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Nazir 63
1) [line 2] TUM'AS TEHOM (TUM'AS HA'TEHOM - a Tum'ah of the depths)
(a) Tum'as ha'Tehom is Tum'ah that was hidden and that no one ever knew
about, such as a corpse that was discovered lying beneath a road (TOSEFTA
Zavin 2:5, cited in segments in our Sugya). If a Nazir or a person bringing
a Korban Pesach became Tamei through Tum'as ha'Tehom before offering his
Korbenos Nazir or Pesach, he does not need to bring his Korbanos again. This
law is learned from a Halachah l'Moshe mi'Sinai.
(b) According to Rashi (Pesachim 81b DH she'Ein Lo), even if the person
*definitely* became Tamei, his Korban is accepted, as long as he did not
discover his Tum'ah until *after* the Shechitah of his Korban. According to
the Rambam (Hilchos Korban Pesach 6:11), only if the person is *not certain*
that he is Tamei is his Korban offered, but they are offered even if the
corpse was discovered *before* the Shechitah of his Korban. (See Insights to
Pesachim 81:2.)
2) [line 7] CHEZKAS TAMEI, TAMEI (CHAZAKAH - the situation as it stood until
now, i.e. the maintenance of the status quo)
(a) One of the most confusing aspects of the subject of "Chazakah" is that
the term "Chazakah" is used to describe so many unrelated laws. Just about
any logical clarification of a doubt (and more) is referred to by this name.
In our Sugya, it is referring to the rule that when doubt arises as to
whether the status of a certain person/object has changed, we assume that is
has not changed.
1. Such a "Chazakah" may be used in regard to a purely Halachic status (such
as Tamei/Tahor or Mutar/Asur), or in regards to a physical status that
effects the Halachah (such as an animal not being a Tereifah, or a Mikvah
not lacking the necessary amount of water).
2. It may work forward in time (Chazakah D'Ikara), proving what will be, or
backwards in time (Chazakah D'Hashta), proving what was.
(b) The word Chazakah is sometimes used to refer to what is actually a Ruba
d'Leisa Kaman (see Background to Yevamos 119:6), such as "Chazakah Sheli'ach
Oseh Shelichuso" (Chulin 12a). This is not the Chazakah we are discussing
here.
(c) Another Chazakah proves that if a man or woman have acted as brother and
sister for a long enough time, it is accepted as strong enough evidence of
their kinship to cause them to be executed for having forbidden relations
with each other (Kidushin 80a). This too, is not the subject of our Sugya.
3) [line 8] SHE'RAGLAYIM LA'DAVAR - there is a logical foundation for this
(to presume that something which was Tamei remains Tamei and something which
was Tahor remains Tahor -- MEFARESH)
4) [line 9] "V'CHI YAMUS MES ALAV B'FESA PIS'OM [V'TIMEI ROSH NIZRO;
V'GILACH ROSHO B'YOM TAHORASO, BA'YOM HA'SHEVI'I YEGALCHENU.]" - "If a
person should die near him very suddenly, [and be Metamei his Nazirite head;
he shall shave his head on the day he becomes Tahor, on the seventh day he
shall shave it.]" (Bamidbar 6:9)
5) [line 10] B'MECHUVERES ALAV - when it is clear to him [that he became
Tamei]
6) [line 11] "[DABER EL BENEI YISRAEL LEIMOR 'ISH ISH] KI YIHEYEH TAMEI
LA'NEFESH O V'DERECH RECHOKAH [LACHEM O L'DOROSEICHEM V'ASAH FESACH
LA'SH-M']" - "Speak to the children of Israel saying 'If any man shall be
Tamei because of a dead body or be on a distant road, whether you or your
[future] generations, he shall make the Pesach (Sheni) Offering to HaSh-m.
In the second month (Iyar), on the fourteenth day in the afternoon they
shall do it; with Matzos and bitter herbs they shall eat it.'" (Bamidbar
9:10-11)
7) [line 21] GEMARA GEMIRI LAH - we know it from the tradition that Moshe
received on Mount Sinai (Halachah l'Moshe mi'Sinai)
8) [line 23] TIGLACHAS ME'AKEVES (KORBAN NAZIR TAHOR)
(a) When a Nazir completes his period of Nezirus, he must offer three
sacrifices: a male sheep as an Olah, a female sheep as a Chatas, and a ram
as a Shelamim. Together with the Shelamim he brings 6 and 2/3 Esronos of
Soles (fine flour), which are made into 20 loaves of Matzah, 10 Chalos
(unleavened loaves of Matzah) and 10 Rekikin (flat Matzos). He then shaves
off the hair of his head and burns it under the cauldron in which the Zero'a
of the Shelamim is cooked (Bamidbar 6:18). (SEFER HA'CHINUCH #377)
(b) There is a Machlokes Tana'im as to whether shaving his hair (Tiglachas)
prevents him from bringing his sacrifices or not (Nazir 47a).
9a) [line 24] B'SOCH MELOS - within the period of time that the Nazir had
accepted upon himself to be a Nazir
b) [line 24] L'ACHAR MELOS - after the completion of his period of Nezirus
(but before he brought his sacrifices and before he shaved -- MEFARESH)
63b---------------------------------------63b
10) [line 15] MESHUBAR - broken [into pieces -- ROSH]
11) [line 15] MEFURAK - dismembered
12) [line 16] BEIN PIRKIN - in between the dismembered joints or places
where the body was connected
13) [line 18] TA'UN - if he was carrying a load
14) [line 18] RACHUV - if he was riding on an animal
15) [line 20] YASIT - will move [the body] (without touching it)
16) [line 26] TEVEN - straw
17) [line 26] TZEROROS - pebbles
18) [line 27] BA'YAMIM - in bodies of water, lakes (the Girsa in the TOSEFTA
Zavin 2:5 is *B'MAYIM*)
19) [line 27] B'AFEILAH - in a dark place
20) [line 27] NEKIKEI HA'SELA'IM - the crevices of rocks
21) [line 30] SAFEK TUM'AH TZAFAH
(a) When there is a doubt as to whether an object is Tahor or Tamei, if the
object is found in Reshus ha'Rabim the object is Tahor. If it is found in a
private, concealed place, it is judged to be Tamei.
(b) This is learned from the case of the Sotah woman (Bamidbar 5; see next
entry). In the case of a Sotah, where only two people were present at the
time that there arose a question as to her status, she is judged
Teme'ah/culpable. Similarly, whenever there are only two people present
(i.e. a Reshus ha'Yachid l'Tum'ah), if a doubt arises regarding the status
of a person or an object, he or it is judged to be Tamei. Whenever more than
two people frequent a certain area it is a Reshus ha'Rabim l'Tum'ah. If a
doubt arises regarding the status of a person or an object, he or it is
judged to be Tahor.
(c) However, if the object that is Safek Tamei is not *at rest*, such as an
object floating on the water or flying in the air, the Torah tells us to be
lenient and consider it Tahor (Taharos 4:8, Chulin 127a).
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