NAZIR 55 (3 Cheshvan) - dedicated l'Iluy Nishmas Shlomo Mordechai ben Yakov Sobol, in honor of his son Aaron.

1)

(a)How do we try to resolve our She'eilah (whether the decree of 'Eretz ha'Amim' is because of 'Avira' or 'Gusha'), from the Beraisa in which Rebbi renders Tamei someone who enters a land in Chutz la'Aretz in a Shidah, Teivah or Migdal, whereas Rebbi Yosi b'Rebbi Yehudah declares him Tahor?

(b)We refute this proof however, in that both might well hold 'Mishum Gusha' (following our text [that of Rabeinu Chananel]). In that case, what is the reason of Rebbi who renders him Tamei?

(c)Rebbi Yosi b'Rebbi Yehudah then holds 'Ohel Zaruk Shmei Ohel'. What does Rebbi Yosi b'Rebbi Yehudah himself say in another Beraisa about someone who ...

1. ... throws a box-full of vessels over a Mes?

2. ... passes a corpse over a box-full of vessels when it is static?

(d)How do we reconcile the Reisha of this latter Beraisa (where Rebbi Yosi b'Rebbi Yehudah seems to hold 'Ohel Zaruk Lo Shmei Ohel' (like Rebbi) with the previous Beraisa, (where he argues with him)?

1)

(a)We try to resolve our She'eilah (whether the decree of 'Eretz ha'Amim' is because of 'Avira' or 'Gusha'), from the Beraisa - where Rebbi, who renders Tamei someone who enters a land in Chutz la'Aretz in a Shidah, Teivah or Migdal, holds 'Mishum Avira', whereas Rebbi Yosi b'Rebbi Yehudah, who declares him Tahor, holds 'Mishum Gusha'.

(b)We refute this proof however, in that both might well hold 'Mishum Gusha' (following our text [that of Rabeinu Chananel], and the reason of Rebbi who renders him Tamei is - because he holds 'Ohel Zaruk Lo Shmei Ohel'.

(c)Rebbi Yosi b'Rebbi Yehudah holds 'Ohel Zaruk Shmei Ohel'. In another Beraisa however, he himself says that ...

1. ... if someone throws a box-full of vessels over a Mes - the vessels become Tamei.

2. ... if he passes the corpse over a box-full of vessels when it is static - they will remain Tahor.

(d)To reconcile Rebbi Yosi b'Rebbi Yehudah in the Reisha of this latter Beraisa with his opinion in the previous Beraisa - we explain that he does not consider this latter case an Ohel at all. This is because it is flying in the air (much like a flapping flag that is tied to a post, where everyone agrees that 'Ohel Zaruk Lo Shmei Ohel'); and it is only in our case, where the Ohel is being carried by people or by animals, whose feet are on the ground that he holds 'Shmei Ohel'

2)

(a)Having established that they both hold 'Mishum Avira', what is the reason of Rebbi Yosi b'Rebbi Yehudah, who holds that he is Tahor?

(b)Consequently, the author of the Beraisa 'ha'Nichnas l'Eretz ha'Amim b'Shidah, Teivah u'Migdal Tahor; b'Karon uvi'Sefinah uve'Iskarya, Tamei' must be Rebbi Yosi b'Rebbi Yehudah. What will Rebbi say there?

(c)Alternatively, they both hold 'Mishum Gusha' and 'Ohel Zaruk Shmei Ohel. What then, is the basis of their Machlokes?

(d)Why does Rebbi Yosi b'Rebbi Yehudah differentiate between a Shidah, Teivah and Migdal, and a wagon or a boat, whereas Rebbi does not?

2)

(a)So we have established that they both hold 'Mishum Avira'. The reason of Rebbi Yosi b'Rebbi Yehudah, who holds that he is Tahor is then - because it is unusual to be transported in a Shidah, Teivah u'Migdal', and we have a principle 'Milsa d'Lo Shechicha, Lo Gazru Bah Rabanan'.

(b)Consequently, the author of the Beraisa 'ha'Nichnas l'Eretz ha'Amim b'Shidah, Teivah u'Migdal Tahor; b'Karon uvi'Sefinah uve'Iskarya, Tamei' must be Rebbi Yosi b'Rebbi Yehudah. Rebbi will hold - that they decreed even by a Shidah, Teivah and Migdal, even though they are not common).

(c)Alternatively, they both hold 'Mishum Gusha' and 'Ohel Zaruk Shmei Ohel. The basis of their Machlokes will then be - when the person only stuck out his hand (and not his head and most of his body). According to Rebbi - Chazal decreed on account of someone who stuck out his head and most of his body; whereas according to Rebbi Yosi b'Rebbi Yehudah, they did not.

(d)The reason that Rebbi Yosi b'Rebbi Yehudah differentiates between a Shidah, Teivah and Migdal and a wagon or a boat is - because it is difficult to stick out one's head and body from the former, but easy to do so from the latter.

3)

(a)We learned in our Mishnah that Yemei Sefiro and Yemei Gamro do not count in the days of Nezirus. How does Rav Chisda qualify this?

(b)Rav Sheravya asks on him from our Mishnah, which says 've'Eino Soser Es ha'Kodmin u'Maschil u'Moneh Miyad', implying that he is obligated to start counting from the beginning, and that he cannot count the days of Tzara'as in the days of Nezirus. How does Rav Sheravya know that the Tana is not talking about a short Nezirus?

(c)How does Rav Sheravya establish our Mishnah to answer his own Kashya?

(d)How will we then define the difference between the small Nezirus and the large Nezirus of Rav Chisda? What does small Nezirus mean in this context?

3)

(a)We learned in our Mishnah that Yemei Sefiro and Yemei Gamro do not count in the days of Nezirus - which Rav Chisda restricts to a small Nezirus (of thirty days).

(b)Rav Sheravyah asks on him from our Mishnah, which says 'v'Eino Soser Es ha'Kodmin u'Maschil u'Moneh Miyad', implying that he is obligated to start counting from the beginning, and that he cannot count the days of Tzara'as in his days of Nezirus, which cannot be talking about a short Nezirus - because if it was, how could the Tana say 'v'Eino Soser Es ha'Kodmin' (seeing as the Nazir will in any case require another thirty days growth).

(c)Rav Sheravyah answers his own Kashya - by establishing our Mishnah by a Nezirus of fifty days, twenty of which have already passed when he contracts Tzara'as (which is the equivalent to the small Nezirus of Rav Chisda).

(d)We will define the small Nezirus (of Rav Chisda) - as one which will leave the Nazir only thirty days after the termination of his Tzara'as (irrespective of how many days he already counted before he contracted Tzara'as; that of the large Nezirus is - one which leaves him with thirty-one or more days after the Tzara'as has terminated (because however many days above thirty remain, he will be able to count the equivalent number of his days of Tzara'as in the new count).

4)

(a)How is it possible to establish our Mishnah by a Nezirus of forty days?

4)

(a)It is possible to establish our Mishnah by a Nezirus of forty days - if he contracted Tzara'as after ten days (instead of twenty).

55b----------------------------------------55b

5)

(a)Rami bar Chama questions Rav Chisda from a Mishnah in Shnei Nezirim 'Nazir she'Hayah Tamei b'Safek u'Muchlat b'Safek'. What are the two Sefeikos? Is he also a Safek Nazir?

(b)After how long will he be permitted ...

1. ... to eat Kodshim?

2. ... to drink wine and to become Tamei Mes?

(c)If he is Vaday Tamei and Vaday Muchlat, after how long will he be permitted ...

1. ... to eat Kodshim?

2. ... to drink wine and to become Tamei Mes (see Rashi, top of 56a.)?

(d)It is only because of his Safek Tzara'as that he is forbidden to eat Kodshim, but not because of his Safek Nezirus Tamei. Why is that?

5)

(a)Rami bar Chama questions Rav Chisda from a Mishnah in Shnei Nezirim, 'Nazir she'Hayah Tamei b'Safek u'Muchlat b'Safek'. The two Sefeikos are - Safek Nezirus Tamei and Safek Metzora Muchlat, but he is a Vadai Nazir.

(b)He will he be permitted ...

1. ... to eat Kodshim - after sixty days.

2. ... to drink wine and to become Tamei Mes - after a hundred and twenty days.

(c)If he is Vadai Tamei and Vadai Muchlat, he will be permitted ...

1. ... to eat Kodshim - after seven days (after bringing his Korbanos [seven days after his first shave]).

2. ... to drink wine and to become Tamei Mes - after forty-four days, seven for the second set of seven days [after bringing his Korbanos Metzora], and thirty for his Nezirus).

(d)It is only because of his Safek Tzara'as that he is forbidden to eat Kodshim, but not because of his Safek Nezirus Tamei - because the Isur to eat Kodshim is that of a Mechusar Kipurim, which is confined to Tum'ah that comes from the body (such as that of a Metzora, but not of external Tum'os, such as that of a Tamei Mes).

6)

(a)At the end of thirty days, he brings first the two birds for his Tzara'as, then the Chatas ha'Of for his Safek Nezirus Tum'ah, and then the Olas Beheimah for his Safek Nezirus Taharah (all with a condition that if necessary, they will be Korbenos Nedavah). What is the point of bringing his Korbenos Nezirus then? Is he permitted to shave?

(b)Why can he not ...

1. ... eat Kodshim there and then?

2. ... shave in seven days time and eat Kodshim then?

6)

(a)At the end of thirty days - he brings first the two birds for his Tzara'as, then the Chatas ha'Of for his Safek Nezirus Tum'ah, and then the Olas Beheimah for his Safek Nezirus Taharah (all with a condition that if necessary, they will be Korbenos Nedavah). He brings his Korbenos Nezirus then - because, as we have already learned, he can shave on any one of his Korbanos.

(b)He cannot ...

1. ... eat Kodshim there and then - because if he is a Metzora Muchlat, he will require a second shaving in seven days time.

2. ... shave in seven days time and eat Kodshim then - because he may be a Nazir Tahor, who is not permitted to shave before the termination of his Nezirus.

7)

(a)How do we then account for the sixty days until he is permitted to eat Kodshim? What is the significance of the second set of thirty days?

(b)He then brings his Olas Beheimah for his Nezirus Taharah and shaves. On the following day he brings the Chatas ha'Of for his Tzara'as, and is permitted to eat Kodshim. Assuming he is not a poor man, what is the problem with bringing a Chatas Beheimah for his Tzara'as?

(c)How can he circumvent this problem?

(d)According to Rebbi Shimon, the Nazir can also bring his Asham then (and make a condition that if necessary, it should be a Nedavah). What will he do according to the Rabanan (who hold that one cannot make a condition on an Asham)?

7)

(a)The sixty days until he is permitted to eat Kodshim is - due to the fact that, if he was Tamei, the first thirty days will have covered his days of Nezirus Tum'ah, and it is only during the second set of thirty days that he counts the days of his Nezirus Taharah.

(b)He then brings his Olas Beheimah for his Nezirus Taharah and shaves. On the following day he brings the Chatas ha'Of for his Tzara'as, and is permitted to eat Kodshim. Assuming he is not a poor man, the problem with bringing a Chatas Beheimah for his Tzara'as is - that one cannot bring a Chatas Beheimah on a Safek.

(c)He can circumvent the problem - by declaring his property Hefker, in which case he will have to bring a Chatas ha'Of (the Korban of a poor Metzora), who can.

(d)According to Rebbi Shimon, the Nazir can also bring his Asham then (and make a condition that if necessary, it should be a Nedavah). According to the Rabanan (who hold that one cannot make a condition on an Asham) - there is no problem anyway, because the Asham is not crucial to the Kaparah of a Nazir.

8)

(a)Which Korbanos does he bring on ...

1. ... the ninetieth day?

2. ... hundred and twentieth day?

(b)Why is he not yet permitted to drink wine and become Tamei Mes after ninety days?

8)

(a)On ...

1. ... the ninetieth day - he brings the Korbanos of a Tahor Nazir and of a Nazir Tamei (but not those of a Metzora, seeing as he has already covered all contingencies of Tzara'as).

2. ... hundred and twentieth day - he only brings the Korbanos of a Nazir Tahor, and makes a condition that they should be a Korban Nedavah should he already have been Yotzei.

(b)He is not yet permitted to drink wine and become Tamei Mes after ninety days - in case he is a Metzora Muchlat and a Nazir Tamei, in which case his Nezirus Taharah only terminates on the hundred and twentieth day.

9)

(a)Why must the first shaving have taken place on the thirtieth day and not on the thirty-first?

(b)On what grounds did Chazal permit him to do this, and not to wait for the thirty-first day and the sixty-first day, for which a Nazir would normally have had to wait (l'Chatchilah)?

(c)In fact, Chazal are even more lenient than this. On which day, after his second shaving, is he permitted to ...

1. ... Tovel?

2. ... eat Kodshim?

(d)When does he shave for the third and fourth times?

9)

(a)The first shaving must have taken place on the thirtieth day and not on the thirty-first - because if it had taken place on the thirty-first, then the Nazir would not have been permitted to eat Kodshim until the sixty-second day (and the Lashon 'l'Achar Shishim Yom') would have been inappropriate.

(b)Chazal permitted him to do so (reinstating the Torah law), and not to wait for the thirty-first day and the sixty-first day, for which a Nazir would normally have had to wait (l'Chatchilah) - in order to permit him to eat Kodshim as early as possible.

(c)In fact, Chazal are even more lenient than this, and after his second shaving, he is permitted to ...

1. ... Tovel - already on the fifty-ninth day.

2. ... eat Kodshim - on the sixtieth (in spite of the Lashon 'l'Achar Shishim').

(d)He shaves for the third and fourth times - on the ninety-first and hundred and twenty-first days respectively (seeing as they do not come to permit him to eat Kodshim, though Tosfos seem to contradict themselves from the bottom of 55b to the top of 56a).

10)

(a)The Beraisa restricts the Din in the Mishnah to a 'short' Nezirus of less than a year. In the case of a one-year Nezirus, the Safek Nazir Tamei, Safek Metzora Muchlat will only be permitted to eat Korbanos after two years. Why is that?

(b)And why will he have to wait as long as four years before being permitted to drink wine and make himself Tamei Mes?

(c)What does Rami bar Chama ask from this Beraisa on Rav Chisda (who holds that the days of Tzara'as count in his term of [a long] Nezirus)? When should he be able to drink wine and make himself Tamei Mes according to him?

(d)What does Rav Chisda say to Rami bar Chama's Kashya?

10)

(a)The Beraisa restricts the Din in the Mishnah to a 'short' Nezirus of less than a year. In the case of a one-year Nezirus, the Safek Nazir Tamei, Safek Metzora Muchlat will only be permitted to eat Korbanos after two years - because, seeing as he may be a Nazir Tahor, he will not be able to shave the first shaving for his Tzara'as until then.

(b)And he will have to wait as long as four years before being permitted to drink wine and make himself Tamei Mes - one year because he may be a Muchlat, another year in case he is not a Muchlat but a Nazir Tamei, a third year in case he is a Muchlat and a Nazir Tahor, and a fourth year because he may be both a Muchlat and a Nazir Tamei.

(c)Rami bar Chama queries Rav Chisda (who holds that the days of Tzara'as count in his term of [a long] Nezirus) - in that, according to him, when the Nazir arrives at the fourth year of Nezirus Taharah, why does the year of Muchlat not count for his term of Nezirus, so that all he should still require for his Nezirus Taharah to terminate is the thirty days for his hair to grow?

(d)Rav Chisda - has no answer to Rami bar Chama's Kashya.

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