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Week 74 - Friday - 27 April 2001

NAZIR: CHAPTER 2: MISHNAH 3

If they filled the cup for him, and he said, "I am a nazir from it" - he is a nazir. It once happened that a woman was intoxicated, and they filled the cup for her, and she said, "I am a nezirah from it" - the Sages said, She intended only to say, "This is on me korban."

Kehati

It has already been taught (1:2, above) that if a person vows nezirut regarding one of the things which are forbidden to a nazir, e.g., if he said, "I am a nazir from the grape-seeds," or "from the grape-skins," or "from the shaving," or "from the uncleanness," then he is a nazir, and all the detailed laws pertaining to a nazir apply to him. This mishnah discusses one who vows nezirut from a cup of wine before him, and teaches that the words of the person taking the vow must be interpreted in accordance with the circumstances under which the vow is taken. - Note: The Hebrew word kos (cup) in mishnaic language is in the male gender.

If - one was sitting at a meal, and - they filled the cup for him -they poured him a cup of wine, and he refused to drink, and he said, "I am a nazir from it" - even though he said, "from it," he is a nazir - for we say that he did not prohibit to himself only this cup, he rather intended to say, "I am a nazir from wine in general," and is regarded as one who says, "I am a nazir from the grape-seeds" (1:2, above). He therefore is a nazir, and all the detailed laws of the nazir apply to him (Tosefot Yom Tov; Tiferet YisraeI). According to Rabbeinu Asher, the words of the person taking the vow are a "handle" of nezirut, and it is as if he said, "I am a nazir, and therefore I will not drink from it (the cup)"; it follows that he did not prohibit himself only from wine, but rather that he adopted the full nezirut.

It once happened that a woman was intoxicated - drank much wine; but she did not become totally intoxicated, for one who is actually intoxicated is not responsible for his actions, and his vows are not valid (Rambam), and they - the participants in the meal, filled the cup for her - with wine, and urged her to carry on drinking, and she said, "I am a nezirah from it" - she wanted to be rid of them, so that they would no longer bother her and urge her any more; and when the incident was brought to the attention of the Sages, the Sages said, She intended only to say, "This is on me korban" - i.e., this woman did not intend to adopt nezirut and generally prohibit herself from wine, but rather to take a vow that this particular cup of wine would be prohibited to her as a sacrifice, and she therefore is not a nazirah.

The Gemara explains that since she was intoxicated, and wanted to stop drinking, she therefore did not say, "This is to me korban," as she intended to say, for she feared that they would bring her more cups of wine and continue to bother her; she used the wording, "I am a nezirah," in order to be rid of the nuisances. This incident is not cited in order to contradict the law taught in the first part of the mishnah, but rather to teach additionally, that if they filled a cup for someone and he was intoxicated, and he said, "I am a nazir from it," he is not a nazir. This is what the Gemara meant when saying that there is a lacuna in the mishnah which should read as follows: "If they filled the cup for him, and he said, 'I am a nazir from it' - then he is a nazir. And if he is intoxicated, and he said, 'I am a nazir from it' -he is not a nazir (for he intended only to say, "It is for me korban," as was explained above); and it once happened...."

NAZIR: CHAPTER 2: MISHNAH 4

"I am a nazir on condition that I may drink wine and become unclean by contact with the dead" - he is a nazir, and he is forbidden all of them. "I know that there is nezirut, but I do not know that the nazir is forbidden wine - he is forbidden; but Rabbi Shimon permits."I know that a nazir is forbidden wine, but I thought that the Sages permit me, because I cannot live without wine," or "because I bury the dead" - he is permitted. But Rabbi Shimon prohibits.

Kehati

This mishnah continues to teach about one who adopts partial nezirut.

If a person says, "I am a nazir on condition that I may drink wine - he adopted nezirut on condition that he may drink wine, in contradiction to the Torah law which forbids wine to a nazir, and - or he said, "I am a nazir on condition that I will become unclean by contact with the dead" - whereas a nazir is forbidden to become unclean by contact with the dead, he is a nazir, and he is forbidden all of them - all the prohibitions applying to a nazir apply to him, since he made a condition on that which is written in the Torah, and we have learned, "If one makes a condition contrary to that which is written in the Torah, his condition is void" (Ket. 9:1). This is the law according to all opinions (Gemara). If one said, "I am a nazir, and when told that he is prohibited from drinking wine, he replies, "I know that there is nezirut but I do not know that the nazir is forbidden wine" - i.e., when I took the vow, I was unaware that a nazir is forbidden wine, and I did not accept upon myself this prohibition - he is a nazir, and he is forbidden wine as well, for one who adopts nezirut of one of the things forbidden to the nazir is forbidden all of them; but Rabbi Shimon permits - him to drink wine, for the nazirite vow does not apply to him, for, according to Rabbi Shimon, a person is not obligated to observe the laws of the nazir unless he undertook all the detailed laws of the nazir.

If one undertakes nezirut, and afterwards says, "I know that a nazir is forbidden wine, but I thought - when taking the vow - that the Sages permit me - to drink wine, because I cannot live without wine" - and I therefore did not accept upon myself the prohibition of wine (Tosafot), or - if he said, "I thought that the Sages permit me to become unclean by contact with the dead - because I bury the dead" - this is my livelihood; according to another interpretation, in this place there is no other undertaker except me (Rashi), he is permitted - i.e., he is not a nazir, and he is permitted to drink wine and to bury the dead. The Gemara explains the reason for this: this is one of the vows made on a condition that is out of his control from which the Sages granted release without query, as was taught: "From four vows did the Sages grant release: vows of bargaining, vows of exaggeration, vows made in error and vows unfulfilled owing to circumstances beyond one's control" (Ned. 3:1-4). According to another interpretation, this vow is one made in error (Tosefot Yom Tov; Rambam, Hil. Nezirut 1:15).

But Rabbi Shimon prohibits - until a Sage is asked and annuls it, for Rabbi Shimon holds that the Sages did not grant automatic release from these vows, rather a Sage must be asked, who annuls them.

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