Nazir - Daf 17

• The version that the machlokes of nezirus inside a cemetery pertains to malkos of tumah

The Gemara challenges Reish Lakish’s opinion (that nezirus does not take effect inside a cemetery) from a Baraisa which teaches that the difference between a tamei person who declared nezirus and a tahor nazir who became tamei is, that whereas one who began as a tahor cannot begin counting on the seventh day (since he must bring korbanos of tumah), one who began as a tamei can, as soon as he completes the purification process. This proves that he is automatically a nazir!? Therefore, Mar bar Rav Ashi revised the machlokes: מיחל כ"ע לא פליגי דחיילא – Regarding taking effect, all agree that [nezirus] takes effect even in a state of tumah, אלא כי פליגי למלקי – rather, they argue regarding receiving malkos [for intentional tumah]. Rebbe Yochanan holds that he would get malkos and is only excluded from korbanos tumah. Reish Lakish holds that just as he does not bring korbanos tumah, so too he does not incur malkos for intentional tumah. The Gemara eventually brings a Baraisa which explicitly states that he would receive malkos for tumah, and Reish Lakish’s opinion is refuted.

• If שהייה is needed for malkos for a nazir in a cemetery

Rava inquired about a nazir in a cemetery: בעי שהייה למלקות או לא – Is lingering required to incur malkos, or not? This refers to the halachah l’Moshe miSinai that one who became tamei inside the Beis Hamikdash is not liable to kareis unless he lingers there for a specific amount of time (i.e., the time needed for prostration). Rava asked if the same applies to a nazir in a cemetery. The Gemara objects: If he was in a cemetery and warned not to declare nezirus (because he would automatically violate his tumah prohibition), he would incur malkos immediately, since he has been warned (and the requirement of lingering was only taught by inadvertent tumah). Therefore, the Gemara clarifies the inquiry: כגון שנכנס בשידה תיבה ומגדל – It is speaking where he entered the cemetery in a carriage, trunk, or closet, thus avoiding tumah, ובא חבירו ופרע מעליו מעזיבה – and his friend came and opened the floor under him (without his consent), exposing him to the tumah of the cemetery. About this case Rava asked if he will receive malkos for willingly remaining even minimally, or only after lingering, as by tumah in the Beis Hamikdash.

• If nezirus inside a cemetery requires shaving for his tumah

Rav Ashi inquired: נזר והוא בבית הקברות טעון גילוח או לא – If one declared nezirus in a cemetery, does he require shaving or not? This refers to the shaving of the head required by a nazir who became tamei on the seventh day of his purification process, before bringing korbanos on the eighth. His question is explained: כי בעי תגלחת טהור שנטמא – When is shaving required, only for a nazir tahor who became tamei, דקא מטמא לנזירותיה – because he has defiled his nezirus which was begun properly, אבל טמא שנזר לא – but shaving is not required for a tamei who declared nezirus, או דלמא לא שנא – or is there no difference, and all cases require shaving? The Gemara offers three sources to resolve the inquiry and deflects them all, until the Gemara on the following Daf finally brings a conclusive proof that a tamei who became a nazir does not shave for his tumah.