Nazir - Daf 20
- Contradictory testimony about the number of nezirus terms declared
The next Mishnah states: מי שהיו שתי כיתי עדים מעידות אותו – One about whom two sets of witnesses were testifying, אלו מעידים שנזר שתים ואלו מעידים שנזר חמש – these testify that he declared two nezirus terms, and the [others] testify that he declared five terms, Beis Shammai say: נחלקה העדות ואין כאן נזירות – the testimony is contradictory and there is no nezirus. Beis Hillel say: יש בכלל חמש שתים שיהא נזיר שתים – Two is included in five, so he is a nazir for two terms. Each term of nezirus is treated as a separate testimony, so the two terms which are agreed upon is acceptable testimony. The Rosh explains that the subject of the testimony denies making any declaration of nezirus. The Gemara presents an opposing view of the machlokes: Rebbe Yishmael the son of Rebbe Yochanan ben Berokah says that all agree that with two sets of witnesses, the testimony of two terms is accepted. Their argument pertains to a single pair of witnesses who testify about different numbers of terms. There, Beis Shammai say that since one witness must be lying, the testimony is invalid. With two sets of witnesses, however, even if one set is lying, there remains a valid set of witnesses for at least two terms. Beis Hillel say that even with one pair, the testimony which is agreed upon is accepted.
- Different cases of someone saying “And I” after hearing a nezirus declaration
The fourth Perek begins: מי שאמר הריני נזיר, ושמע חבירו ואמר ואני ואני – One who said, “I am a nazir,” and his friend heard and said, “And I,” and a third said, “And I,” כולם נזירים – they are all nezirim. הותר הראשון הותרו כולן – If the first becomes permitted through annulment, they are all permitted automatically. הותר האחרון האחרון מותר וכולם אסורין – If the last becomes permitted, the last is permitted and the rest remain forbidden. If the second person says: פי כפיו ושערי כשערו – “My mouth is like his mouth” (and forbidden in grape products), or “My hair is like his hair” (and forbidden in shaving), he becomes a nazir. The Mishnah continues that if a woman says, “And I” after her husband’s nezirus, or if he said, הריני נזיר ואת – “I am a nazir, and you?” and she said, “Amen,” her husband can be meifir her nezirus. But in the reverse, where the husband says, “And I” after his wife’s nezirus, or if she said, “I am a nazir, and you?” and he said “Amen,” he cannot be meifir her nezirus, since his nezirus is dependent on hers. The Gemara will analyze this ruling on Daf 21.
- והוא שהתפיסו תוך כדי דיבור
Reish Lakish was sitting before Rebbe Yehudah Nesiah, and said: והוא שהתפיסו כולן בתוך כדי דיבור – This [halachah] only applies where they all connected to his declaration during “the time required for an utterance.” The Gemara defines תוך כדי דיבור as כדי שאלת שלום – the time required to give a greeting, which it further defines as כדי שאומר שלום תלמיד לרב – the time required for a student to greet his teacher, i.e., three words (שלום עליך רבי – Peace unto you, my teacher). Thus, our Mishnah would only allow for three more people to successively become nezirim. Rebbe Yehudah Nesiah protested: תוב לא שבקת רווחא לתלמידא – You have not given any space for a student! If a student would meet his teacher when hearing someone declare nezirus, he would have to greet his teacher and lose the chance to say, “And I.” Rebbe Yehudah therefore holds that saying “And I” immediately after the three-word time limit also suffices (and he would allow a fourth person to say “And I”). The Gemara will bring a Baraisa in support of Reish Lakish’s view.
