable him to become Tahor from Tum'as Mes, but they are a requirement in the Halachah of counting days. Just as an ordinary Nazir must observe 30 days, so, too, a Nazir Tamei must observe 7 days. Just as a Nazir Tahor cannot count his 30 days during days of Tzara'as, a Nazir Tamei cannot count his 7 days during days of Tzara'as. Support for this is found in the Gemara earlier (39b) which says that the Nazir Tamei must wait 7 days before his Tiglachas (see Gemara there).
However, this is a very original approach which is not mentioned in the Gemara or Rishonim.
(b) The SHITAH MEKUBETZES (see also Lechem Mishneh, Hilchos Nezirus 10:12, and Birkas Rosh) explains that the reason why the Nazir Tamei must wait 7 days is that he just had his hair cut for the second Tiglachas of a Metzora. In order to cut his hair again, his hair must grow back for at least 7 days so that it will be considered a Tiglachas. This is indeed the way the Yerushalmi (as cited by the Keren Orah, DH v'Sha'alu) explains this Halachah.
However, this does not seem to be the intention of Tosfos. Tosfos writes that the Nazir Tamei begins his 7-day count only on day 38, the day on which he brings his Korbanos of Metzora. If the reason he needs to wait 7 days is for his hair to grow back, he should begin counting on day 37 immediately after his Tiglachas! (The Shitah Mekubetzes makes this point and indeed argues with Tosfos and says that the Nazir Tamei's 7-day count begins on day 37.) Moreover, if the Nazir Tamei is considered Tahor even before he begins his 7-day count, he should be able to do the Tiglachas on the seventh day and begin his count of Nezirus Taharah on the same day, as Rebbi Akiva says in the Mishnah earlier (44b). Why does Tosfos write that he begins his Nezirus of Taharah on the day following the Tiglachas of Nazir Tamei (on day 8)?
(c) It seems, therefore, that Tosfos has an entirely different approach. Tosfos indeed maintains that Haza'ah cannot be Metaher a Metzora even though it can be Metaher a person from other forms of Tum'ah. Indeed, when the Rambam writes that a person with any Tum'ah may do Haza'ah for Tum'as Mes, he lists as examples only Zav, Zavah, Nidah, and Yoledes, but not Metzora. This is evident as well from what the Rambam writes in Hilchos Nezirus (10:10-12; see Lechem Mishneh there).
The TOSFOS HA'ROSH in Yevamos (71b, DH Arel) writes explicitly that perhaps a Metzora is different from the other forms of Tum'ah and cannot do Haza'ah. Why should a Metzora be different? The Tosfos ha'Rosh explains that a Metzora is compared to a Mes (Nedarim 64b). Since his Tum'ah is similar to that of the Tum'ah of Mes and it will remain after the Haza'ah, the Haza'ah cannot be Metaher him from Tum'as Mes. (See TOSFOS 48a, DH Hachi Garsinan.)
Although the Rambam (Hilchos Nezirus 10:12) writes that the inability to do Haza'ah applies only to a Metzora b'Yemei Chaluto (during the days he is Tamei due to a definite appearance of Tzara'as), while b'Yemei Sefiro (during the days he counts towards his Taharah) he may do Haza'ah, Tosfos apparently maintains that even b'Yemei Sefiro he may not do Haza'ah. Therefore, the Haza'ah of the Nazir Tamei must wait until after his second Tiglachas (when he is a Safek Metzora) and after he brings the Korbanos of a Metzora. Only then may he do Haza'ah -- when the Tum'ah of Metzora is removed from him entirely. This is why Tosfos writes that on day 38 he begins to count 7 days, and on the eighth day -- after the sun has set and he has had "he'Erev Shemesh" -- he then does Tiglachas (for Nazir Tamei) and begins to count his Nezirus Taharah.
According to this explanation, what does the Gemara mean when it says that he may eat Kodshim after day 37? On that day, he is still Tamei with Tum'as Mes for another seven days and he needs Haza'ah, and he may not eat Kodshim! Apparently, the answer is that the Gemara means that he is not a Mechusar Kipurim after day 37 (that is, he does not lack any Korbanos which are necessary to permit him to eat Kodshim). Although it is true that he still may not eat Kodshim, his inability to eat Kodshim is not because he is Mechusar Kipurim but because he is Tamei with Tum'as Mes.