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NAZIR 9

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SUMMARY

If someone says that he is a Nazir from dried and pressed figs according to Beis Shamai he is a Nazir, but not according to Beis Hillel.
 
R. Yehudah says that according to Beis Shamai he is not a Nazir, but he is prohibited from eating dried and pressed figs like a Korban. (1)
 
R. Meir holds that a person does not make a Neder for naught. (2)
 
Beis Hillel holds that when someone says that he is a Nazir from dried and pressed figs it is a Neder and a retraction of the Neder. (3)
 
Beis Shamai holds that one may not be released from Hekdesh or from Nezirus.
 
Beis Hillel holds like R. Shimon that if a person says he is bringing a Minchah of barley, he is Patur because he did not make a Nedavah in the customary fashion. (4)
 
R. Nasan says that if someone says that he is a Nazir from dried and pressed figs it is both a Neder and a Nezirus according to Beis Shamai and according to Beis Hillel it is only a Neder. (5)
 
According to the Tana Kama, if someone says he will bring a Minchah of barley or of Kemach, he must bring a Minchah of wheat from Soles. (6)
 
If someone says he will bring a Minchah without oil and Levonah, or of a half of an Isaron, he must bring a Minchah with oil and Levonah and of a full Isaron.
 
Chilkiyah says that everyone agrees that if someone says that he will bring a Minchah from lentils that he is Patur from bringing a Minchah. (7)
 
R. Yochanan says that even if someone says that he will bring a Minchah from lentils he must bring a Minchah from wheat. (8)

A BIT MORE

1. It is as if he said that dried and pressed figs shall be forbidden to him like a Korban.
 
2. Therefore if somebody says Erech Kli Alay since he knows that the Parshah of Erchin does not apply to utensils he must mean that he wants to be Makdish the value of the utensil and he is obligated to give its value to Hekdesh.
 
3. Beis Hillel holds like R. Yosi that we take into account the end of a person's statement, therefore the retraction is taken into account and he is not a Nazir.
 
4. Therefore someone who says that he will be a Nazir from dried and pressed figs he is not prohibited from eating figs because he did not make a Neder in the customary fashion.
 
5. According to the second version of the Beraisa it is only a Neder according to Beis Shamai and it is neither a Neder nor a Nezirus according to Beis Hillel.
 
6. R. Shimon holds that he is Patur since he did not make the Nedavah in the customary fashion.
 
7. Lentils are never used for a Minchah and therefore a person would not make a mistake to think that he can bring a Minchas Nedavah from lentils.
 
8. R. Yochanan himself holds that he is Patur from bringing a Minchah and he only says that he is Chayav in accordance with the Sevara of Chizkiyah.

BRIEF INSIGHT

A DAVAR HA'NADUR
 
Beis Shamai holds that although a Chacham may release a person from a Neder he may not release a person from a Neder of Hekdesh. The reason a Chacham may not release a person from a Neder of Hekdesh is because Beis Shamai holds Hekesh b'Ta'us (by mistake) is a valid Hekdesh. A Chacham makes a Neder into a Neder Ta'us, but that does not work with Hekdesh since Hekesh b'Ta'us (by mistake) is a valid Hekdesh. (Tosfos)

QUICK HALACHAH

NAZIR OLAM
 
If someone says that he is a Nazir from dried or pressed figs or of something similar he is prohibited from eating [dried or pressed figs], but he is not a Nazir. (Rambam Hilchos Nezirus1:10)
 
This is not correct because the Stam Mishnah is not like R. Nasan who says that according to Beis Hillel it is a Neder, but not a Nezirus. (Ra'avad)

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