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Moed Katan, 13

MOED KATAN 13 - sponsored by Yeshayahu (Jason) Schmidt (originally of West Hempstead, N.Y.), a talmid of Rabbi Kornfeld.


13b

1) THE CASE OF A NAZIR WHO MAY SHAVE ON CHOL HA'MO'ED
QUESTION: The Mishnah lists the circumstances under which it is permissible for one to shave on Chol ha'Mo'ed. In each case that the Mishnah mentions, it was not possible for the person to shave before the festival, and therefore he is permitted to shave on Chol ha'Mo'ed, such as a person who returned from a trip abroad on Chol ha'Mo'ed, was returned from captivity, or was released from prison. The Mishnah also says that "a Nazir and a Metzora who arises from his Tum'ah to his Taharah" may shave as well.

RASHI explains that the words "ha'Oleh m'Tum'aso l'Taharaso" ("who arises from his Tum'ah to his Taharah") refers to both the Nazir and Metzora. A Nazir who became Tamei must count seven days of Taharah, after which he must shave his hair and bring his Korbanos, and then begin his Nezirus all over again. The Mishnah is saying that if the Nazir's count of seven days ended on Chol ha'Mo'ed, he may shave and need not wait until after the festival. The same applies to a Metzora; if the Metzora's Taharah-process concludes on Chol ha'Mo'ed and he ceases to be Tamei, then he may shave. The reason they may shave on Chol ha'Mo'ed is because they were unable to do so before the festival.

Why does Rashi say that the case of the Nazir mentioned in the Mishnah is that of a Nazir Tamei who becomes Tahor on Chol ha'Mo'ed? The words of the Mishnah seem to contradict this, since it says "a Nazir and a Metzora who *arises* from *his* Tum'ah to *his* Taharah," in the singular form, implying that it is only referring to a Metzora! Rashi should have explained, like the other Rishonim (including RASHI ON THE RIF and RASHI KESAV YAD), that the case of the Nazir in the Mishnah is referring simply to a Nazir whose thirty days of Nezirus ended during Chol ha'Mo'ed! He should certainly be permitted to shave, since he was unable to do so before the festival! Why does Rashi specifically explain that the Mishnah is referring to a Nazir who was Tamei and became Tahor on Chol ha'Mo'ed? (Rashi reiterates this explanation later, on 17b.)

ANSWERS:

(a) The MISHNAH L'MELECH (Hilchos Yom Tov 7:19) points out that the Gemara (17b) concludes that even if the Nazir or Metzora had the opportunity to shave before the festival, such as when his Nezirus or Tzara'as ended before the festival, nevertheless he may shave on Chol ha'Mo'ed if he did not do so earlier. Since he cannot bring his Korbanos until he cuts his hair, and we do not want him to delay bringing his Korbanos, we permit him to cut his hair. (When Rashi on the Mishnah says that the Nazir and Metzora did not have the opportunity to shave before the festival, he is explaining the Mishnah according to the Havah Amina of the Gemara there.)

The Mishnah l'Melech points out that it is true that the verse explicitly says that a Metzora must shave before bringing his Korbanos (Vayikra 14:9), and that a Nazir Tamei must shave before bringing his Korbanos (Bamidbar 6:9). However, there is no verse in the Torah that says that a Nazir Tahor, who completes his Nezirus, is required to shave before bringing his Korbanos. Therefore, since the Gemara says that the Nazir cannot bring his Korbanos before shaving, it must be referring to a Nazir Tamei (since a Nazir Tahor *may* bring his Korbanos before shaving)! Rashi explains that the Mishnah is referring to a Nazir Tamei who became Tahor on Chol ha'Mo'ed in order to explain the reasoning of the Gemara's conclusion on 17b, that the Nazir may shave during the Regel even if his Nezirus expired before the beginning of the Regel.

The other Rishonim, who do not explain like Rashi does, understood the Gemara to be referring to a Nazir Tahor. Even though a Nazir Tahor does not have to shave before bringing the Korbanos and may do so afterwards, nevertheless, it is a Mitzvah for him to shave his hair and throw it into the fire that cooks his portion of the Korban Shelamim. Since he normally does not bring his Korban until he is able to shave (and throw the hair of Nezirus into the fire under the pot with the Shelamim), the Rabanan permitted him to shave on Chol ha'Moed, lest he delay bringing his Korban until after the Yom Tov in order to shave before cooking the Shelamim. (TOSFOS 17b DH she'Lo)

(b) Rashi might have been bothered by a simple question. The reason the Mishnah permits these individuals to shave is because they were unable to shave before the festival due to circumstances beyond their control. When a person accepts upon himself to become a Nazir for thirty days, he knows exactly when it will end. If it ends on Chol ha'Mo'ed, then it is his fault for accepting to become a Nazir exactly thirty days before Chol ha'Mo'ed; he knowingly put himself in that position! Thus, he should *not* be permitted to shave on Chol ha'Mo'ed, and he should have to wait until after the festival!

For this reason, Rashi purposefully avoided explaining that the Mishnah is referring to a Nazir who completes his Nezirus during Chol ha'Mo'ed. The Mishnah must be referring to a case where the inability to shave before the festival was beyond the person's control. We find such a case when a Nazir accepts Nezirus upon himself *less* than thirty days before Chol ha'Mo'ed, assuming that his Nezirus will end *after* Chol ha'Mo'ed, or when he accepts Nezirus *more* than thirty days before Chol ha'Mo'ed, assuming that his Nezirus will end before the festival arrives. Then, he became Tamei before the festival, and the seventh day of his count occurred on Chol ha'Mo'ed. Becoming Tamei was unexpected and beyond his control, and that is why he may shave on Chol ha'Mo'ed! This explains why the Mishnah must be referring to a Nazir Tamei and not to a regular Nazir whose Nezirus ended on Chol ha'Mo'ed. (Similarly, Rashi would agree that if his Nezirus was extended because he became Tamei and thus had to observe a second period of Nezirus after becoming Tahor, and this second period of Nezirus ends during Chol ha'Mo'ed, the Nazir may shave, since he did not anticipate having to observe a second Nezirus.)

How will the other Rishonim, who explain that the Mishnah refers to a regular Nazir whose Nezirus ended during Chol ha'Mo'ed, answer this question that bothered Rashi? Perhaps they hold that a person does not think about the future when he becomes a Nazir. When a person becomes a Nazir, he does so spontaneously, out of a sudden burst of inspiration (as in Nedarim 9b). He cannot delay his Nezirus so that it not end on Chol ha'Mo'ed, because he fears that his inspiration will pass if he delays. Therefore, the acceptance of his Nezirus thirty days before Chol ha'Mo'ed is considered to be beyond his control, and he is permitted to shave on Chol ha'Mo'ed.

Alternatively, perhaps the Heter for a Nazir and a Metzora to shave on Chol ha'Mo'ed has nothing to do with uncontrollable circumstances preventing him from shaving before the festival. Rather, perhaps the Heter is because they have a Mitzvah d'Oraisa to shave and bring his Korbanos, and the Rabanan did not want to delay that Mitzvah d'Oraisa. That is why the Gemara (17b) says that even if the Nazir or Metzora could have shaved before the festival but they delayed shaving, they are still permitted to shave on Chol ha'Mo'ed since we do not want to delay them from offering the requisite Korbanos. This seems to be the view of the RAMBAM (Perush ha'Mishnayos; Hilchos Yom Tov 7:19).

Accordingly, it makes sense that a Nazir Tahor who completes his thirty days of Nezirus on Chol ha'Mo'ed is permitted to shave. Even though he knew that it would end on Chol ha'Mo'ed, the Mitzvah d'Oraisa for him to shave overrides the prohibition not to shave on Chol ha'Mo'ed.

(Perhaps Rashi too agrees that according to the Gemara's conclusion on 17b, even a Nazir Tahor may shave if his Nezirus ends on Chol ha'Mo'ed, since the Heter for shaving is based on his Mitzvah to offer Korbanos as soon as possible, and not on the fact that he did not shave before the Moe'd due to circumstances beyond his control. Alternatively, according to the Gemara's *conclusion* on 17b, the Mishnah (which compares a Nazir to a Metzora, and lets them shave even if they had time to shave before the Mo'ed) must be discussing exclusively Nazir *Tahor* for another reason -- the reason proposed by the Mishneh l'Melech (answer (a) above).) (M. Kornfeld)

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