Nazir 5:3-4

Nazir 5:3

Let’s say that a person took a vow to be a nazir, then he inquired of a Torah authority if his vow was binding and he was informed that it was. In such a case, his nezirus is effective from the time he took his vow. If the scholar informs him that his vow is not binding and he had already designated animals for his sacrifices, they may be returned to the flocks. Beis Hillel said to Beis Shammai, “Don’t you agree in this case that it was consecrated in error but it may be returned to the flock?” (This would be counter to Beis Shammai’s general principle that something accidentally consecrated is consecrated.) Beis Shammai responded, “Don’t you agree that if a person erred while counting his animal tithe and he called the ninth animal the tenth, or he called the tenth the ninth, or he called the eleventh the tenth, that it is consecrated?” (This would be counter to Beis Hillel’s general principle that something accidentally consecrated is not consecrated.) Beis Hillel replied that it’s not the rod used for counting that consecrates the animal – placing the rod on the eighth or twelfth animal accomplishes nothing. Rather, it is a Torah decree that the ninth or eleventh animal is consecrated in such a situation.

Nazir 5:4

Let’s say that someone undertook nezirus and went to bring his sacrifices only to discover that the animals were stolen. If he accepted nezirus before the animals were stolen, he is a nazir (and his vow cannot be annulled). If he accepted nezirus after the animals were stolen, he is not a nazir (i.e., his vow can be annulled). Nachum the Medean made the following error: when nazirs came from outside Israel and found the Temple destroyed, he asked them, “If you had known that the Temple had been destroyed would you have accepted nezirus upon yourselves?” When they replied no, he released them from the obligation. When the Sages heard about this, they said that whoever accepted nezirus before the Temple was destroyed is a nazir but anyone who accepted nezirus afterwards is not a nazir.