Nazir Chart #7

Chart for Nazir Daf 4b

WHAT ARE THE SOURCES FOR THE PRINCIPLES OF "HETER MITZTAREF L'ISUR" AND "TA'AM K'IKAR?"

(A)
TA'AM K'IKAR
(B)
HETER MITZTAREF L'ISUR
1 REBBI AKIVA ALL: Gi'ulei Akum (1) KODSHIM: "Yikdash"
NAZIR: "Mishras" (2) (3)
2 RABANAN KODSHIM: "Yikdash" (4)
CHULIN: "Mishras" (5)
OTHERS: Meh Matzinu
(KODSHIM: "Yikdash" (6) )

Chart for Nazir Daf 4b

THE "CHUMROS" UNIQUE TO EACH ISUR OF NAZIR

THE ISUR THE CHUMRA
1 BECOMING TAMEI TO A MES -He is Soser ha'Kol
-He must bring a Korban
2 SHAVING -The Isur also apples to the person
who shaves the Nazir (7)
-He is Soser 30 days (8)
3 DRINKING WINE -It is not "Hutar mi'Kelalo" (9)
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FOOTNOTES:

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(1) Rebbi Akiva learns from Gi'ulei Akum that "Ta'am k'Ikar" applies to all Isurim. He holds that the Halachah of Gi'ulei Akum is not a "Chidush" since the verse is referring to pots that are "Bas Yomo," which are not "Nosen Ta'am li'Fgam."

(2) Rebbi Akiva does not learn from Mishras that the principle of "Heter Mitztaref l'Isur" applies to all other Isurim, because he holds that Nazir is not a Chidush and therefore it was not necessary to write the principle of "Heter Mitztaref l'Isur" in the Parshah of Kodshim (since it could have been learned from the laws of Nazir). Since the Torah does write it in the Parshah of Kodshim, we have "Shnei Kesuvin ha'Ba'im k'Echad" teaching Heter Mitztaref l'Isur, and we cannot apply it to any Isurim other than those for which the Torah teaches explicitly that it applies.

(3) Rebbi Elazar holds that "Heter Mitztaref l'Isur" applies even to the Isurim of Haktaras Se'or, and Achilas Chametz and Se'or on Pesach. He learns this from the word "Kol" written in the Torah regarding these Isurim. Nevertheless, he does not learn that this Halachah applies to all other Isurim as well (because they are "Shnei Kesuvin ha'Ba'im k'Echad," as in footnote #2).

(4) The text printed in the Vilna Shas (37b) incorporates two incompatible Girsa'os. The Gemara seems to say that the Rabanan learn from "Yikdash" both Heter Mitztaref l'Isur and Ta'am k'Ikar. Obviously, though, if "Yikdash" teaches one of those two Halachos, it cannot teach the other as well. The ROSH, though, clarifies for us that only one of these two Girsa'os are correct; either we should be Gores the first half of the Gemara (from "v'Rabanan, Tzerichi" until "v'Rabanan Amrei Lach"), and the Rabanan learn from Yikdash Ta'am k'Ikar, or we should be Gores the second half of the Gemara (from "v'Rabanan Amrei Lach" until ""Amar Lei Rab Ashi"). The ROSH himself, as well as TOSFOS (Pesachim 45a, DH v'Rabanan; Chulin 99a, DH Gali) are Gores the first Girsa, that the Rabanan learn from Yikdash the Halachah of "Ta'am k'Ikar" by Kodshim. They point out that this is also the approach of the Gemara in Chulin 99a. (The Gemara in Pesachim 45a, however, preserves the second Girsa, according to which the Rabanan learn from "Yikdash" that Heter Mitztaref l'Isur by Kodshim.)

(5) The Rabanan (according to our Girsa; see previous footnote) hold that we learn "Ta'am k'Ikar" from Nazir to all other Isurim. They hold that the verse of Nazir and the verse of Kodshim are not considered "Shnei Kesuvin ha'Ba'im k'Echad," even though both teach "Ta'am k'Ikar," since it was necessary for the Torah to teach "Ta'am k'Ikar" with a separate verse, aside from the verse of Nazir. We would not have been able to learn Ta'am k'Ikar from Nazir alone since Nazir is a "Chidush." Hence, we learn "Ta'am k'Ikar" to all other Isurim (aside from Nazir and Kodshim) through a Mah Matzinu.

(6) This is true according to the Girsa of the Gemara in Pesachim 45a, but not according to the Girsa of Tosfos in our Gemara; see footnote #4. According to this Girsa, the Rabanan do not learn from here that Heter Mitztaref l'Isur by all other Isurim, because of the rule that "[the laws of] Chulin cannot be learned from [the laws of] Kodshim." (Rebbi Akiva, too, agrees that we cannot learn "Heter Mitztaref l'Isur" from Chatas for this reason. Nevertheless, he learns from a separate verse that it applies to Nazir.) According to this Girsa, learn Ta'am k'Ikar from Nazir to all other Isurim. They do not consider Nazir to be a Chidush.

(7) This is derived from the verse that says, "Lo Ya'avor" (Bamidbar 6:5), which can be read, "Lo Ya'avir." No such Limud exists for the Isurim of Tum'ah and wine (see Insights).

(8) That is, the Nazir must wait an extra 30 days in order to re-grow the "hair of a Nazir" and be fit for Tiglachas at the end of his Nezirus.

(9) That is, drinking wine is prohibited to a Nazir even when drinking the wine is a Mitzvah (such as when he made a Shevu'ah to drink wine). In contrast, the Isur of becoming Tamei to a Mes is "Hutar mi'Kelalo," in the case of a Mes Mitzvah. Similarly, the Isur of shaving is "Hutar mi'Kelalo," in the case of a Metzora who has a Mitzvah to shave.

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