Nazir - Daf 29
- If a father’s declaring his son a nazir is a הלכה or חינוך
The Mishnah taught that a father may make his (minor) son a nazir. Rebbe Yochanan says: הלכה היא בנזיר – It is a halachah [leMoshe miSinai] regarding nazir. Reish Lakish was quoted as saying: כדי לחנכו במצות – the Rabbis enacted it for the father to train his son for mitzvos (the Rosh explains that nezirus is an exercise in abstinence). The details of this law are readily understood according to Rebbe Yochanan, because they are simply the parameters of the halachah as given, but several require explanation according to Reish Lakish: The reason that only a father, but not a mother, can declare a child a nazir, is because he holds the mother is not responsible for her child’s chinuch. A daughter cannot be declared a nazir, because he holds that one is not obligated in his daughter’s chinuch. Nedarim can also be imposed on a son according to Reish Lakish. Relatives can protest his nezirus, although they cannot impede the father’s chinuch, because כל חינוך דלא חשיב לא ניחא ליה – any chinuch which is not dignified, [the son] does not want.
- How shaving and korbanos are permitted for a child’s nezirus
The Gemara raises more challenges to Reish Lakish’s position that a child’s nezirus is a Rabbinic enactment for chinuch. Firstly, how can he be shaved at the end of the nezirus, הא קעביד הקפה – he is committing rounding off his hair, which is prohibited (except for the Biblically mandated shaving of a true nazir)!? The Gemara answers: קסבר הקפת כל הראש מדרבנן – He holds that rounding of the entire head is only d’Rabbonon (as opposed to evening the sideburns with hair behind the ears), so it can be superseded by the Rabbinical enactment of chinuch. Moreover, how can his korbanos be brought? Not being a true nazir, the korbanos are Biblically chullin, and forbidden to be sacrificed! The Gemara answers that he holds, חולין בעזרה לאו דאורייתא – the prohibition to sacrifice chullin in the azarah is not d’Oraysa. Finally, the Gemara asks how the bird-chatas (in the event of tumah) can be eaten, since melikah is not a valid shechitah (except for a real korban). It answers that he also holds דאין שחיטה לעוף מן התורה – shechitah is not Biblically required for birds, and all these Rabbinic prohibitions are superseded by the chinuch of this nezirus.
- Machlokes until when a father can declare his son a nazir
The Gemara presents a machlokes until what age a father can declare his son a nazir. Rebbi says:עד שיביא שתי שערות – until he grows two pubic hairs, and Rebbe Yose son of Rebbe Yehudah says: עד שיגיע לעונת נדרים – until he reaches the “age of nedarim” (a year before adulthood, when he can declare his own nedarim). The Gemara first suggests that the point of contention is whether this nezirus is a halachah leMoshe miSinai or for chinuch (because the chinuch obligation ends after he reaches the age to make nedarim). It then offers two more explanations based on whether the halachah of a minor making nedarim near adulthood is stronger than the father’s ability to declare his son a nazir. A similar machlokes appears about an incident in which Rebbe Chanina’s father declared him a nazir, and he was brought before Rabban Gamliel to be examined. Tannaim disagree if he was checking for two hairs, or if he had reached the “age of nedarim.” Rebbe Chanina told Rabban Gamliel that he need not check him, because he declared himself a nazir on the possibility he was an adult. Rabban Gamliel kissed his head and declared, מובטח אני בזה שמורה הלכה בישראל – “I am certain that he will rule on halachah for Klal Yisroel!” which came to be after a short time.
