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NEDARIM 19

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12TH CYCLE DEDICATION
NEDARIM 16-19 - Two weeks of Dafyomi study material have been dedicated by Ms. Estanne Abraham-Fawer to honor the eighth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

SUMMARY

A Safek Bechor is not given to the Kohen because ha'Motzi me'Chaveiro Alav ha'Re'ayah. (1)
 
It is forbidden to shear the wool or do Avodah with a Safek Bechor. (2)
 
If a liquid is Safek Tamei it is regarded as Tamei.
 
If it is a Safek whether liquid made an item Tamei the item is not regarded as Tamei.
 
Rebbi Elazar says that liquid is not susceptible to Tum'ah Min ha'Torah.
 
Rebbi Yosi Ben Yoezer testified that a grasshopper called Ayil is Kosher and that liquid in the Azarah is Tahor. (3)
 
Shmuel says that the liquid in the Azarah is Tahor from conveying Tum'ah but it is susceptible to Tum'ah. (4)
 
Rav holds that the liquid in the Azarah is not susceptible to Tum'ah.
 
If someone vows he will be a Nazir if this pile of grain consists of 100 Kor and the grain is lost or stolen Rebbi Yehudah says that he is not a Nazir.
 
Rebbi Shimon holds that if the grain is lost or stolen he is a Nazir mi'Safek.
 
Rebbi Yehudah holds that a Neder of Stam Terumah in Yehudah is forbidden, but not in Galil because the people of Galil are not familiar with Terumas ha'Lishkah. (5)
 
A Safek Nezirus is more stringent than a definite Nezirus because a Safek Nazir may never bring his Korbanos and shave his hair. (6)
 
If someone vows that he will be a Nazir forever, he may trim his hair and bring the Korbanos when his hair gets long.
 
Rebbi Yehudah says in the name of Rebbi Tarfon that a vow of Nezirus must be unconditional.
 
Rebbi Eliezer Bar Tzadok says that Stam Charamim in Galil is forbidden because they are only familiar with Chermei Hekdesh. (7)

A BIT MORE

1. For example if a person or an animal gave birth to both a male and female and we do not know which one was born first, the Kohen does not have a right to the Bechor or to the redemption of five Sela'im because it is a Safek Bechor.
 
2. Even though a Safek Bechor does not have to be given to a Kohen, it must be treated with Kedushas Bechor.
 
3. Rebbi Yosi Ben Yoezer holds that the Tum'ah of liquid is only mid'Rabanan and the Rabanan do not uphold their decrees in the Beis ha'Mikdash.
 
4. Shmuel holds that liquid is susceptible to Tum'ah mid'Oraisa and therefore it applies even in the Azarah. However it does not convey Tum'ah mid'Oraisa and therefore even though the Rabanan decreed that it conveys Tum'ah, this does not apply in the Azarah.
 
5. Since they are not familiar with the Terumas ha'Lishkah they have regular Terumah in mind with their Neder, and since regular Terumah is a Davar ha'Asur and not a Davar ha'Nadur it is not a valid Neder.
 
6. It is forbidden to bring a Korban on the Mizbe'ach if it is a Safek.
 
7. However if they were familiar with Chermei Kohanim it would not be a Neder because Rebbi Eliezer Bar Tzadok holds that a Stam Neder is permitted.

BRIEF INSIGHT

SAFEK NEZIRUS
 
A Safek Nezirus is more stringent than a definite Nezirus because a Safek Nazir may never bring his Korbanos and shave his hair. The Ran asks that why can a Safek Nazir not bring his Korban Shelamim and Olah conditionally by stating that if he is not a Nazir the Korbanos shall be a Korban Nedavah? Even though he may not bring his Korban Chatas conditionally because a Korban Chatas may not be brought as a Nedavah, however the Halachah is that if a Nazir shaves after bringing only one of his Korbanos it is valid. The Ran answers that l'Chatchilah the Nazir may not shave without bringing all three Korbanos and if he shaves after one Korban it is only valid b'Di'eved. The Ri answers that a Nazir must shave his entire head which is forbidden for a non-Nazir according to one opinion because it includes shaving the sideburns which is forbidden. Therefore a Safek Nazir may not shave because it may be prohibited for him to shave his sideburns.

QUICK HALACHAH

LOST GRAIN
 
If someone vows he will be a Nazir if this pile of grain consists of 100 Kor and he went to measure it and he found that the grain is lost or stolen he is not a Nazir because we are lenient regarding Safek Nezirus. (Rambam Hilchos Nezirus 2:9)

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