Nazir - Daf 61
- The source that a slave can become a nazir, and why a source is needed
The ninth Perek begins: הכותים אין להם נזירות – Gentiles do not have the law of nezirus. נשים ועבדים יש להן נזירות – Women and slaves have the law of nezirus. חומר בנשים מבעבדים – There is a stringency regarding women greater than slaves, שהוא כופה את עבדו ואינו כופה את אשתו – that one may force his slave to violate his nezirus, but cannot force his wife to violate her nezirus (although he can be meifir). A Baraisa provides the source that slaves can become nezirim: "ואמרת אליהם" לרבות את העבדים – the extra phrase “and say to them” comes to include slaves for nezirus. The Gemara wonders why a special source is necessary, since there is a principle that a slave is subject to all laws which apply to women. Rava answers that since the passuk of nedarim says "לאסור איסר על נפשו" – to bind his soul with a bond, במי שנפשו קנויה לו – this implies someone whose soul belongs to him can vow, יצא עבד שאין נפשו קנויה לו – this excludes a slave, whose soul does not belong to him, but to his master. הואיל ואין נפשו קנויה לו – Since his soul does not belong to him regarding nedarim, אימא גבי נזיר נמי לא – I would say that for nezirus he is also not able, קמשמע לן – so the Torah teaches otherwise.
- Source that Gentiles cannot become nezirim
A Baraisa states: "דבר אל בני ישראל" ולא לעובדי כוכבים – Speak to the children of Israel about the law of nezirus, but not to idolators. We do not accept his nazir korbanos, and he is also not bound by its restrictions. The Gemara asks that a similar derashah appears elsewhere (by eruchin) and is limited by an additional derashah of "איש" (which includes Gentiles), so a similar limitation should be made here (as the Rosh explains, that although his korbanos are not accepted, he should be subject to nazir prohibitions). Two answers are ultimately given. The first is a derashah that only those who are subject to tumah are subject to nezirus, as opposed to Gentiles who cannot become tamei (discussed below). Rava answers that Gentiles are already excluded from korbanos of nezirus: "לעולה" פרט לנזירות – “for an olah” excludes the nezirus [korbanos] from a Gentile. Therefore, the passuk above excludes them entirely from nezirus.
- Source that Gentiles do not contract tumah
The Gemara answered that Gentiles are excluded from nezirus because the passuk says about a nazir: "לאביו ולאמו לא יטמא" – for his father and mother he cannot contaminate himself, which teaches במי שיש לו טומאה – nezirus applies only to someone who is subject to tumah, יצא עובד כוכבים שאין לו טומאה – this excludes an idolator, who is not subject to tumah. The Gemara suggests a source that Gentiles do not become tamei: "ואיש אשר יטמא ולא יתחטא ונכרתה הנפש ההיא מתוך הקהל" – “And the man that becomes tamei and does not become purified, that soul will be cut off from the Congregation” for entering the Mikdash, במי שיש לו קהל – this teaches that only one who has a congregation, יצא זה שאין לו קהל – which excludes this [Gentile] who does not have a congregation. (Meaning, theirs is not considered a congregation). The Gemara asks that perhaps they are only exempted from the punishment of kares for entering the Mikdash while tamei, but not from actually becoming tamei. After rejecting another suggestion, the Gemara concludes with the above passuk: ואיש אשר יטמא ולא יתחטא – “And the man who becomes tamei and does not become tahor,”which teaches that only Jews, who can become tahor, are subject to tumah, but Gentiles, who cannot become tahor (as the Rosh explains, that the passuk of mei chatas says, “the Children of Israel”), are not subject to tumah.
