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NAZIR 13

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SUMMARY

If someone says he will be a Nazir when a child is born to him, if his wife miscarries he is not a Nazir according to R. Yehudah. (1)
 
R. Shimon holds that he is a Nazir mi'Safek and he should take upon himself a conditional Nezirus Nedavah. (2)
 
If his wife gives birth again he is a Nazir according to R. Yehudah.
 
R. Shimon holds that he should say if the first child was a Bar Kayamah I would have been a Nazir Chovah and now He shall be a Nazir Nedavah. (3)
 
If someone says he will be a Nazir when a child is born to him, if his wife miscarries and he separates a Korban and she subsequently gives birth to a twin who is a Ben Kayamah it is a Safek whether the Korban has Kedushah according to R. Yehudah. (4)
 
If someone says he will be a Nazir when a child is born to him and another person says v'Alai or v'Ani it is a Safek whether his intention is that he will be a Nazir when he has a child or when the first person has a child.
 
If someone says he will be a Nazir when a child is born to Ploni and another person says v'Ani it is a Safek whether his intention is that he will be a Nazir when he has a child, or when Ploni has a child.
 
If someone says he will be a Nazir and a Nazir when a child is born to him if he starts counting his own Nezirus and subsequently a child is born he shall complete his Nezirus first.
 
If someone says "He will when a child is born and He will be a Nazir," if he starts counting his own Nezirus and subsequently a child is born he shall start counting the Nezirus of his son and then complete his own Nezirus.
 
If someone says he will be a Nazir after 20 days and a Nazir from now for 100 days, it is a Safek whether he should start counting the 100 days right now.

A BIT MORE

1. R. Yehudah holds Safek Nezirus Lehakel and therefore since it is a Safek whether the child is a Nefel and he is not a Nazir or if the child is a Bar Kayamah and he is a Nazir, he is not a Nazir and instead he will be a Nazir when a second child is born.
 
2. He should say if the child was a Bar Kayamah he is a Nazir Chovah (obligatory) and if the child is a Nefel he shall be a Nazir Nedavah.
 
3. "And if the first child was a Nefel I was a Nazir Nedavah and now I am a Nazir Chovah."
 
4. Although R. Yehudah holds Safek Nezirus Lehakel and the first child is a Safek if it was a Ben Kayamah. However, since the second twin was a Ben Kayamah it is likely that the first twin was also a Ben Kayamah and therefore maybe even according to R. Yehudah the Korban that was separated for the first twin has Kedushah and it is Asur in Gizah and Avodah.

BRIEF INSIGHT

SAFEK NEFEL
 
If someone says "He will be a Nazir when a child is born" if his wife miscarries and he separates a Korban and she subsequently gives birth to a twin who is a Ben Kayamah it is a Safek whether the Korban has Kedushah according to R. Yehudah. The Shulchan Aruch says that if one twin dies within thirty days and the second twin survives until after thirty days according to some opinions the Dinei Avelus do not apply for the twin that died. The Gra says that this Din is based on the Safek of our Gemara whether the fact that the second twin dies is proof that the first twin is a Ben Kayamah. Since it is a Safek to our Gemara whether the first twin is regarded as a Ben Kayamah and Safek Avelus Lehakel the Dinei Avelus do not apply for the twin that died. (Netziv)

QUICK HALACHAH

NEZIRUS FOR A CHILD
 
If someone says "He will be a Nazir when a son is born to me," if a son is born he is a Nazir but if a daughter, Tumtum or androgynous is born he is not a Nazir. If he says "He will be a Nazir when a child is born to me" even if a daughter, Tumtum or androgynous is born he is a Nazir. If his wife miscarried he is not a Nazir. If she becomes pregnant again and gives birth he is a Nazir. (Rambam Hilchos Nezirus 1:17)

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