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Week 76 - Thursday - 10 May 2001

NAZIR: CHAPTER 5: MISHNAH 5

If they were going on a journey and someone came towards them, one of them said, "I am a nazir that this is so-and-so"; and one said, "I am a nazir that this is not so-and-so"; "I am a nazir that one of you is a nazir"; "That one of you is not a nazir"; "That both of you are nezirim": "That all of you are nezirim" - Bet Shammai say, All of them are nezirim. And Bet Hillel say, None of them is a nazir except the one whose words are not confirmed. And Rabbi Tarfon says, None of them is a nazir.

Kehati

This mishnah teaches that just as Bet Shammai and Bet Hillel disagreed regarding erroneous hekdesh, they similarly disagreed regarding erroneous nezirut.

If they - six people, were going on a journey and some one came towards them - they disagreed among themselves regarding the identity of the person coming towards them, one of them - of the six people, said, "I am a nazir that - if - this - person coming towards us -is so-and-so"; and one - the second person, said, "I am a nazir that - if- this is not so-and-so"; and the third person said to the first two, "I am a nazir that - if - one of you is a nazir"; and the fourth person said to them, "I am a nazir - "That - if - one of you is not a nazir"; and the fifth one said to those two, "I am a nazir "That - if - both of you are nezirim": and the sixth one says to all his fellows, "I am a nazir - "That - if - all of you are nezirim" - Bet Shammai say, All of them are nezirim - since each one of them said, "I am a nazir," even one who made his vow dependent on something erroneous he is a nazir, for Bet Shammai holds, an erroneous nezirut is valid nazirite vow, just as erroneous hekdesh is valid. And Bet Hillel say, None of them is a nazir except the one whose words are not confirmed - the Gemara amends this to read, "No one is a nazir except the one whose words are confirmed"; since each one of them made his nezirut dependent upon stipulations in his vow, those whose words were fulfilled are nezirim, but whoever erred is not a nazir. And Rabbi Tarfon says, None of them is a nazir - for nezirut only takes effect if it is clear to him at the time of the vow that he is a nazir, as it is written about a nazir, "When a man ... shall clearly utter a vow, the vow of a nazir" (Num. 6:2), from which the Sages learned that nezirut is imparted only if clearly uttered, i.e., nezirut only takes effect if he specifies his words in a clear manner that he undertakes nezirut. This means that it is clear and known to him at the time of his vow that he will be a nazir. All of these people, however, undertook a nezirut in doubt, and they did not know at the time they took their vow that they would be nezirim; therefore none of them is a nazir.

We have interpreted this mishnah in accordance with the majority of the commentators. Some commentators, however, maintain our version of Bet Hillel's words ("None of them is a nazir except the one whose words are not confirmed"), and interpret our mishnah in a different manner (according to the opinion of Abbaye in the Gemara): the first one intended to say, "It is my opinion that the person coming towards us is not so-and-so, and if he is so-and-so, I am a nazir"; and the second one intended to say, "It is my opinion that he is so-and-so, and if he is not so-and-so, I am a nazir"; and so on. Bet Hillel therefore say that whoever's first words are not confirmed, i.e., as he initially thought, but rather those things upon which his nezirut depended, is a nazir (see Rambam in his commentary on this mishnah; Mishneh LaMelekh on Rambarn, Hil. nezirut 2:8; Tosafot Yom Tov; see also the commentary and supplements of Rabbi H. Albeck). According to one explanation of Rabbi Tarfon's reasoning, all these people did not intend to undertake nezirut, but only to verify their words, and their vows are therefore only vows of urging (Gemara, Ned. 21a).

NAZIR: CHAPTER 5: MISHNAH 6

If he turned back - he is not a nazir. Rabbi Shimon says, He should say, "If it was as I said, I am a nazir by obligation; and if not, I am a voluntary nazir."

Kehati

This mishnah is a continuation of the preceding mishnah, and it is taught according to Bet Hillel, who hold, "None is a nazir except the one whose words are not confirmed." This mishnah continues to teach that if a doubt arose concerning the person coming towards them, and there is no possibility of determining whose words were confirmed, e.g., he turned back and left, and we do not know whether this was that person or not, the Tannaim disagree in our mishnah: the First Tanna holds "we rule leniently in the case of a doubtful nezirut" while Rabbi Shimon holds, "we rule stringently in the case of a doubtful nezirut." This disagreement is taught in a baraita in the Gemara: "'I am a nazir on condition that there will be one hundred kor in this pile of mine,' and he found that it had been stolen or lost - Rabbi Shimon prohibits, and Rabbi Yehudah permits," for Rabbi Yehudah holds, a person does not undertake a doubtful nezirut, and he intended at the time of the vow that if his words cannot be verified, then his words will be of no account; and Rabbi Shimon holds, since there is a doubt whether there were one hundred kor and his condition had been fulfilled, he is a nazir out of doubt.

If he - the person coming towards the six who were on a journey - turned back - and it is impossible to verify whether he is so-and-so or not, he - i.e., any one of them, is not a nazir - for "we rule leniently in the case of a doubtful nezirut," as was explained above.

Rabbi Shimon says - Each one of them is a nazir out of doubt; and how does he conduct himself? He - each one of them, should say, "If it was as I said - and the nezirut took effect on me, I am a nazir by obligation - because of the nezirut I undertook; and if not - if it was not as I said, and the nezirut did not take effect, I am a voluntary nazir" - and I undertake to be a nazir from now. He must stipulate this condition, according to Rabbi Shimon, because he may not bring the nazir sacrifices out of doubt, because he might be bringing non-consecrated things into the Temple Courtyard.

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