NAZIR 62 (4 Nisan 5783) - This Daf has been dedicated by Reb Eliyahu Berlin of Neveh Yaakov in memory of his dear wife, Liba Sheindel bas Elimelech Hacohen z'l, on the day of her Yahrzeit.

1)

NEZIRUS OF SLAVES (Yerushalmi Perek 9 Halachah 1 Daf 42b)

åéëåó àú àùúå ìà ëï àîø øáé äåðà äðééúé òìéê ëåôä åîùîùúå äðééúê òìé äøé æä éôø

(a)

Question: One should be able to force his wife [to transgress her vow]! Did not R. Huna say, [if one told her husband] 'benefit from me is forbidden to you', he forces her and she has Bi'ah with him. If she told him 'benefit from you is forbidden to me', he annuls it. (The Makshan understood our Mishnah to mean that a husband can never force his wife to transgress her vow.)

ùðééä äéà ùäåà äðééúå åäðééúä

(b)

Answer: [The first case of R. Huna] is different, for it is his benefit and her benefit. (She is obligated to him, so she cannot forbid herself to him. This does not apply when she forbids to herself. We explained this like PNEI MOSHE.)

åìà éëåó àú òáãå

(c)

Question: One should be not able to force his slave! (His Nezirus forbids only to himself. He should be like a woman who forbade to herself; her husband cannot force her. We explained this based on SEFER NIR.)

ùðééà äéà ãëúéá [áîãáø å æ] ëé ðæø àìäéå òì øàùå àú ùàéï ìå àãåï àçø éöà òáã ùéù ìå àãåï àçø

(d)

Answer: This is different, for it says "Ki Nezer Elokav Al Rosho" - one who has no other master. This excludes a slave, who has another master. (Another verse includes slaves, i.e. when his master does not protest. The exclusion is when his master protests. - PNEI MOSHE)

äéä éëåì ìîçåú òì ãáø øáå àåîø ìå äìëä äéà ùîò ìãáøé øáê

(e)

If he was [strong, and] able to protest against his master's word, one tells him 'the Halachah is, heed your master's words.'

ëôôå øáå åðéèîà îäå ùéáéà ÷øáï èåîàä

(f)

Question: If his master forced him [to drink wine, but he did not drink] and he became Tamei, does he bring Korban Tum'ah?

åëé ðæéø äåà

(g)

Answer: (Surely he does not!) Is he a Nazir?! (Since he must heed his master, surely he is not a Nazir.)

ìà àú äåà ùâæøúä òìéå [ãó îâ òîåã à] ùéèîà àú àîø îáéà ÷øáï èåîàä åëà îáéà ÷øáï èåîàä

1.

Did you not decree about him that he become Tamei [if his master forces him to become Tamei] - will you say that he brings Korban Tum'ah?! (Surely he does not, for his Nezirus is Batel as long as he is a slave.) And here [also when he forced him to drink, his Nezirus is Batel]. Does he bring Korban Tum'ah?!

ëôôå øáå åðéèîà îäå ùéñúåø

(h)

Question: If his master forced him [to drink] and he became Tamei, does he cancel [the previous days]?

åëé ðæéø äåà

(i)

Answer: (Surely he does not!) Is he a Nazir?

àìà àú äåà ùâæøú òìéå ùéèîà àú àåîø ñåúø åëà ñåúø

1.

Did you not decree about him that he become Tamei [if his master forces him to become Tamei] - will you say that he cancels?! (Surely he does not.) And here [when he forced him to drink, his Nezirus is Batel]. Does he cancel?!

ôùéèà ãà îéìúà ðéèîà åàçø ëê éöà ìçéøåú îáéà ÷øáï èåîàä

(j)

The following is obvious. If he became Tamei and afterwards was freed, he brings Korban Tum'ah.

îäå áùëôôå øáå àå áùìà ëôôå øáå

(k)

Question: What is the case - is it when his master forced him, or when his master did not force him?

àéï úéîø áùëôôå îáéà ÷øáï èåîàä

1.

If you will say that it is when he forced him, does he bring Korban Tum'ah [even after freedom?! A Tosefta teaches that he does not cancel. Surely he does not bring Korban Tum'ah!]

àéï úéîø áùìà ëôôå øáå éùìí ëì æîï ùäåà úçúéå

2.

If you will say that it is when his master did not force him, he fulfills (he is a full Nazir) the entire time that he is under his master! (Surely he brings Korban Tum'ah when he is freed. However, before freedom he does not bring, for he does not have his own money, and we do not obligate his master to bring Korbanos for him.)

àîø øáé éåñé áùëôôå øáå àðï ÷ééîéï ùìà úàîø äåàéì åéöà ìçéøåú úô÷ò îîðå ðæéøåú áèåîàä ìôåí ëï öøéê îéîø îåðä ìðæéøåú áèåîàä

(l)

Answer (R. Yosi): It is when his master forced him. Do not say that since he was freed, Nezirus b'Tum'ah was uprooted (his Nezirus begins only when he become Tahor after freedom). Therefore, it needs to say that he counts Nezirus b'Tum'ah (once he is free, he is like a Tamei who accepted Nezirus; he brings Korban Tum'ah, and then fulfills Nezirus b'Taharah).

àîø ø' éåñé òáã ùàîø äøéðé ðæéø ìëùàöà ìçéøåú ëåôå ìðæéøåú

(m)

(R. Yosi): If a slave said 'I will be a Nazir when I go free', his master can force him to [transgress his] Nezirus. (We explained this like MERKEVES HA'MISHNEH, Hilchos Nezirus 2:19.)

òáã ëåôä ìðæéøåú åàéðå ëåôä ìà ìðãøéí åìà ìùáåòåú

(n)

A slave - his master can force him to [transgress his] Nezirus, but he cannot force him to [transgress] Nedarim or Shevu'os. (If the Nedarim or Shevu'os afflict him or inhibit work, they did not take effect at all. If they do not afflict him or inhibit work, the master has no authority to make him transgress. - PNEI MOSHE)

øáé éøîéä áòà ÷åîé ø"æ [ãó îâ òîåã á] ëôôå øáå åðéèîà îäå ùéì÷ä àå àéðå àìà äìëä

(o)

Question (R. Yirmeyah, to R. Ze'ira): If his master forced him [to become Tamei] and [afterwards, on his own volition] he became Tamei, is he lashed? Or, perhaps it is only Halachah (this will be explained)?

îä àðï ÷ééîéï

1.

Question: What is the [status of his Nezirus, and the master's Heter to force him]?

àí áùðæéøåúå äìëä åäìëä éù ìëåó ìå÷ä

(p)

Answer #1 (to both questions): If his Nezirus is a Halachah (tradition from Sinai), and a Halachah [teaches that the master] can force him, he is lashed;

àí áùàéìå åàéìå îãáøéäï ìà éì÷ä

1.

If both [his Nezirus and the Heter to force him] are mid'Rabanan, he is not lashed!

àîø øáé îðà ìå÷éï òì ääìëä

(q)

Rejection (R. Mana): Is one lashed for a Halachah?!

àìà àëï äåà àí áùðæéøåúå úåøä åäìëä éù ìëåó åìå÷ä àí áùàéìå åàéìå îãáøéäï ìà éì÷ä

(r)

Answer #2: Rather, if his Nezirus] is [expounded from the] Torah, and a Halachah [teaches that] he can force him, he is lashed. If both are mid'Rabanan, he is not lashed. (We explained this like OHR YAKOV. He asks (note 240) why we can't say also that the Heter to force is expounded from "Nezer Elokav" - one who has no other master.)

ëôôå øáå ìãáø àçã îäå ùéëåó àåúå ìëì äãáøéí

(s)

Question: If his master forced him for one matter (one of the three Isurei Nazir, do we assume that) he forces him for all the matters (and he need not observe any of them)?

áàðå ìîçìå÷ú øáé îàéø åøáé éåñé òáø îëðâã ôðéå øáé îàéø àåîø ìà éùúä ø' éåñé àåîø éùúä

(t)

Answer: R. Meir and R. Yosi argue about this. R. Meir says, if he fled, he may not drink. R. Yosi says, he drinks.

îä àðï ÷ééîéï

(u)

Question: What is the case?

àí áùàîø áéï áôðéé áéï ùìà áôðéé ùúä àåó øáé îàéø îåãä

1.

If [his master] said, 'both in front of me and not in front of me, drink', even R. Meir agrees (he may drink even after he fled);

àí áàåîø áôðéé ùúä ùìà áôðéé àì úùúä àåó øáé éåñé îåãä

2.

If he said, 'in front of me drink; not in front of me, do not drink', even R. Yosi agrees (he may drink not after he fled)!

àìà ëï àðï ÷ééîéï áàåîø ùúä øî"à áôðé ùúä åùìà áôðé àì úùúä øáé éåñé àåîø ëàåîø áéï áôðéé áéï ùìà áôðéé ùúä:

(v)

Answer: The case is, he said [Stam] 'drink'. R. Meir says, [it is as if he said] 'in front of me drink; not in front of me, do not drink.' R. Yosi says, it is as if he said 'both in front of me and not in front of me, drink.'