Nazir - Daf 49
- Why לאביו and לאמו are both needed according to Rebbe Akiva
The Gemara asks that since Rebbe Akiva derives from "לאחיו" that even a Kohen Gadol who is a nazir becomes tamei for meis mitzvah, and certainly an ordinary Kohen Gadol, why did the Torah need to write לאביו ולאמו by Kohen Gadol? The Rosh clarifies that although לאמו is needed for the gezeirah shavah, לאביו is superfluous. The Gemara answers that if the Torah had written “his father,” הוה אמינא היינו טעמא דלא מיטמא ליה – I might say that the reason he cannot become tamei for him, משום דחזקה בעלמא הוא – is because it is only a presumption that he is truly his father and cannot be established with certainty, אבל אמו דידעין דילידתיה ליטמא לה – but his mother, whom we know for certain gave birth to him, he could become tamei for her. If the Torah had only written “his mother,” I might say he cannot become tamei for her because his lineage does not follow hers, but perhaps he could become tamei for his father, whose lineage he follows.
- The various sources of tumah for which a nazir has the halachos of a nazir tamei
The next Mishnah states: על אלו טומאות הנזיר מגלח – For the following tumos a nazir must shave: The Mishnah lists ten sources of corpse-tumah: A corpse, a kezayis of a corpse, a kezayis of “netzel” (a substance of decomposed flesh), a ladleful of dust from a corpse, a spinal cord, a skull, a limb removed from a corpse, a limb removed from a living person, a half kav of bones, and a half log of blood. About these ten the Mishnah concludes: ועל מגען ועל משאן ועל אהילן – [he becomes a nazir tamei] for touching them, carrying them, or through their ohel. An eleventh case: ועל עצם כשעורה על מגעו ועל משאו – And for a bone the size of barley, for touching it or carrying it (it does not convey tumah through ohel). The Mishnah concludes: על אלו הנזיר מגלח ומזה בשלישי ובשביעי – For all these [tumos] a nazir must shave and has to sprinkle [with mei chatas] on the third and seventh days, וסותר את הקודמין – and he forfeits the previous days, ואינו מתחיל למנות אלא עד שיטהר ומביא את קרבנותיו – and he does not begin to count anew until he becomes tahor and brings his korbanos.
- The incident of Rebbe Meir’s talmid who pushed his way in against Rebbe Yehudah’s instruction
The Gemara relates that after Rebbe Meir passed away, Rebbe Yehudah told his talmidim: אל יכנסו תלמידי רבי מאיר לכאן – Rebbe Meir’s talmidim are not to enter here, מפני שקנתרנין הן – because they are confrontational, ולא ללמוד תורה הן באין אלא לקפחני בהלכות הן באין – and they do not come to learn Torah, rather to undermine me with halachos. Sumchos, a talmid of Rebbe Meir, pushed his way in and told them that Rebbe Meir had taught him that a nazir must shave for tumah “from a corpse, or from a kezayis from a corpse.” Rebbe Yehudah said this confirmed his critique: if he must shave for contact with a mere kezayis of a corpse, why would he need to say “a corpse”? On the next Daf, Rebbe Yose said: יאמרו: מאיר שכב, יהודה כעס, יוסי שתק– Shall they say, “Meir died, Yehudah became angry, and Yose remained silent? תורה מה תהא עליה – What will become of the Torah? Rebbe Yose was concerned that if he was silent out of deference for Rebbe Yehudah, the authentic version of the Mishnah’s text, which was in accordance with Rebbe Meir, would be lost. The Gemara suggests three answers to Sumchos’s challenge.
