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Week 75 - Shabbat - 5 May 2001

NAZIR: CHAPTER 4: MISHNAH 2

"I am a nazir," "And you?" and she said, "Amen -- he may annul hers, and his stands. "I am a nezirah," "And you?" and he said, "Amen" -- he may not annul.

Kehati

It was taught, in the last part of the preceding mishnah, that if a woman adopted nezirut, and her husband appended himself to her vow, he may not revoke her nezirut vow, for by his appending he has already endorsed her vow. The same applies if the husband adopted nezirut, and he said to his wife that she be like him, e.g., he said, "I am a nazir, and you!" and the wife said, "Amen," the husband may not revoke her nezirut vow (Gemara, Naz. 22b).
This mishnah discusses the case of one who adopted nezirut and asked his wife if she wanted to be like him, and she said, "Amen"; and the case of a wife who adopted nezirut and asked her husband if he wanted to be like her, and he said, "Amen."

If the husband said, "I am a nazir," and he turned to his wife and asked: "And you?" -- i.e., "And do you want to be a nezirah like me?," and she said, "Amen" -- she expressed her desire to adopt nezirut,

He -- the husband, may annul hers -- he may revoke her nezirut, because he did not tell her to be a nezirah, but only asked her, if she also wishes to be a nezirah, and she, of her own volition, adopted nezirut. The husband therefore may revoke her nezirut, and his stands -- but his nezirut stands; even though he revoked hers, he did not make his nezirut dependent upon her nezirut. If the wife said,

"I am a nezirah," and she turned to her husband and asked: "And you?" -- i.e., "And do you want to be a nazir like me?," and he said, "Amen" -- he agreed to be a nazir like her, he -- the husband,

May not annul -- the nezirut of his wife, for he endorsed her nezirut by saying "Amen"; we have already mentioned that after the husband has endorsed his wife's vows, he may no longer revoke them.

NAZIR: CHAPTER 4: MISHNAH 3

If a woman adopted nezirut, and drank wine, and became unclean by a corpse related uncleanness, she receives forty. If her husband revoked hers, and she did not know that her husband had revoked hers, and she drank wine and became unclean by a corpse related uncleanness -- she does not receive forty. Rabbi Yehudah says, If she does not receive forty, she receives makot mardut.

Kehati

If a nazir violated one of the Torah prohibitions which he is obligated to observe, he receives lashes twice: once for "he shall not violate his word" (Num. 30:3), which includes to all vows, and once for violating one of the Torah prohibitions of the nazir (Rambam, Hil. nezirut 1:2). These Torah prescribed lashes are thirty-nine ("forty minus one") in number (Deut. 25:2-3); Mishnah Mak. 3:10). There are also Rabbinically authorized lashes, which are called "makot mardut" (lit., "blows of rebellion"), and are imposed at the discretion of the Judge, and according to the circumstances. "And why are they called 'makot mardut?' For they lash the transgressor because he rebelled against the words of the Torah (he does not observe a positive commandment) and against the words of the Rabbis" (Rabbeinu Nissim, on Ket. chap. 4). There are different opinions regarding the difference between the "forty lashes" and makot mardut: according to one opinion, the Sages instituted an additional buttress for their words, and were more stringent with makot mardut than with Torah lashes, for they lash the transgressor without estimating the number of lashes he is capable of withstanding, and without limiting the maximum number of lashes; there are instances in which he is lashed until he dies or until he accepts the words of the Sages. According to another opinion, the Sages were more lenient with makot mardut than with Torah lashes, for the lashes are not administered with the same force, and they are not particular to administer them with a strap. According to a third opinion, the number of makot mardut is only one-third the number of Torah lashes (see Tosefot Yom Tov on our mishnah, and Tiferet Yisrael on Mak. 3:1).

If a woman adopted nezirut -- undertook to be a nezirah, and she drank wine, and became unclean by a corpse related uncleanness -- i.e., she did not observe the Torah prohibitions applying to the nazir,

She receives forty -- receives "forty lashes," i.e., forty minus one, as is the law for one who violates one of the Torah prohibitions, as was explained in the introduction to this mishnah. The Gemara explains that even though her husband later revoked her nezirut on the day he heard of it, she nevertheless is lashed for having transgressed prior to the revocation, for the husband does not revoke the vow retroactively, he rather revokes it from now on.

If her husband revoked hers -- her nezirut, and she did not know that her husband had revoked hers -- for the husband may revoke his wife's vows even in her absence, and she drank wine and she became unclean by a corpse related uncleanness -- after her husband had revoked her, she does not receive forty -- even though she did not know that her husband had revoked her, and she consciously violated the prohibitions applying to a nazir, she nevertheless is not lashed, because she no longer was a nezirah at the time she drank wine or became unclean,

Rabbi Yehudah says, If she does not receive forty, she receives makot mardut -- she is not liable to receive lashes, because she did not violate a Torah prohibition, but since she intended to transgress and to rebel against the Torah, she is liable to makot mardut, which are Rabbinically authorized lashes, as was explained in the introduction to this mishnah.

Rambam rules in accordance with Rabbi Yehudah. Kesef Mishneh writes that, according to Rambam Rabbi Yehudah does not disagree with the First Tanna, he rather interprets his statement (Hil. Nedarim 12:18).

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