A SHALI'ACH TO BE MEKADESH A WOMAN [line before last of previous Amud]
(R. Yochanan): If Reuven made David a Shali'ach to be Mekadesh an unspecified woman and David died, Reuven may not marry any woman.
We assume that a Shali'ach fulfills his mission. Since Reuven did not specify, we do not know whom David was Mekadesh (If Reuven wants to marry Leah, we must be concerned that a relative of Leah is Mekudeshes to him!)
Question (Reish Lakish - Mishnah): A Ken (two birds that were made Hekdesh; one will be offered for a Chatas, and the other for an Olah) was unspecified (which bird for which Korban). If one of the birds flew away, or died, or became mixed with Chata'os that cannot be offered and must all die, we take another bird to complete the Ken;
Had the birds been specified, the remaining bird could not be offered.
(Summation of question): We are not concerned about other Kinim (that one of the birds is the bird that flew away, and cannot be used for a different Korban). Similarly, we should not be concerned lest the woman whom David was Mekadesh is Leah's relative!
Answer (R. Yochanan): Because women do not roam (their dignity is to stay in the house), the Safek is Kavu'a (fixed), so it is considered an even doubt, and we are stringent;
Birds roam, so we follow the majority.
Question: Perhaps David was Mekadesh a woman in the market, where she is not fixed, and we follow the majority!
Answer: She will return to her fixed residence. This does not apply to birds.
(Rava): R. Yochanan agrees that Reuven may marry Leah if she has no (unmarried) daughter, granddaughter, mother, grandmother or sister.
Even if she has a sister (or another of these relatives), but the sister was divorced (or widowed) after Reuven appointed the Shali'ach, Leah is permitted to Reuven.
Question: We should be concerned lest David was Mekadesh her sister to Reuven!
Answer: One who makes a Shali'ach authorizes him to do something that can be done at that time. (David was not a Shali'ach to Mekadesh the sister, for she was married at the time.)
A SHALI'ACH TO DO SOMETHING THAT CANNOT BE DONE NOW [line 21]
(Mishnah): Reuven said 'I am a Nazir, and it is Alai to bring Korbanos of a Nazir'; Shimon heard this, and said 'I also, and it is Alai to bring Korbanos of a Nazir', if they are clever, each brings the Korbanos of the other. If not, each must bring the Korbanos of another Nazir.
Question: Granted, Shimon fulfills his vow by bringing Reuven's Korbanos. Reuven was already a Nazir when Shimon vowed!
According to Rava, why can Reuven bring Shimon's Korbanos? Shimon was not a Nazir when Reuven vowed!
Conclusion: We must say that Reuven intended to bring Korbanos of a Nazir', even if the person was not a Nazir at the time of the vow.
We should likewise say that the Shali'ach was appointed to be Mekadesh a woman, even if she was divorced only later!
Answer: A person can appoint a Shali'ach only to do something that he could do now.
Question (Beraisa - R. Yoshiyah): If Reuven told the overseer of his house 'annul any vows my wife makes until I return from my trip', the overseer's annulment does not work - "her husband will affirm her vows, her husband will annul them";
R. Yonasan says, we always find that a man's Shali'ach is considered like the man himself.
If not for the verse, R. Yoshiyah would agree that the overseer can annul the vows, even though the husband could not do this now!
(Beraisa): If Reuven told his wife 'I now affirm any vows you will make from now until I return', this does not take effect;
R. Eliezer says, if he said 'they should be annulled', they are annulled;
Chachamim say, they are not annulled.
Assumption: R. Yoshiyah holds like Chachamim. Even though the husband cannot annul the vows now, his Shali'ach would be able to annul them later, if not for the verse!
Answer: R. Yoshiyah holds like R. Eliezer, that the husband could annul the vows now.
Question: If so, why does he appoint a Shali'ach? He should annul the vows himself!
Answer: He fears lest he not annul them, out of forgetfulness, anger or distraction. (Rosh - even though he could annul them now, even in front of his wife, he wants her to know that he annulled them, lest she think that she transgresses. Tosfos - it is easier to understand according to Chachamim, who say that even he cannot annul until he hears them.)
KORBANOS OF A HALF-NAZIR [line 24]
(Mishnah - R. Meir): If Reuven said 'it is Alai to bring the Korbanos of a half-Nazir', and Shimon heard this and said 'also I, it is Alai to bring the Korbanos of a half-Nazir', each must bring Korbanos of a full Nazir;
Chachamim say, each brings the Korbanos of a half-Nazir.
(Gemara - Rava): All agree that if he said 'half the Korbanos of a Nazir are incumbent Alai to bring', he brings half the Korbanos of Nazir';
All agree that if he said 'the Korbanos of a half-Nazir are Alai to bring', he must bring all the Korbanos of a Nazir';
This is because we do not find half-Nezirus.
They argue in the case of the Mishnah, when he said 'it is Alai to bring the Korbanos of a half-Nazir';
R. Meir says, once he said 'it is Alai', he must bring all the Korbanos of a Nazir. After this he cannot retract;
Chachamim say, his vow to bring all the Korbanos is accompanied by a Pesach (a reason to say that he erred, which justifies permitting his vow).
A VOW TO BE A NAZIR WHEN HE HAS A CHILD [line 36]
(Mishnah): If one said 'I will be a Nazir when I have a son', and a son was born to him, he is a Nazir. If a girl, Tumtum or Androginus was born, he is not a Nazir;
If he said 'I will be a Nazir when I have a child', even if a girl, Tumtum or Androginus was born, he is a Nazir.