Nazir - Daf 12
- האומר לשלוחו צא וקדש לי אשה סתם אסור בכל הנשים שבעולם
Rav Yitzchak bar Yosef said in the name of Rebbe Yochanan: האומר לשלוחו צא וקדש לי אשה סתם – If one says to his agent, “Go and be mekadesh a woman for me,” without specifying anyone, אסור בכל הנשים שבעולם – he is forbidden in all women in the world as possible relatives of his unidentified wife, because we say: חזקה שליח עושה שליחותו – it is presumed that an agent performs his agency, and anyone may be his wife. [Tosafos explains that all women may marry other men, and are not forbidden as possibly married women, because Biblically, we rely on רוב - the majority, that any given woman is from the majority who is permitted to him. His being prohibited to all women is a Rabbinic penalty for his having acted irresponsibly.] Reish Lakish challenged him from a Mishnah about bird-korbanos which flew away, and do not invalidate all birds in the world. Rebbe Yochanan answered that he only forbade women, who do not move about (or, at least, return to their place) and are considered fixed (Rabbinically), and thus cannot rely on the rule of majority, because כל קבוע כמחצה על מחצה – anything fixed is treated as a fifty-fifty chance.
- The shaliach is not appointed for a woman who was married at that time
Rava teaches that Rebbe Yochanan agrees that a woman with no living relatives is permitted to the man in the above case, because she cannot have become forbidden to him through whichever woman he married. He adds that this is so even if she has a sister who was married when he appointed the shaliach and was subsequently divorced and eligible for marriage. The Gemara initially understands his reason to be that the man does not intend to commission his agent to be mekadesh someone ineligible at the time of the appointment. This assertion is disproven from our Mishnah, where one who declared to “shave” a nazir can discharge his obligation with someone who become a nazir after his declaration. Therefore, the Gemara explains Rava’s reasoning: לא משוי איניש שליח אלא במילתא דמצי עביד השתא – A person can only appoint a shaliach for that which he himself can do presently, במילתא דלא מצי עביד ליה השתא לא משוי – but for that which he cannot himself do presently, he cannot appoint a shaliach, even if he becomes able after the appointment.
- הרי עלי לגלח חצי נזיר
The next Mishnah states: הרי עלי לגלח חצי נזיר – If one said, “It is upon me to ‘shave’ half a nazir,” and his friend heard and said the same, Rebbe Meir says: זה מגלח נזיר שלם, וזה מגלח נזיר שלם – This one must “shave” a complete nazir, and this one must “shave” a complete nazir. The Chochomim say:זה מגלח חצי נזיר, וזה מגלח חצי נזיר – This one “shaves” half of a nazir, and this one “shaves” half of a nazir. Rava clarifies that if one said: חצי קרבנות נזיר עלי – “Half the korbanos of a nazir are upon me,” then all agree he is only obligated to provide a nazir with half of his korbanos. If he said: קרבנות חצי נזיר עלי – “The korbanos of half a nazir are upon me,” then all agree he would have to fully provide a nazir’s korbanos, because there is no such thing as half a nezirus. Their argument in the Mishnah’s case, where he first said, “It is upon me [to ‘shave’],” followed by “half a nazir,” is because Rebbe Meir holds the first segment obligates him in fully providing a nazir’s korbanos, and the second segment cannot undo that (based on his position elsewhere that תפוס לשון ראשון – give primacy to the first phrase). The Chochomim say the second phrase clarifies the meaning of the first.
