Nazir - Daf 16
- The date of shaving for nezirus, and tumah on the final day
The third Perek begins with four cases which were discussed in detail on Daf 5-6 (regarding the machlokes if standard nezirus is twenty-nine or thirty days). According to Rav Masna there, that standard nezirus is thirty days, the Mishnah is explained as follows: מי שאמר הריני נזיר מגלח יום שלשים ואחד – One who said, “I am a nazir,” shaves [and brings korbanos] on the 31st day. ואם גילח ליום שלשים יצא – But if he shaved on the 30th day, it is valid, because the partial 30th day is tantamount to a full day. The same holds true if he declared two nezirus terms.
נטמא יום שלשים סותר את הכל – If a nazir became tamei on the 30th day, he forfeits all prior days and begins again, since he became tamei before the shaving and korbanos. Rebbe Eliezer holds he merely waits to become tahor, and then shaves, ending his nezirus. (He regards the partial 30th day as the completion of his term, even before shaving). He would agree that an explicitly declared nezirus of thirty days would be forfeited by a tumah on the 30th day. A nazir of 100 days who became tamei on the 100th day, according to the Tanna Kamma begins anew, and according to Rebbe Eliezer must observe only a thirty-day term. If he became tamei on the 101st day, he is Rabbinically required to observe another thirty-day period, to avoid confusion with the 100th day. (Rebbe Eliezer does not accept this enactment).
- Nezirus declaration in a cemetery, re: counting days and korbanos of tumah
The next Mishnah teaches: מי שנזר והוא בבית הקברות – One who declared nezirus while in a cemetery, אפילו היה שם ל' יום – even if he was there for thirty days, אין עולין לו מן המנין, ואינו מביא קרבן טומאה – they do not count towards his term, and he does not bring a korban tumah which a nazir normally would bring, since he began his nezirus in a tumah state. יצא ונכנס – If he left, and returned to the cemetery after becoming tahor,עולין לו מן המנין – the time before re-entering counts towards his term, ומביא קרבן טומאה – and since his nezirus taharah has begun, he brings a korban tumah for returning to the cemetery as a nazir. Rebbe Eliezer says he does not forfeit the single day counted before becoming tamei, because the passuk says: והימים הראשונים יפלו – “And the first days shall fall aside,” teaching עד שיהו לו ימים ראשונים – until there are first “days” (plural), no forfeiture takes place. After becoming tahor, only twenty-nine more days would remain for his term.
- If nezirus takes effect inside a cemetery
The Gemara records a machlokes about a declaration of nezirus inside a cemetery. Rebbe Yochanan says: נזירות חלה עליו – nezirus takes effect upon him, because he holdsמיתלא תליא וקיימא, כיון דמשכחא טהרה חיילא – it is left suspended, and when it finds a taharah state it takes effect automatically. He is thus bound by all nezirus restrictions even before becoming tahor. Reish Lakish says: אין נזירות חלה עליו – nezirus does not take effect on him. אי הדר ואמר חיילא עליה, ואי לא לא – If he repeats his declaration after becoming tahor, it will take effect, but if not, it does not. Although our Mishnah taught that such a person cannot count towards his term and does not bring korbanos of tumah, implying that he did become a nazir, Reish Lakish interprets the Mishnah to mean that he is not subject to these laws at all, i.e., he is not a nazir. The Gemara on the next Daf will revise their machlokes.
