NAZIR 2 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

1)

KINUYIM FOR NEZIRUS (Yerushalmi Perek 1 Halachah 1 Daf 1a)

[ ] '

(a)

(Mishnah): All Kinuyim (substitute names) for Nezirus are like [expressions of] Nezirus;

"

(b)

If one said 'I will be', he is a Nazir, or [if he said] 'I will be beautiful', [he is] a Nazir;

"

(c)

[If one said] 'Nazik', 'Nazi'ach', or 'Pazi'ach', he is a Nazir. If he said 'I am like this one', 'I will be Mesalsel (smooth my hair)', 'I will be Mekalkel (grow hair)', or 'I will let my hair grow', he is a Nazir.

'

(d)

[If one said] 'it is Alai (incumbent on me) Tziparim', R. Meir says, he is a Nazir;

:

(e)

Chachamim say, he is not a Nazir.

' [ ]

(f)

(Gemara) Question: It says "Ish Ki Yidor Neder" - why does it say Neder? (It already says Yidor!)

(g)

Answer: This teaches that Kinuyim for Nedarim are like Nedarim.

[ ] [" - ]

(h)

Question: It says "Oh Hishava Shevu'ah" - why does it say "Shevu'ah"?

(i)

Answer: This teaches that a Kinuy for Shevu'ah is like a Shevu'ah.

" " " " " "

(j)

Reference: The text [here is like it says] at the beginning of Nedarim, from the beginning [of the Maseches] until you reach [the following teaching of R. Yishmael. The scribe put quotes to show that these are his words, and not the actual text; he did not want to copy the text. The first word is 'Garis'; Samech and Sin are interchangeable. It is as if he wrote 'mi'Kadmisa'; he relies on the Mem at the end of 'Nedarim'. We explained this like HA'MASHBI'ACH.)

'

(k)

(Beraisa - R. Yishmael): "Neder Nazir Lehazir la'Shem" teaches that one can accept on himself Nezirus during his days of Nezirus. (Do not say that it is like a Shevu'ah, and a second Shevu'ah does not take effect on a Shevu'ah.)

(l)

(Beraisa): All Kinuyim for Nezirus are like expressions of Nezirus, and one is lashed for them;

1.

Even though R. Yochanan said that one is not lashed for [vows in an expression of] 'Isur', he agrees here that he is lashed;

2.

Even though R. Shimon said that [one who accepted to bring Minchas Nedavah from barley,] he does not bring any Korban [for he did not volunteer the way people volunteer], he agrees here that he is lashed (NO'AM YERUSHALMI).

'

3.

Even though R. Yehudah says that Safek Nezirus is permitted, he agrees here that he is lashed.

(m)

Question: What is the case?

[ ]

1.

If he intends to accept Nezirus, even if he said 'when I mention bread, I will be a Nazir', [when he mentions it] he is a Nazir!

2.

If he does not intend to accept Nezirus, even if he said [an acceptance of] Nezirus with his mouth, he is not a Nazir!

[" - ] () [" - ]

i.

So I say - if one was reading in the Torah, and he mentioned Nazir, is he a Nazir?! (Surely he is not!)

(n)

Answer: Rather, the case is, he says, I accepted Nezirus in one of these expressions;

1.

If one of them is an expression of Nezirus, Nezirus takes effect on him. If not, Nezirus does not take effect on him.

.

2.

One says to him 'observe and accept [to fulfill according to Torah law' - MESHECH CHACHMAH Devarim 12:28].

'

(o)

[Our Mishnah said that if one said] 'I will be', he is a Nazir. Shimon bar Ba citing R. Yochanan said, this is when he saw Nezirim passing in front of him.

(p)

Question: [If one saw Nezirim passing in front of him,] and he said 'beautiful', what is the law? Does he mock them (will I be like them?!), or [does he mean] 'I will be like them'?

' '

(q)

Answer (R. Yosi bei R. Bun citing Shmuel): If only I would be like them! (He is a Nazir.)

(r)

Question: [Our Mishnah said] or 'I will be beautiful' - Nazir. What is the case?

[" - ]

1.

If [it is like the simple meaning, that] he said 'I will be beautiful', this is like the first case ('I will be.' Surely a Nazir passed in front of him. If not, there is no indication that he refers to Nezirus. Perhaps he means, I will be beautiful in Mitzvos!)

2.

Suggestion: [A Nazir did not pass in front of him, and] he was holding his hair.

'

3.

Rejection: [The Seifa of] our Mishnah teaches [if one said] 'I am like this', he is a Nazir, and R. Yosi bar Chanina said that he was holding his hair, and he said 'I am like this.' (He implies that this is not the case in the Reisha!)

.

(s)

Answer: Rather, the case is, he said 'no one is as beautiful as this [Nazir in front of me.' We explained this like PNEI MOSHE.]

"

(t)

'Nazik', 'Nazi'ach', or 'Pazi'ach' - R. Yochanan said, these are expressions that early [Chachamim] chose [for people to use to accept Nezirus]. No one may add to them.

'

(u)

Question: R. Chiyah taught that 'Razi'ach' and 'Hazi'ach' [are also Kinuyim]!

"

(v)

Answer (R. Shila): Expressions that the Mishnayos chose, no one may add to them. (The Tosefta of R. Chiyah is like Mishnayos.)

(w)

Question: Bar Kapara taught 'Cheres' [is a Kinuy for Cherem]. Does this not mean Chaspa (lowly earthenware?! (This shows that one may add!)

1.

Note: Why must we say that it means earthenware? I would prefer to say that the words 'Lo Chaspa' were improperly copied from Nedarim 1:2. The Gemara there wanted to prove that an expression used for Chulin and for Korban can be used to forbid oneself. Here, 'Cheres' suffices to prove that one may add Kinuyim to those of the Mishnah!

' [ ] '

(x)

Answer (R. Ze'ira): It is an expression that refers to Hash-m - "ha'Omer la'Cheres v'Lo Yizrach..." (BEIS YECHEZKEL Nedarim 1:3 - R. Ze'ira answers that it is a Kinuy for Shevu'ah, which is based on Hash-m's name. Nedarim and Charamim do not require Hash-m's name.)

'

(y)

(Reish Lakish): [Kinuyim] are [translations of Neder, Nezirus... in] Nochri languages.

1.

Note: This is unlike R. Yochanan. Surely he does not hold that all Kinuyim are mentioned in the Mishnah. There are 70 languages!

2.

(R. Ze'ira): [Chaspa] is from the language Nivasi - they call Chaspa 'Kaspa' (an allusion to half-Shekalim of Hekdesh).

' ( ) [" - ]

(z)

(R. Yosi): It seems that this is in places where they call a Nazir 'Nazik', but in other places, I say that what garblers call 'Nazir' is not a Nazir.

2)

KINUYEI KINUYIM (Yerushalmi Perek 1 Halachah 1 Daf 1b)

"

(a)

(Beraisa - Beis Shamai): Both Kinuyim and Kinuyei Kinuyim forbid (i.e. take effect);

(b)

Beis Hillel say Kinuyim forbid, but Kinuyei Kinuyim are permitted.

(c)

Question: What are [examples of] Kinuyei Kinuyim?

'

(d)

Answer #1 (R. Ba bar Zavda): Manazka, Manzikna, Mafchazna.

"

(e)

Rebuttal (R. Yosah): These are not Kinuyei Kinuyim. They are actual Kinuyim!

() [" - ] () [" - ] [ ]

1.

If one said Manzarna - is he not a Nazir?! Manzarna is like saying Mafchazna!

(f)

Question: What are Kinuyei Kinuyim according to R. Yosi?

(g)

Answer #2: It is like [was taught about] our Mishnah 'Alai Tziparim' - R. Meir says, he is a Nazir. Chachamim say, he is not a Nazir.

' [ ] .

1.

(R. Yochanan): [R. Meir's reason] is due to Kinuyei Kinuyim - "Ad Di Sarei k'Nishrin v'Tifrohi ch'Tziparin." (ALEI TAMAR - this is Kinuyei Kinuyim, for Tziparim hints to hair, and hair hints to Nezirus.)