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Week 75 - Sunday - 29 April 2001

NAZIR: CHAPTER 2: MISHNAH 7

"I am a nazir when I will have a son," and a son is born to him -- then he is a nazir. A daughter, tumtum, and androginus was born to him -- he is not a nazir. If he said, "When I will see that I will have a child," even if a daughter, tumtum, and androginus is born to him -- he is a nazir.

Kehati

There are instances in which a person adopts nezirut, and stipulates that it will take effect when a son will be born to him. This nezirut is "thanksgiving and praise to the Holy One, blessed be He, Who has been gracious to him and favoured him, and a son was born to him" (Tosafot). This mishnah teaches that there is a difference in the meaning of the condition if he said "ben [son]," or if he said "valad [child]."

If one says, "I am a nazir when I will have a son" -- he vowed that if a son will be born to him then he will be a nazir, and a son is born to him -- i.e., the condition was fulfilled, then he is a nazir -- in accordance with his vow.

A daughter, or -- tumtum -- in whom neither the male genitals nor the female genitals are noticeable, and -- or --

Androginus -- who is possibly male or possibly female, because he possesses both male and female genitals, is born to him -- he is not a nazir -- for in common usage, the term "ben" means a "male child." Even though the Torah's usage of the word ben also includes the female, as it is written about yibum, "and have no ben" (Deut. 25:5), meaning, and have no offspring, nevertheless concerning vows the common usage is followed. But --

If he said, "I am a nazir When I will see that I will have a child" -- he did not say, "ben" (son), but valad, "child"; other versions read "When I will see for myself a child" or "When I will have a child" (without the wording, "I will see"),

Even if a daughter, tumtum, and androginus is born to him -- he is a nazir -- for the wording valad includes both male and female offspring. The Gemara explains that the first part of the mishnah teaches that we do not say that when the person taking the vow said, "When I will have a ben," his intent was "When I will be built up [ibaneh]", as it is written, "And I also may be built up" (Gen. 30:3), i.e., when I will have offspring, implying the inclusion of females as well; we rather interpret this in accordance with common usage, in which ben refers only to a male child. The second part of this mishnah teaches that we do not say that when the person taking the vow said "valad" he meant the most important offspring, i.e., specifically a male child, we rather say that valad means any offspring that will be born to him.

NAZIR: CHAPTER 2: MISHNAH 8

His wife miscarried, he is not a nazir. Rabbi Shimon says, he should say, "If it was viable, then I am a nazir by obligation; and if not, then I am a voluntary nazir." If she again gave birth, then he is a nazir. Rabbi Shimon says, He should say, "If the first -- viable, the first obligatory and this one is voluntary; and if not, the first voluntary and this one is obligatory."

Kehati

This mishnah continues to discuss the case of one who says, "I will be a nazir when I will have a child," and teaches the law if his wife miscarries. There is a doubt regarding every miscarriage, whether or not it is considered a birth of a child, for it is not known whether the miscarriage occurred after the fetus came to full term, and it therefore was viable, or whether the miscarriage occurred before the fetus came to full term, in which case the fetus is called a nefel, a "not viable birth," and is not considered as a child at all.

If one said, "I am a nazir when I will have a child," and

His wife miscarried -- and there is a doubt whether this miscarriage is considered a birth, and thus his condition was fulfilled, or whether it is not a birth at all, and his condition was not fulfilled (as was explained above), he is not a nazir -- the Gemara explains that this is the statement of Rabbi Yehudah, who holds that whenever we are in doubt about nezirut we are lenient, for according to Rabbi Yehudah, a person does not place himself in a doubtful situation, and when he said, "when I will have a child," he had in mind a child without doubt.

Rabbi Shimon says, Whenever we are in doubt about nezirut we rule stringently, and he therefore observes nezirut out of doubt. How so? he -- the vower should say -- before he begins to observe nezirut,

"If it -- the fetus which she miscarried, was viable -- i.e., if it had not been for the miscarriage, it would have been fit to live, then I am a nazir by obligation -- for the condition has been fulfilled and the vow takes effect; and if not -- if it was not viable, and as a result I am not obligated to nezirut, then I am a voluntary nazir" -- then I undertake nezirut voluntarily from now. If -- after his wife miscarried,

She again gave birth -- to a viable son, then he is a nazir -- according to the First Tanna; since he was not obligated to nezirut when his wife miscarried, then this birth obligates him to observe nezirut.

Rabbi Shimon says, He is a nazir out of doubt for a second time, therefore --

He should say, "If the first -- child, which my wife miscarried, was viable -- and I was obligated then to nezirut, the first -- term of nezirut was -- obligatory and this one -- the term of nezirut that I am about to begin now, is voluntary -- a voluntary term of nezirut;

And if not -- if the first fetus was not viable, the first -- term of nezirut was -- voluntary and this one -- the term of nezirut that I will begin now -- is obligatory" -- will be an obligatory term of nezirut, because the condition is fulfilled.

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