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1. There is an argument whether a person can knowingly make a mistake in Ma'aser Behemah, resulting in an animal becoming Ma'aser.
2. The Mishnah discusses the case of a person who vowed to become a Nazir, but then realized that the animal he intended to offer as a Korban had been stolen.
3. This law (#2) was the basis of a mistake made by Nachum ha'Madi.
4. There is a general argument whether unexpected new conditions that develop after a vow is taken are sufficient cause to nullify a vow.
5. However, a Chacham can nullify a vow based on a common scenario that theoretically could have developed regarding new conditions.


1. The Mishnah teaches that a person who mistakenly counts the ninth animal (that passes by him during his count to dedicate the tenth animal as Ma'aser Behemah) as the tenth animal has made the tenth animal holy as well. In the Gemara, there is an argument whether this is only when a person mistakenly counts the tenth as the ninth, or even if he knowingly counts it as the ninth (i.e. he wants to dedicate more animals as Ma'aser Behemah).
2. The Mishnah explains that if his vow was made before the animal was stolen, he is a Nazir. However, if he made his vow only because he thought he had this animal in his possession, but it had been stolen before he made the vow, he is not a Nazir.
3. When Nezirim came to Yerushalayim after the destruction of the second Beis ha'Mikdash and proclaimed that they had made vows of Nezirus, Nachum ha'Madi said that they were not valid vows, as the Beis ha'Mikdash had been destroyed (and they would not have made the vow had they known). However, the Chachamim said that if they made their vow before the actual destruction, they are Nezirim.
4. Rebbi Eliezer: They are sufficient cause to nullify the vow (and he therefore rules like Nachum ha'Madi). Chachamim: They are not sufficient cause to nullify the vow.
5. For example, even though one cannot permit a vow by saying that had he known the Beis ha'Mikdash would be destroyed he would not have made the vow, he can permit it by saying that if a person would have come to him and said that the Beis ha'Mikdash was destroyed, and he would have been unsure whether or not this was true, he would have not have made the vow.


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