DAF DISCUSSIONS - NAZIR 38

Elisha Yagudayev asks:

1) The Gemara (bottom of 37b till top of 38a) explains that from the word Mikol(as tosfos 37b d"h ela explains), we learn that isur is mitztaref with isur by nazi to make one chayav malkus. Then it says that R' Shimon learns from there that one must list all nazir prohibitions if you start the list. But if you look on 3b-4a, the rabbanan and R' shimon learn their opinions (that isur mitztaref bisur and must list all isurim, respectively) from the words "mechartzanim vead zag" not from "mikol..." as our gemara says! (I think this is only a problem according to how the Rosh explains the Drasha on 4a. According to Tosfos 4a d"h Mikkol, it seems lik he holds they DO learn it out form "mikol.."Correct me if I am wrong).

2) If the Rav can please clarify the Tosfos 38a d"h deleit leih tziruf", second answer. Is he saying that R' Shimon might say that by a mixture, we would say that the isur will be batel brov and we would think its mutar and come the pasuk of mishrat to teach that even then, we apply heter mitztaref leisur and say its asur. I'm not sure if that is the correct hava amina without the pasuk.

Thank you!

Elisha Yagudayev, flushing, united states

The Kollel replies:

1) Yes, I think the problem is only according to the Rosh, but again I do not think this should be problematic because one can say that according to the Rosh on 37b-38a we are also learning from "me'Chartzanim v'Ad Zag." The Hagahos ha'Bach (37b, #2) cites the end of the verse, "me'Chartzanim v'Ad Zag," as well. Even though the Gemara (beginning of 38a) cites only the beginning of the verse, "mi'Kol Asher Ya'aseh," it is not unusual that the Gemara cites only the beginning of the verse even though the Limud is from the end of the verse.

2) Yes, I think you have the right Pshat, Elisha. The Shitah of Rebbi Shimon, that one receives Malkus for any small amount, applies only when the Isur is on its own, but if the Isur is in a mixture, the verse "Mishras" is needed to tell us that it is forbidden.

Kol Tuv,

Dovid Bloom