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NAZIR 12

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SUMMARY

If someone instructs a Shali'ach to be Mekadesh a Stam woman to him and the Shali'ach dies he is forbidden to all of the women in the world. (1)
 
If a person separates a Kan Stumah (two birds for his Korbanos without specifying which one is the Chatas) and one of them flew away he should separate a second bird to match with the first. (2)
 
If someone instructs a Shali'ach to be Mekadesh a Stam woman for him and the Shali'ach dies, he may marry a woman who had no unmarried relatives at the time that he appointed the Shali'ach. (3)
 
If she had no unmarried relatives at the time that he appointed the Shali'ach even if one of her relatives was subsequently divorced she is permitted to him. (4)
 
If someone says he will be a Nazir and he takes upon himself to shave another Nazir and his friend says "and I, and He will shave another Nazir," if they are smart they will bring each other's Korbanos.
 
R. Yoshiyah says that a husband may not appoint a Shali'ach to annul the Nedarim of his wife, but R. Yonasan argues.
 
If a husband says that all of the Nedarim that his wife makes before he returns from his trip shall be affirmed it is not valid.
 
If a husband says that all of the Nedarim that his wife makes before he returns from his trip shall be annulled, it is valid according to R. Eliezer, but the Chachamim argue.
 
R. Meir says that if someone says Harei Alai l'Gale'ach Chatzi Nazir he must bring all of the Korbanos of a Nazir. (5)
 
The Chachamim hold that he only has to bring half of the Korbanos of a Nazir.
 
If someone says Chatzi Korbanos Nazir Alai he only has to bring half of the Korbanos of a Nazir.
 
If someone says Chatzi Nazir Alai he must bring all of the Korbanos of a Nazir.
 
If someone says he will be a Nazir when a son is born to him, if a son is born he is a Nazir, but not if a daughter or androgynous is born. (6)

A BIT MORE

1. Since there is a Chazakah that a Shali'ach carries out his Shelichus and he did not specify which woman he wanted him to be Mekadesh, every woman is a Safek that maybe she is a relative of the woman that the Shali'ach was Mekadesh and she is forbidden to him.
 
2. If he specified which one is the Chatas and which one is the Olah, and one of them flew away and he does not know if the one that flew away is the Chatas or the Olah he must separate two new birds.
 
3. Since she had no unmarried relatives at that time she cannot be related to the woman that the Shali'ach was Mekadesh.
 
4. Since her relatives were married at the time that he appointed the Shali'ach the Shali'ach did not have the authority to be Mekadesh her.
 
5. R. Meir holds that we follow the first Lashon and when he says Harei Alai he is taking upon himself to bring all of the Korbanos of a Nazir and when he says Chatzi Nazir it is a retraction and he does not have the right to retract.
 
6. If he says that he will be a Nazir when a child is born even if a daughter, Tumtum or androgynous is born he is a Nazir.

BRIEF INSIGHT

APPOINTING A SHALI'ACH
 
A person cannot appoint a Shali'ach for something that he himself cannot do right now. Tosfos asks why can a woman ask her friend to take her flour and knead it into dough and separate Chalah for her, if she herself cannot separate Chalah until the flour is kneaded into dough. Tosfos answers that she can separate Chalah right now by taking an already kneaded dough and saying that the kneaded dough shall be Chalah for the flour and it shall go into effect as soon as the flour is kneaded into dough.

QUICK HALACHAH

CHAZAKAH OF A SHALI'ACH
 
If someone instructs a Shali'ach to be Mekadesh a woman for him and the Shali'ach dies, and we do not know if the Shali'ach was Mekadesh a woman or not, it is a Chazakah that he was Mekadesh [a woman] because the Chazakah dictates that a Shali'ach carries out his Shelichus. Since we don't know who he was Mekadesh, he is forbidden to every woman who has relatives that would be an Ervah to him. (Shulchan Aruch EH 35:11)
 
Even though it is not a complete Chazakah that the Shali'ach was Mekadesh a woman because it is not in his hands as maybe the woman did not want to be married to him, however l'Chumra it is regarded as a Chazakah. (Chelkas Mechokek)

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