ANSWERS TO REVIEW QUESTIONS
prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem
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Nazir 58
NAZIR 58 - Today's learning is dedicated in loving memory of Professor Dr.
Eugene (Mordechai ben Aharon) Heimler, on his 10th yahrzeit, by his beloved
wife, Miriam Bracha. May the Zechus of the Torah being learned around the
world be an Iluy for his Neshamah.
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Questions
1)
(a) One Beraisa learns from the Pasuk "Rosho" that the Mitzvah of shaving
pertaining to a Metzora overrides the La'av of "Lo Sakifu Pe'as Roshchem".
We initially interpret the Chidush of the Beraisa as being - 'Hakafas Kol
ha'Rosh Sh'mah Hakafah' (otherwise, the Tana would not be teaching us
anything).
(b) The Tana of a second Beraisa correlates "Rosho" with the Pasuk written
in connection with a Nazir "Ta'ar Lo Yavo al Rosho" - to teach us that the
Mitzvah of shaving a Metzora even overrides the La'av and the Asei of Nazir.
(c) According to this explanation, this Tana disagrees with the first Tana -
inasmuch as he holds 'Hakafas Kol ha'Rosh Lo Sh'mah Hakafah (in which case
we do not require "Rosho" for a Metzora alone).
2)
(a) Rava attempts to establish that both Beraisos hold 'Hakafas Kol ha'Rosh
Lo Sh'mah Hakafah - and the Chidush of the first Beraisa is that the Metzora
is not obligated to shave the entire head in one sitting, but may even first
shave off the Pei'os and then the rest of the head.
(b) We refute Rava's explanation however, on the basis of a principle stated
by Resh Lakish - that when a La'av and an Asei clash, if one is able to
fulfill the Asei without transgressing the La'av, then he is obligated to do
so (and it is only when he has no alternative that the Asei overrides the Lo
Sa'aseh).
(c) We conclude that both Tana'im hold 'Hakafas Kol ha'Rosh Sh'mah Hakafah',
and the Tana of the first Beraisa is coming to teach us that 'Asei Docheh Lo
Sa'aseh' - and we know that 'Hakafas Kol ha'Rosh Sh'mah Hakafah' from a
S'vara.
(d) The Tana of the second Beraisa learns that 'Asei Docheh Lo Sa'aseh' -
from the juxtaposition of "Lo Silbash Sha'atnez" to "Gedilim Ta'aseh Lach"
(Ki Seitzei), from which we learn that under certain circumstances, the
Mitzvah of Tzitzis overrides the La'av of Sha'atnez.
3)
(a) The Tana of the first Beraisa learns from " ... Tzemer u'Fishtim Yachdav
... Gedilim Ta'aseh Lach" - that although Tzitzis must consist of the same
material as the garment for which it is made, that applies to any material
other than wool or linen, which may be used to make Tzitzis for any type of
garment (as Rava teaches us).
(b) Rava learns from the Pasuk " ... al Tzitzis *ha'Kanaf*" - "ha'Kanaf",
'Min ha'Kanaf' (that wool and linen Tzitzis apart, as we just explained, the
Tzitzis must consist of the same material as the garment for which they are
made).
(c) We ask from where the first Tana (who learns from "Rosho" that 'Asei
Docheh Lo Sa'aseh') learns that 'Asei Docheh Lo Sa'aseh va'Asei (she'Eino
Shaveh ba'Kol)'. What forces us to say that he does is - that otherwise, how
would he know the principle 'Asei Docheh Lo Sa'aseh' (seeing as he does not
learn it from Kil'ayim be'Tzitzis, as we just explained). At first glance,
he cannot learn it from "Rosho" of Metzora (the current D'rashah), which is
a La'av she'Eino Shaveh ba'Kol' (and from which can therefore only learn
that 'Asei Docheh Lo Sa'aseh *she'Eino Shaveh ba'Kol'*). Consequently we are
forced to say that he knows that already from the fact that 'Asei Docheh Lo
Sa'aseh va'Asei' she'Eino Shaveh ba'Kol' (for which we are now seeking the
source), in which case "Rosho" can be used ('Im Eino Inyan') to teach us
'Asei Docheh Lo Sa'aseh' Tosfos.
4)
(a) In fact, the Tana of the first Beraisa learns 'Asei Docheh Lo Sa'aseh
va'Asei she'Eino Shaveh ba'Kol' from the Pasuk "ve'Gilach es Kol Se'aro ...
ve'es *Zekano*" (written in connection with Metzora) - which overrides the
Asei of "Kedoshim Tihyu (in Kedoshim) and the Lo Sa'aseh of "u'Pe'as Zekanam
Lo Yegaleichu" (written in Emor in connection with Kohanim).
(b) According to our supposition that the La'av of u'Pe'as Zekanam Lo
Yegaleichu' overrides the Asei of "ve'Gilach ... " (of a Metzora), the only
way of fulfilling the Mitzvah of "ve'Gilach es Kol Se'aro" is - when the
Pei'os have fallen out by themselves.
58b---------------------------------------58b
Questions
5)
(a) We have a principle 'Ein Asei Docheh Lo Sa'aseh va'Asei'. We cannot
learn from here that it is - because we are speaking specifically about a
'La'av she'Eino Shaveh ba'Kol', whilst the principle pertains specifically
to a 'La'av ha'Shaveh ba'Kol'.
(b) The Tana who learns from "Zikno" that 'Asei Docheh Lo Sa'aseh va'Asei
she'Eino Shaveh ba'Kol', nevertheless requires "Rosho" to teach us that the
Asei of Metzora also overrides the Asei and the Lo Sa'aseh of Nazir. We
cannot learn the latter from the former - because Nazir is also a 'La'av and
an Asei ha'Shaveh ba'Kol' (and, as we just explained, we cannot learn it
from a La'av and an Asei which are 'Eino Shaveh ba'Kol').
(c) And the Tana who learns from "Rosho" that the Asei of Metzora also
overrides the Asei and the Lo Sa'aseh of Nazir - nevertheless requires the
Pasuk of "Zikno" - to teach us that just as the prohibition of shaving one's
beard is confined to a razor, so too, can the Mitzvah of shaving a Metzora
only be performed with a razor.
(d) We learn from the two Pesukim "Lo Yegaleichu" and "ve'Lo Sashchis" (both
written with regard to shaving the five corners of one's beard) - that one
is only Chayav for shaving the beard in a way that constitutes both shaving
and destruction (i.e. a razor) to preclude a pair of scissors (which is not
considered shaving) and tweezers and a plane (according to some commentaries
[which is not considered shaving]).
6)
(a) We might have answered the previous Kashya by establishing the Tana of
'Zikno' like the Tana of the first Beraisa, who learns from "Rosho" that
'Asei Docheh Lo Sa'aseh'. We might also have refuted the Kashya (that we
should learn 'Kohen' from 'Nazir') on the grounds that the La'av of Nazir
has the weakness - that it can be revoked.
(b) From the Pasuk of "Zikno" we could learn that a. the 'Asei' of shaving a
Metzora overrides the La'av and the Asei of Kohanim cutting their beards
(which is 'Eino Shaveh ba'Kol') and b. that it overrides the La'av of
Yisre'eilim cutting their beards (which is a La'av ha'Shaveh ba'Kol).
(c) 'Shekulin Hein ve'Yavo'u Sheneihen' means - that since we have a choice
of learning one of two things from a Pasuk, and we have no reason to learn
one more than the other, we learn both.
(d) We are trying to prove from this principle that the Pasuk "Rosho" is not
necessary (to teach us 'Asei Docheh Lo Sa'aseh, since we can learn it from
"Zikno".
7)
(a) We prefer to learn that an Asei overrides both a La'av and a La'av and
an Asei from "Zikno", rather than from "Rosho" (from which we could also
learn both, as we saw at the beginning of the Sugya) - because the La'av (of
"ve'Lo Sashchis") pertaining to Kohanim is the same as that pertaining to
Yisre'eilim, whereas the La'av of Hakafah ("Lo Sakifu") and that of Nazir
("Ta'ar Lo Ya'avor al Rosho") are two separate La'avin (Tosfos).
(b) By the same token, it is clear that "Rosho" incorporates a S'tam Metzora
(to teach us that 'Asei Docheh Lo sSa'aseh, even when it Shaveh ba'Kol, as
we explained earlier) and a Metzora who is a Nazir (to teach us 'Asei Docheh
La'av va'Asei she'Eino Shaveh ba'Kol) as Tosfos extrapolates from the
insertion of Nazir in our Sugya. Nevertheless, we cannot learn ...
1. ... Kohen from Nazir ("Rosho") - because the latter La'av can be revoked
by a Chacham, whereas the former cannot.
2. ... Nazir from Kohen - because the latter La'av (that of cutting the
beard) is not equal to everyone (i.e. since it does not pertain to women),
whether the former is.
3. ... Asei Docheh Lo Sa'aseh va'Asei from either of these two - because
either La'av has a weakness, as we just explained.
(c) Nor can we even learn all other cases from a 'Mah ha'Tzad' (a
combination of the two) - because the Asei of Metzora (which overrides them)
is different than other Asei, inasmuch as it leads to Shalom Bayis, which
other Asei do not (Tosfos).
8)
(a) When Rav permits shaving his body-hair with a razor, he is referring to
the La'av of "Lo Yilbash Gever Simlas Ishah".
(b) To reconcile Rav with the Tana of a Beraisa (who prohibits the removal
of the underarm hair and that of the Beis ha'Ervah, we differentiate between
shaving it with a razor and using scissors. When he referred to a 'razor' -
what he really meant was shaving it with scissors (that remove the hair
completely, like a razor).
(c) According to others [the Ba'al halachos Gedolos and the Rif], we
differentiate between other body-hair and underarm hair on the one hand, and
underarm hair and that of the Beis ha'Ervah, on the other. To reconcile Rav
with the Beraisa which forbids even other body-hair - we establish his
statement by scissors, whereas the Beraisa speaks by a razor.
9)
(a) Tosfos, on the following Amud, will cite two readings of this text.
According to one way of reading it, after differentiating between the
general body-hair, and the underarm hair and that of the Beis ha'Ervah, and
asking from the Beraisa which presents shaving (unspecified) body-hair as
being de'Rabbanan, concludes '*Ela* Ki Ka'amar Rav be'Misparayim', ve'Chi
Tanya ha'Hi, be'Misparayim'. The significance of 'Ela" is - that it
implies that he is referring to underarm hair and that of the Beis ha'Ervah,
to permit shaving *all* body-hair with scissors.
(b) Without 'Ela', it would imply that the concession of using scissors is
confined to other body-hair, but not to underarm hair and that of the Beis
ha'Ervah (though Tosfos themselves, are not sure that 'Ela" is implied even
if it is not written).
10)
(a) Rebbi Chiya bar Aba Amar Rebbi Yochanan sentences anyone who shaves the
underarm hair or that of the Beis ha'Ervah to Malkos. We resolve this with
the Tana of a Beraisa, which states that he only receives Malkos
de'Rabbanan - by explaining Rebbi Yochanan too, to mean Malkos
mi'de'Rabbanan.
(b) Rebbi Yochanan disagrees with Rav - inasmuch as he prohibits using even
scissors (whereas Rav does not, according to our text, as we just learned)
Tosfos.
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