Nazir - Daf 48
- A nazir and Kohen Gadol may become tamei through contact with tzaraas and zivah
This Daf consists of a series of derashos of the phrases written by the respective prohibitions of nazir and Kohen Gadol becoming tamei from a corpse. The word "ולאמו" – or for his mother, written by Kohen Gadol, teaches us to make a gezeirah shavah to learn from nazir what Rebbi taught there: גבי נזיר – Regarding a nazir the Torah wrote he cannot contract tumah from relatives “in their death,” teaching: במותם אינו מיטמא אבל מיטמא הוא לנגעם ולזיבתם – only “in their death” he cannot become tamei, but he may become tamei with their tzaraas or zivah. He is permitted to contract any other tumah (besides corpse-tumah), even tzaraas, which is compared to death. Thus, the word "ולאמו" teaches that for a Kohen Gadol as well, tumah from tzaraas and zivah are permitted.
- The source that a Kohen Gadol and nazir become tamei for a meis mitzvah
On the previous Daf, a Baraisa said that the word "לאביו", written by Kohen Gadol, teaches that although a Kohen Gadol cannot become tamei for his relatives, he does become tamei for a meis mitzvah. The Gemara here asks for the source for this halachah by nazir. Rebbe Yishmael darshens it from an extra word in the parallel passuk of nazir, and the Gemara will conclude that it is the word "לאחיו" which teaches: לאחיו אינו מיטמא, הא למת מצוה מיטמא – only for his brother he does not become tamei, but for a meis mitzvah he does become tamei. The Gemara attempts to learn it from a kal vachomer from Kohen Gadol (which is more stringent, being permanent), and the Gemara says there is no kal vachomer (because a nazir brings a korban for his tumah, and a Kohen Gadol does not). Rebbe Akiva darshens the words "לאביו ולאמו" by nazir to teach that he becomes tamei for meis mitzvah and learns from "לאחיו" that even one who was both a Kohen Gadol and a nazir becomes tamei for a meis mitzvah. Rebbe Yishmael holds that an additional passuk is not needed for this case, because if one mitzvah is superseded by meis mitzvah, it follows that two would, as well.
- Even someone going to perform pesach or milah becomes tamei for a meis mitzvah
A Baraisa explains that the word"ולאחותו" - and for his sister, written by nazir teaches: הרי שהלך לשחוט את פסחו ולמול את בנו – If one was going to shecht his pesach or circumcise his son, ושמע שמת לו מת – and he heard that a relative died, he cannot become tamei for them, because these mitzvos, which are punishable by kares, are more severe than the mitzvah to bury his relatives. The Torah writes "ולאחותו" to qualify this law: לאחותו הוא דאינו מיטמא – only for his sister he does not become tamei while on the way to perform these mitzvos, הא למת מצוה מיטמא – but for a meis mitzvah he does become tamei, even at the expense of pesach or milah. The Gemara below adds that even Rebbe Yishmael, who holds that if meis mitzvah supersedes a single mitzvah it would also supersede two mitzvos, would agree that a passuk is needed here, because these mitzvos carry the unique severity of kares.
