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NAZIR 11

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SUMMARY

If a cup of wine is poured for someone and he says that he is a Nazir from it, he is a complete Nazir.
 
If a person is drunk and a cup of wine is poured for him and he says that he is a Nazir from it, he is not a Nazir. (1)
 
If someone says he is a Nazir on condition that he may drink wine or be Metamei to Mesim he is a complete Nazir.
 
Ravina says that even R. Shimon agrees that he is a completely Nazir and may not drink wine because he made a condition that contradicts the Torah. (2)
 
R. Yehoshua Ben Levi says that R. Shimon holds that he is not a Nazir at all because he is saying that he is a Nazir except for drinking wine. (3)
 
If someone takes Nezirus upon himself and he says that he did not know that a Nazir is forbidden to drink wine the Chachamim says that he is a Nazir and R. Shimon argues.
 
If someone takes Nezirus upon himself and he says that he though that the Chachamim would permit him to drink wine because he cannot live without it, according to the Chachamim he is not a Nazir and R. Shimon argues. (4)
 
The Chachamim hold that just as a person who takes upon himself one of the prohibitions of a Nazir is a complete Nazir, so too a Nazir who is released from one of the prohibitions is permitted in all of them. (5)
 
R. Asi holds that Nidrei Ziruzin, Onsim, Shogegim and Havai require a Heter from a Chacham, but Shmuel holds no Heter is required.
 
If someone says he will be a Nazir and he takes upon himself to shave another Nazir and his friend says "and He will shave another Nazir," if they are smart they will bring each other's Korbanos. (6)
 
If someone says he will be a Nazir and he takes upon himself to shave another Nazir and his friend says "and I", the friend is a Nazir but does not have to shave another Nazir. (7)

A BIT MORE

1. It is as if he said that the cup of wine shall be forbidden to him like a Korban. The reason he said that he will be a Nazir was only to stop them from pressuring him from drinking more wine and he never intended to be a Nazir.
 
2. Even though R. Shimon holds a person is only a Nazir if he takes upon himself all of the Isurim of a Nazir, however in this case he is taking upon himself all of the Isurim because when he said he is a Nazir he is taking upon himself a complete Nezirus and when he subsequently makes a condition that he will drink wine it is not a valid condition because it is a condition that contradicts the Torah.
 
3. Since he said that he is a Nazir except for drinking wine or being Metamei to Mesim he is not a Nazir according to R. Shimon since he did not accept upon himself all of the Isurim of a Nazir.
 
4. According to the first Lashon of the Gemara the Girsa should be that R. Shimon holds he is not a Nazir and the Chachamim argue.
 
5. R. Shimon holds that just as a person who takes upon himself one of the prohibitions of a Nazir is not a Nazir so to a person who is released from one of the prohibitions is not released from his Nezirus at all.
 
6. Each one is taking upon himself to be a Nazir and also to bring the Korbanos of another Nazir and therefore they may bring the Korbanos of each other.
 
7. The words 'and I' is going on that which his friend said that he will be a Nazir, not on what he said that he will shave another Nazir.

BRIEF INSIGHT

A CUP OF WINE
 
If a person is drunk and a cup of wine is poured for him and he says that he is a Nazir from it, he is not a Nazir. It is as if he said that the cup of wine shall be forbidden to him like a Korban. The Keren Orah says that although he is not a Nazir he is prohibited from drinking that cup of wine since he prohibited it like a Korban. Even though according to the Tana Kama of the previous Mishnah a person who says that he is a Nazir from figs is not prohibited from eating figs, that is because figs are not something that is prohibited to a Nazir, however a cup of wine is prohibited to a Nazir therefore when he says that he a Nazir from a cup of wine he is prohibited from drinking that cup of wine.

QUICK HALACHAH

NEDARIM THAT DO NOT REQUIRE HATARAS CHACHAM
 
Certain Nedarim do not require a Heter [from a Chacham]; Nidrei Ziruzim Nidrei Havai, Nidrei Shogegim, Nidrei Onsim, and someone who linked his Neder to something that did not come about. (Shulchan Aruch EH 232:1)

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