ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Nazir 22
NAZIR 21 & 22 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of
love for Torah and those who study it.
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Questions
1)
(a) We already cited the Tana of the Beraisa that discusses what the Din
will be if a husband of a Nezirah annuls her Nezirus after she becomes Tamei
Meis - her Chatas ha'Of is brought, whereas her Olas ha'Of is not (i.e. it
reverts to Chulin).
(b) We only asked why the Nezirah brings her Chatas ha'Of, and not her *Olas
ha'Of*, and not why she does not bring her *Asham*, even though it has the
same Din as it in this regard - because the Olas ha'Of is mentioned in the
same Pasuk as the Chatas ha'Of (Tosfos).
(c) To reconcile this with the side of the She'eilah which holds that a
husband uproots his wife's Nedarim retroactively, we establish the Beraisa
like Rebbi Elazar ha'Kapar (and her Chatas comes to atone for abstaining
from what the Torah permits). The reason that, in the Beraisa on the
previous Amud, where the husband of a Nezirah Tehorah annulled her Nezirus,
and where we compared her Chatas to a 'Chatas she'Meisah Ba'alehah' *without
citing Rebbi Elazar ha'Kapar* is - because, despite the fact that that
answer too, is based on the opinion of Rebbi Elazar ha'Kapar, it differs
from his case, inasmuch as there, the animal is not ultimately brought
(whereas in our case, it is).
(d) We could also reconcile the two Beraisos by amending the Beraisa
currently under discussion to read - 've'Keivan de'Lo Tzerichah Kaparah,
Havah Lei ke'Chatas she'Meisu Ba'alehah', not because of Rebbi Elazar
ha'Kapar at all, but because, having designated the animal, it became
sanctified, and the Hafarah renders it similar to a Chatas whose owner died,
in which case it must die (presumably mi'de'Rabbanan).
2)
(a) We finally resolve our She'eilah from a Beraisa. The Tana says that a
man who annulled his wife's Nezirus after her friend heard her and said
'va'Ani' - that she is permitted but her friend remains forbidden (even
though she linked her own Nezirus to that of her friend).
(b) This proves - that a husband annuls his wife's Nedarim from now on and
not retroactively.
(c) We reconcile this with the Sugya above, where we proved from the Beraisa
which obligated the Nezirah to bring her Chatas but not her Olah, that a
husband uproots a Neder retroactively - by turning this point into a
Machlokes Tana'im, bearing in mind that the previous Beraisa goes according
to Rebbi Elazar ha'Kapar, and this Beraisa, like the Rabbanan (Tosfos).
3)
(a) According to Rebbi Shimon in the current Beraisa - if the friend says
'Hareini Kamosech' - she too, becomes permitted.
(b) The Ri (in Tosfos) reconciles Rebbi Shimon with the Mishnah in the first
Perek, which based on the principle 'Ein Nezirus la'Chatza'in', rules that
someone who undertakes Nezirus for one day only, remains a Nazir for thirty
days - by means of a Tosefta, which explains that the Lashon used here
implies that the Nezirus of the second woman is totally conditional to that
of the first one (and should not be viewed in the light of half a Nezirus).
(c) According to the Ri, Rebbi Shimon is coming to explain the Tana Kama,
not to argue with him. According to Rabeinu Peretz - Rebbi Shimon compares
the case of 'va'Ani' to that of 'Hareini Kamosech', in which point he argues
with the Rabbanan, who do not.
22b---------------------------------------22b
Questions
4)
(a) Rami bar Chama asked - whether someone who declared 'Harei Alai ki'Besar
Zevach Shelamim' had in mind ...
1. ... 'be'Ikra (or 'me'Ikara) Matfis' - which means after the designation
of the Shelamim (but before the Zerikas ha'Dam when it was forbidden to eat.
This is the equivalent of 'me'Ikara' [its original status]).
2. ... or 'bi'Tzenana Matfis' (from the word 'Tzonan' meaning after its Isur
has cooled down) - which means after the Zerikah, when it is permitted.
(b) Mar Zutra Brei de'Rav Mari resolves Rami bar Chama's She'eilah from the
above Beraisa - that the Noder must have had in mind 'be'Ikra', because
otherwise, the Nezirus of the friend would be permitted too.
(c) Others differentiate between the two cases - inasmuch as in our case,
the Tana holds 'be'Ikra Matfis' only because, after the Hafarah, there is
nothing left for the friend to have had in mind (so he cannot have meant to
be Matfis 'bi'Tzenanah'; whereas in the case of the Shelamim, it is feasible
to suggest that 'be'Tzinenah Matfis', and the Noder really had in mind the
Shelamim after the Zerikah, seeing as it is still considered a Shelamim in
various regards (e.g. eating it outside Yerushalayim).
(d) The final word in the Sugya on this matter is - that others agree with
Rami bar Chama.
5)
(a) Despite the fact that the Sugya in Nedarim establishes Rami bar Chama's
She'eilah after the blood has already been sprinkled and the Shelamim was
permitted, we can resolve it from the above Beraisa, which speaks when the
friend said 'va'Ani' whilst her friend was still a Nezirah - because
clearly, Rami bar Chama himself, disagrees with the Sugya in Nedarim,
establishing it in a case when the blood had not yet been sprinkled.
(b) Others explain the Sugya differently. According to them, Mar Zutra B'rei
de'Rav Mari proves from Rami bar Chama that the Beraisa might even hold that
a husband annuls his wife's Nedarim retroactively (like the previous Sugya
concluded). The friend nevertheless remain Asur after the husband annulled
the Nezirus - because, when she said 'va'Ani' she had in mind to be like her
friend up to the time that her friend's husband annulled her Nezirus
(irrespective of what happened to her friend after that) Tosfos.
(c) There are however, numerous problems with this explanation. The first of
these emanates from the words of Rami bar Chama himself - who does not
resolve his She'eilah (as this explanation suggests) Tosfos.
(d) Another problem is the Sugya above, which discussed the ramifications of
the She'eilah whether the husband annuls his wife's Nedarim retroactively,
or only from now on - the ramifications of which are whether her friend who
said 'va'Ani' becomes permitted too, or not (disproving this interpretation
of Rami bar Chama, which forbids her either way) Tosfos.
6)
(a) If the friend said 'be'Ikvech', she might mean that she wants to be like
her friend ultimately turns out to be (a Nezirah if her husband does not
annul her Nezirus, but permitted, if he does) - or she might mean that she
wants to be a Nazir like her ('be'Ikrah' or 'be'Kula Milsa' - similar to
Rami bar Chama's She'eilah).
(b) We attempt to prove from our Mishnah 'ha'Ishah she'Nadrah be'Nazir
ve'Shama Ba'alah va'Amar 'va'Ani', Eino Yachol Lehafer' - that 'be'Ikvah'
implies 'be'Ikra' (because otherwise [if it meant 've'Kula Milsa'], why
would the husband not be permitted to annul her Nezirus, permitting her
whilst remaining himself forbidden)?
(c) We attempt to prove our point from there, despite the fact that the
husband said 'va'Ani' and not 'be'Ikvech' - because 'va'Ani' of the husband,
who is empowered to annul his wife's Nedarim, implies as much Kula Milsa as
'be'Ikvech of someone else.
(d) We refute the proof from there however, on the grounds that, even if
'va'Ani' of the husband (and 'be'Ikvech') would imply Kula Milsa, he would
not be permitted to annul his wife's Nezirus after having said 'va'Ani' -
because 'va'Ani' is considered a Hakamah (as we explained earlier), after
which, he will only be permitted to annul the Nezirus if he first annuls his
Hakamah.
7)
(a) We learned in our Mishnah that, if a man says to his wife 'Hareini Nazir
ve'At ve'Amrah Amen, Meifer es she'Lah, ve'Shelo Kayam'. We have a problem
from a Beraisa, which states 'Sheneihem Asurin'. The Seifa of the Beraisa,
with regard to where she did not say 'Amen' - says 'Sheneihem Mutarin'.
(b) The Tana's reason ...
1. ... in the Reisha is - because a husband uproots his wife's Neder
retroactively, and annulling her Neder would incorporate annulling his own
Neder too.
2. ... in the Seifa is - because he linked his own Nezirus to hers, and,
seeing as she did not accept the Nezirus, his Nezirus is not effective
either.
(c) Rav Yehudah amends the Beraisa, adding a (middle) section to read like
our Mishnah. There are now three sections in the Beraisa. The Reisha, which
rules that if he did not annul her Neder, both are forbidden, does not teach
us anything. The Chidush of the Beraisa lies in the Seifa, which permits him
to annul her Neder, whilst his Neder remains intact, because the Tana holds
that the husband annuls his wife's Nedarim from now on (and not
retroactively) Tosfos.
(d) Abaye slightly amends the Reisha, without adding anything else to the
Beraisa. The difference according to him, between the text of our Mishnah
and that of the Beraisa is - that where the Mishnah says 've'At' (implying
that he accepts Nezirus anyway, and is asking her whether she wants to do
likewise), the Beraisa says 'Ratzah At' (or 've'Im At'), linking his Neder
with hers. Consequently, in the latter case, he cannot annul her Neder
without annulling his, whereas in the former, he can.
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