NAZIR 54 (25 Adar) - Dedicated l'Iluy Nishmas Leah Rosenbaum, who passed away on 25 Adar I 5779, in honor of her 2nd Yahrzeit. Sponsored by her son, Ze'ev Rosenbaum of Yerushalayim.

1)

(a)Rav Yehudah cites another Beraisa which explains the Pasuk in Chukas "v'al ha'Noge'a ba'Etzem O b'Chalal O ba'Mes O ba'Kaver". What does the Tana learn from ...

1. ... "ba'Etzem"?

2. ... "b'Chalal"?

3. ... "ba'Mes"?

(b)Like whom do we initially establish Reish Lakish, who learns from "O ba'Kaver" that graves from before Matan Torah are Metamei; like the Rabanan (who hold that graves of Nochrim are Metamei), or Rebbi Shimon (who holds that they are not)?

(c)Considering that even Rebbi Shimon agrees that their graves are Metamei through touching (which is what we are currently talking about), the Kashya remains. How do we therefore establish Reish Lakish even by Jewish graves?

1)

(a)Rav Yehudah cites another Beraisa which explains the Pasuk in Chukas "v'Al ha'Noge'a ba'Etzem O b'Chalal O ba'Mes O ba'Kaver". The Tana learns from ...

1. ... "ba'Etzem" - that a bone the size of a barley is Metamei through touching.

2. ... "b'Chalal" - to include a limb that was severed from a living person.

3. ... "ba'Mes" - to include a limb that was severed from a corpse.

(b)We initially establish Reish Lakish, who learns from "O ba'Kaver" that graves from before Matan Torah are Metamei - like Rebbi Shimon, who says that graves of Nochrim are not Metamei b'Ohel (because according to the Rabanan, who says that they are, no Pasuk is necessary).

(c)Considering that even Rebbi Shimon agrees that their graves are Metamei through touching (which is what we are currently dealing with), the Kashya remains. We therefore establish Reish Lakish (not by the graves of Nochrim from before Matan Torah, but) by the graves of Jews from before this Parshah was said.

2)

(a)What problem do we have with the Derashah from "O ba'Mes", 'Zeh Eiver ha'Nechlal min ha'Mes'?

(b)Which additional ruling does Reish Lakish therefore extrapolate from there?

(c)Rebbi Yochanan establishes the Beraisa even by a bone that is the size of a barley. How does he then resolve the problem from "ha'Nogei'a ba'Etzem"?

(d)What Kashya do we ask on the Lashon of the Beraisa according to Rebbi Yochanan?

2)

(a)The problem with the Derashah from "O ba'Mes", 'Zeh Eiver ha'Nechlal min ha'Mes' is - that assuming the bone to be the size of a barley, seeing as we are speaking about the Tum'ah of touching, this is simply a duplication of the Pasuk "ha'Noge'a ba'Etzem".

(b)Reish Lakish therefore extrapolates from there - that even if the bone that the Nazir touches is less than the size of a barley he must shave and begin his Nezirus all over again (as we learned at the beginning of the Sugya).

(c)Rebbi Yochanan establishes the Beraisa even by a bone that is the size of a barley. He resolves the problem from "ha'Noge'a ba'Etzem" - by establishing it when the person (did not touch it, but, based on the principle 'Im Eino Inyan' [what need not be stated intrinsically, is used for something else]) carried it.

(d)The Kashya on the Lashon of the Beraisa according to Rebbi Yochanan is - why did the Tana say 'Zeh Eiver ha'Nechlal min ha'Mes' and not 'Zu Etzem k'Se'orah'?

3)

(a)The Tana of our Mishnah concludes 'u'Mazeh ba'Shelishi uva'Shevi'i v'Soser, v'Eino Maschil Limnos ad she'Yit'har'. We ask whether he holds like Rebbi Eliezer or like the Rabanan. To which Machlokes are we referring?

(b)We resolve this She'eilah from the next Mishnah, which states (regarding the cases where a Nazir does not shave) 'u'Maschil u'Moneh Miyad'. What do we infer from there?

3)

(a)The Tana of our Mishnah concludes 'u'Mazeh ba'Shelishi uva'Shevi'i v'Soser, v'Eino Maschil Limnos Ad she'Yit'har'. We ask whether he holds like Rebbi Eliezer - who permits a Nazir who became Tamei to count already from the seventh day, or like the Rabanan - who forbid him to begin counting until he has brought his Korbanos on the eighth.

(b)We resolve this She'eilah from the next Mishnah, which states (regarding the cases where a Nazir does not shave) 'u'Maschil u'Moneh Miyad' - implying that in our Mishnah (which deals with cases where a Nazir is obligated to shave) he must wait until the eighth day (like the Rabanan).

4)

(a)Our Mishnah now discusses 'Sechachos, Pera'os, Beis ha'Pras, Eretz ha'Amim, v'ha'Golel, veha'Dofek, u'Revi'is Dam, v'Ohel (ha'Mes), v'Rova Atzamos, v'Kelim ha'Nog'im b'Mes, uvi'Yemei Sefiro, uvi'Yemei Gamro'. What do they all have in common?

(b)'Beis ha'Pras' is a field in which a grave was dug up. Up to what distance from the grave constitutes a Beis ha'Pras?

(c)Why did the Rabanan enact this decree?

(d)What is meant by 'Eretz ha'Amim'?

4)

(a)Our Mishnah now discusses 'Sechachos, Pera'os, Beis ha'Pras, Eretz ha'Amim, veha'Golel, veha'Dofek, u'Revi'is Dam, v'Ohel (ha'Mes), v'Rova Atzamos, v'Kelim ha'Nog'im b'Mes, uvi'Yemei Sefiro, uvi'Yemei Gamro' - all of which do not cause a Nazir to shave and begin his Nezirus all over again.

(b)'Beis ha'Pras' is a field in which a grave was dug up. Up to - one hundred Amos from the grave in all directions constitutes a Beis ha'Pras.

(c)The Rabanan enacted this decree - because of bones the size of a barley that may have been carried up to that distance by the plow.

(d)What is meant by 'Eretz ha'Amim' is - a Tum'ah d'Rabanan which Chazal decreed upon all countries outside Eretz Yisrael.

5)

(a)According to Rashi in Kesuvos, 'Golel' is the cover of the coffin, and 'Dofek' is the sides. Rabeinu Tam disagrees on the basis of a Sugya in Chulin, where it appears that they are both visible at ground level. How does Rabeinu Tam therefore define them?

(b)With regard to Revi'is Dam, Ohel (ha'Mes) and Rova Atzamos, why did the Tana choose to say 'Revi'is rather than 'Pachos me'Chatzi Log'?

(c)From where do we learn that a Nazir does not need to shave on vessels that touched a Mes?

(d)Why strictly speaking, does the ruling 'al Eilu Ein ha'Nazir Megale'ach' not pertain to Yemei Sefiro and Yemei Gomro of a Metzora (which we are about to define)?

5)

(a)According to Rashi in Kesuvos, 'Golel' is the cover of the coffin, and 'Dofek' is the sides. Rabeinu Tam disagrees on the basis of a Sugya in Chulin, where it appears that they are both visible at ground level. He therefore defines them as - the tombstone and the stones that support it (respectively).

(b)With regard to Revi'is Dam, Ohel (ha'Mes) and Rova Atzamos, the Tana chose to say 'Revi'is rather than 'Pachos me'Chatzi Log' - because he is merely following the precedent set in the Mishnah in Ohalos.

(c)We learn that a Nazir does not need to shave on vessels that touched a Mes - from the Pasuk "v'Chi Yamus Mes Alav" (implying that he only shaves on a dead person, but not on Tamei vessels).

(d)Strictly speaking, the ruling 'al Eilu Ein ha'Nazir Megale'ach' does not really pertain to Yemei Sefiro and Yemei Gomro of a Metzora (which we are about to define) - because , even though they do not have to shave because of their Nezirus Tum'ah, they do have to shave because of their Tzara'as.

6)

(a)The list in our Mishnah includes Yemei Sefiro and Yemei Gamro. What is 'Yemei' ...

1. ... Gamro'?

2. ... Sefiro'?

(b)Having listed ...

1. ... 'Yemei Sefiro', why does the Tana need to add 'Yemei Gamro'?

2. ... 'Yemei Gamro', why does he need to add 'Yemei Sefiro'?

(c)What problem do we nevertheless have with the fact that the Tana mentions Yemei Gamro?

(d)'u'Mazeh ba'Shelishi uva'Shevi'i' pertains to 'Revi'is Dam', 'Golel' and 'Dofek'. Why can it not pertain to ...

1. ... 'Kelim ha'Nog'in b'Mes'?

2. ... 'Yemei Gamro' and 'Yemei Sefiro'?

6)

(a)The list in our Mishnah includes Yemei Sefiro and Yemei Gamro. 'Yemei ...

1. ... Gamro' is - the days that a Metzora has been declared a Tamei Muchlat

2. ... Sefiro' is - the seven days that he has to wait outside his 'tent' after the Tzara'as has healed and he has brought his first set of Korbanos.

(b)Having listed ...

1. ... Yemei Sefiro, the Tana nevertheless needs to add Yemei Gamro - because we might otherwise have thought that, since Yemei Gamro are more stringent, they will demolish the Nezirus completely.

2. ... Yemei Gamro, he still needs to add Yemei Sefiro - because we might otherwise have thought that, since Yemei Sefiro are more lenient, they will even be included in the thirty days of Nezirus.

(c)The problem with the fact that the Tana mentions Yemei Gamro is - that it should have sufficed to insert only Yemei Sefiro in the Mishnah, because if, as we suggested, Yemei Gamro would demolish the Nezirus completely, what would be the point of inserting Yemei Sefiro (seeing as the Nezirus will have already terminated with the Yemei Gamro)?

(d)'u'Mazeh ba'Shelishi uva'Shevi'i pertains to 'Revi'is Dam', 'Golel' and 'Dofek'. It cannot however, pertain to ...

1. ... 'Kelim ha'Nog'im b'Mes' - because, as we will explain later, the Tana is talking about wooden vessels, and someone who touches them does not require sprinkling with ashes of the Parah Adumah.

2. ... 'Yemei Gamro' and Yemei Sefiro' - do not require sprinkling either.

7)

(a)In all of these cases, the days of Tum'ah are not included in the thirty days of Nezirus. Do they demolish the days that the Nazir already counted prior to his becoming Tamei?

(b)Does he bring the Korbanos that a Nazir Tamei normally has to bring?

(c)What problem does Rashi have with the fact that, in the case of 'Kelim ha'Nog'im b'Mes', the Nazir does not count the days of Tum'ah in the days that he already counted?

(d)What does the Tana say about a Nazir who became a Zav, a Zavah or a Metzora Musgar? What is the case of a Metzora Musgar?

7)

(a)In all of these cases, the days of Tum'ah are not included in the thirty days of Nezirus - neither do they demolish the days that the Nazir already counted prior to his becoming Tamei.

(b)Nor does he need to bring the Korbanos that a Nazir Tamei normally has to bring.

(c)The problem that Rashi has with the fact that, in the case of 'Kelim ha'Nog'im b'Mes', the Nazir does not count the days of Tum'ah in the days that he already counted is - that we will later establish the case by vessels that are not made of metal and which only become Tamei for the day of contact. And in that case, that day (from the time that he Toveled) that should be included too, as we already learned.

(d)The Tana says that if a Nazir who became a Zav, a Zavah or a Metzora Musgar (who was locked-up, and during the seven days of Hesger, his Tzara'as either remained static or faded) - the days of Tum'ah are included in the days of Nezirus.

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8)

(a)We have already discussed the interpretation of 'Sechachos' describing it as 'a stone wall'. Why is this not considered a Tum'ah d'Oraisa?

(b)What is the other description of 'Sechachos'?

(c)Why is this not an Ohel d'Oraisa?

(d)According to the former interpretation of 'Sechachos', where is the stone wall situated? Who is buried underneath one of the projecting stones?

8)

(a)We have already discussed the interpretation of 'Sechachos' describing it as 'a stone wall'. This is not considered a Tum'ah d'Oraisa - because it is situated in a public domain, and we have a principle 'Safek Tum'ah bi'Reshus ha'Rabim, Tahor'.

(b)The other description of Sechachos is - a tree whose branches are spread out over the ground, under one of which is lying a k'Zayis from a Mes.

(c)This is not an Ohel d'Oraisa - because the branches are not close enough together (as the Gemara in Nidah explains), neither is there an opening of a Tefach to allow the Tum'ah to spread.

(d)According to the interpretation of 'Sechachos' - the stone wall is situated right beside a cemetery, and a still-born baby is buried underneath one of the projecting stones.

9)

(a)Included in the list of things on which a Nazir does not shave is 've'Eretz ha'Amim'. Assuming that Chazal decreed even on the air of Eretz ha'Amim, then it would even be forbidden to enter it in a wagon or a boat, or to stand on a bridge there. What is be the alternative interpretation of the decree?

(b)According to the latter interpretation, on what condition will one be able to travel there in a 'Shidah, Teivah or Migdal' (various kinds of large box-like contraptions) without becoming Tamei?

(c)Why would Chazal have decreed Tum'ah ...

1. ... on the air of Chutz la'Aretz (a decree that is even more stringent than Tum'as Ohel)?

2. ... on the ground (with the same specifications as Tum'as Ohel)?

(d)According to Rebbi Yakov from Orleans, the Mishnah in Ohalos, which (in spite of our Sugya) implies that there is no Tum'as Ohel on the earth of Chutz la'Aretz, speaks about loose earth that was imported from Chutz la'Aretz to Eretz Yisrael. How does Rabeinu Tam explain it ...

1. ... initially?

2. ... in his second answer (which establishes the Mishnah after the decree)? What distinction does he draw between Tum'as Ohel and Tum'as Eretz ha'Amim?

9)

(a)Included in the list of things on which a Nazir does not shave is 've'Eretz ha'Amim'. Assuming that they decreed even on the air of Eretz ha'Amim, then it would even be forbidden to enter it in a wagon, or a boat, or to stand on a bridge there. Alternatively - they decreed on the earth of Chutz la'Aretz (as if it was full of graves), and not on the air.

(b)According to the latter interpretation, one will one be able to travel there in a 'Shidah, Teivah or Migdal' (various kinds of large box-like contraptions) without becoming Tamei - if they provided they are sufficiently large to hold at least forty Se'ah.

(c)Chazal decreed Tum'ah ...

1. ... either on the air of Chutz la'Aretz (a decree that is even more stringent than Tum'as Ohel) - to discourage people from leaving Eretz Yisrael (bearing in mind that they were extremely sensitive about Tum'ah in former times).

2. ... or on the ground (with the same specifications as Tum'as Ohel) - on account of the corpses of those who died in the time of the flood, or on account of the many Jews who were killed in Chutz la'Aretz.

(d)According to Rebbi Yakov from Orleans, the Mishnah in Ohalos, which (in spite of our Sugya) implies that there is no Tum'as Ohel on the earth of Chutz la'Aretz, speaks about loose earth that was imported from Chutz la'Aretz to Eretz Yisrael. Rabeinu Tam ...

1. ... initially - establishes the Mishnah in the early stages of the decree, when they had already decreed on the earth but had not yet decreed on the air.

2. ... in his second answer (which establishes the Mishnah even after the decree) - draws a distinction between Tum'as Ohel (where even a person who sticks his hand over a grave is Tamei Tum'as Ohel, and Tum'as Eretz ha'Amim (where Chazal decreed that he is only Tamei b'Ohel if his head and most of him is actually bent over the earth (whereas the Tana in Ohalos is speaking when he stuck only his hand in).

10)

(a)We try to resolve the She'eilah (on which did Chazal decree) from our Mishnah, which, after including 'Tum'as Eretz ha'Amim' in the list, concludes 'u'Mazeh ba'Shelishi uva'Shevi'i'. What do we try to prove from there?

(b)How do we refute that proof? How could the Tana hold 'Mishum Avira' in spite of the Mishnah?

(c)How do we substantiate this from 'Kelim ha'Nog'im b'Mes', which the Tana also includes in his list?

(d)How do we know the Tana is not referring to metal vessels, which render whoever touched them Tamei for seven days, and require him to be sprinkled on the third and seventh days?

10)

(a)We try to resolve the She'eilah from our Mishnah, which, after including 'Tum'as Eretz ha'Amim' in the list, concludes 'u'Mazeh ba'Shelishi uva'Shevi'i' - which would not be possible if they had decreed Tum'ah on the air (seeing as the Tum'ah applies even if there is a divider between the earth and the person, rendering it quite unlike a regular Tum'as Ohel. Consequently, they would not have given it the stringencies of a regular case of Tum'as Ohel).

(b)We refute this proof however, on the grounds - that if the Tana holds that Chazal decreed on the air, then the Din of sprinkling will refer to the other cases but not to Tum'as ha'Amim.

(c)We substantiate this from 'Kelim ha'Nog'im b'Mes', which the Tana also includes in his list - even though it is obvious that the Din of Haza'ah cannot apply to them, because (seeing as the Tana is talking about wooden vessels or other vessels not made of metal, someone who touched them will not even be Tamei for seven days (only for one). Consequently, Tum'as Ohel will certainly not apply to it.

(d)The Tana cannot be referring to metal vessels, which render whoever touched them Tamei for seven days, and require him to be sprinkled on the third and seventh days - because then, based on the principle 'Cherev Harei Hu k'Chalal', a Nazir would also be obligated to shave (and our Mishnah is specifically dealing with cases where he is not).

11)

(a)In which of these latter rulings does Rebbi Chayim Kohen disagree with Rabeinu Tam?

(b)What does he therefore say about establishing our Mishnah by metal vessels (which do require sprinkling)?

(c)The Sifri learns from the Pasuk in Chukas "v'Chibastem Bigdeichem ba'Yom ha'Shevi'i" that clothes that touch a person who touched a Mes are Tamei for seven days. Does this mean that the Torah equates clothes with metal vessels as regards Tum'as Ohel?

11)

(a)Rebbi Chayim Kohen disagrees with Rabeinu Tam - in his ruling that a Nazir shaves on metal vessels, because anything on which a Nazir shaves, is Metamei because of Tum'as Ohel, and a Kohen is forbidden to enter (as it is stated in Maseches Semachos). If that were so, he argues, no Kohen will be permitted to enter a house in which anybody died, if it contains a sword or even a nail (which is inconceivable).

(b)According to him therefore - we do not refute the proof and establish our Mishnah by metal vessels (which do require Haza'ah), because we could then bring a proof from 'Yemei Sefiro' and 'Yemei Gamro' (which do not).

(c)The Sifri learns from the Pasuk in Chukas "v'Chibastem Bigdeichem ba'Yom ha'Shevi'i" that 'clothes' that touch a person who touched a Mes are Tamei for seven days. This does not mean that the Torah equates clothes with metal vessels as regards Tum'as Ohel - because by 'clothes' the Torah means metal ornaments (in the same way as the golden Tzitz worn by the Kohen Gadol is included in the 'Bigdei Kehunah').