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Week 75 - Friday - 4 May 2001

NAZIR: CHAPTER 3: MISHNAH 7

Whoever had two sets of witnesses testifying about him: one testifies that he declared two the other testifies that he declared five -- Bet Shammai say, The testimony is split, and there is no nezirut here. And Bet Hillel say, Two is within five, so that he is a nazir two.

Kehati

There is a general rule in monetary lawsuits that if two sets of witnesses refute one another, their testimony is cancelled, and neither set is believed. If, however, one set testifies that the defendant owes two hundred zuz to the plaintiff, and the second set testifies that he owes him only one hundred, then he is obligated to pay one hundred, for two hundred includes one hundred.
This mishnah discusses the case in which two sets of witnesses testify that a person adopted nezirut.

Whoever had two sets of witnesses testifying about him -- that he adopted nezirut: one -- the witnesses of one set, testifies that he declared two terms of nezirut, and the other -- group of witnesses, testifies that he declared five terms of nezirut -- and he is silent, or he says that he does not remember his vow, or he denies having taken a vow at all,

Bet Shammai say, The testimony is split -- there is a disagreement here between the two sets, for each one contradicts the other, and there is no nezirut here -- for their testimony is disregarded.

And Bet Hillel say, Two is within five -- even those who testify that he vowed five terms of nezirut testify that he vowed two terms, for five includes two, and it follows that they all admit that he undertook two terms of nezirut, so therefore the ruling is that he is a nazir two -- and he is obligated to observe two terms of nezirut, i.e., twice thirty days.

NAZIR: CHAPTER 4: MISHNAH 1

One who said, "I am a nazir," and his fellow heard, and he said, "And I," "And I" -- all of them are nezirim. If the first one was released -- all of them are released, if the last one was released -- the last one is permitted, and all of them are prohibited. If he said, "I am a nazir," and his fellow heard, and said, "My mouth is like his mouth, and my hair is like his hair" -- he is a nazir. "I am a nazir," and his wife heard and said, "And I" -- he annuls hers but his stands. "I am a nezirah," and her husband heard, and he said, "And I" -- he may not annul.

Kehati

This mishnah teaches that a man may adopt nezirut by hatfasah (appendage), by appending himself to the nezirut of his fellow, e.g., if he heard his fellow adopt nezirut, and he said, "I am as you," he is a nazir. This is one of the differences between vows and oaths, for one who appends himself to an oath is exempt, while the one who appends himself to a vow is obligated. This act of appendage, however, is effective only if the one employing appendage says, "I am as you," or only "I," while the person vowing is speaking. And similarly, if a person appends himself to an appender by saying, "I am as you" while the first person appending himself is speaking, he also is obligated to nezirut. "While the person is speaking" is defined as the amount of time required for a pupil to greet his teacher, i.e., time needed to say, "Peace to you, my master." The Sages determined this time so as to enable any pupil engaged in discussing a subject to have time, if his teacher comes in, to greet him, and return to his affairs (Hameiri).

One who said, "I am a nazir," and his fellow heard -- his vow, and he said -- while the first one is speaking, as was explained above, "And I" -- i.e., "And I am as you" -- he appended himself to the vow of the first person; and a third person hears, and he also said, while the other one was speaking, "And I" -- and even if there were many people, each of whom appended himself to the one preceding him, while he was speaking,

All of them are nezirim -- for the appendage of each one to his fellow is effective for vowing nezirut.

If the first one was released -- if the vower consulted a Sage and he released him from his nezirut, all of them are released -- since they vowed by means of appendage, all of them are nezirim by force of the one who took a vow; therefore, when the first one is released, they are all released; but -- if the last one was released -- if the last person appending himself consulted a Sage regarding his vow and the Sage released him,

The last one is permitted, and all of them -- except for the last one, are prohibited -- are obligated to continue their nezirut.

If he said, "I am a nazir," and his fellow heard -- his vow, and said, "My mouth is like his mouth -- i.e., he will abstain from wine, or if he said,

And my hair is like his hair" -- he will be prohibited from having his hair shorn (Tosafot); according to another interpretation (in accordance with the Gemara), the mishnah refers only to a case in which he said explicitly, "My mouth is like his mouth from wine," or "My hair is like his hair from being sheared" (Naz.21b; Rambam; Bartenura), he is a nazir -- for by this wording he has appended himself to the nezirut of the first person. One who said,

"I am a nazir," and his wife heard and said, "And I" -- she appended herself to the nezirut of her husband, he annuls hers -- the husband may revoke her nezirut as he may revoke any vow which entails physical affliction or intimate matters between husband and wife, but his -- nezirut -- stands -- even though she made her nezirut vow dependent upon his, his annulment revokes only her nezirut. But if the wife said,

"I am a nezirah," and her husband heard and said, "And I" -- he appended himself to her nezirut, he may not annul -- the nezirut of his wife, for in saying, "And I," he already endorsed her nezirut, for it is impossible that he will be a nazir if he does not confirm her vow, and after the husband has confirmed the vows of his wife, he may not revoke it. If, however, another person appended himself to her vow, and then her husband revoked her vow, the nezirut of the other person is not released, for the husband who revokes his wife's vow does not revoke it retroactively, as is the case when a Sage releases the vow, but rather revokes it from that moment onward, as we have explained in a number of places in Tractate Nedarim.

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