1)

A SAFEK NAZIR TAMEI (Yerushalmi Perek 8 Halachah 1 Daf 38b)

îúðé' ùðé ðæéøéï ùàîø ìäï àçã øàéúé àçã îëí ùðéèîà åàéðé éåãò àé æä îëí îáéàéï ÷øáï èåîàä å÷øáï èäøä

(a)

(Mishnah): If a man told two Nezirim 'I saw that one of you became Tamei, but I do not know which', they shave and bring (together) the Korbanos of a Tahor Nazir and a Tamei Nazir;

åàåîø àí àðé äåà äèîà ÷øáï èåîàä ùìé å÷øáï èäøä ùìê åàí àðé äåà äèäåø ÷øáï èäøä ùìé å÷øáï èåîàä ùìê

(b)

One of them says 'if I was Tamei, Korban Tum'ah is mine, and Korban Taharah is yours. If I was Tahor, Korban Taharah is mine, and Korban Tum'ah is yours.'

åñåôøéí ùìùéí éåí åîáéàéï ÷øáï èäøä åàåîø àí àðé äåà èîà ÷øáï èåîàä ùìé å÷øáï èäøä ùìê åæä ÷øáï èäøúé åàí àðé äåà äèäåø ÷øáï èäøä ùìé å÷øáï èåîàä ùìê åæä ÷øáï èäøúê

(c)

They count 30 [more] days [of Nezirus], and bring Korban Taharah. He says 'if I was Tamei, [last time] Korban Tum'ah was mine, and Korban Taharah was yours, and this (what we bring now) is my Korban Taharah. If I was Tahor, Korban Taharah was mine, and Korban Tum'ah was yours, and this is your Korban Taharah.'

îú àçã îäï àîø ø' éäåùò éá÷ù àçã îï äùå÷ åéãåø ëðâãå ðæéø

(d)

If one of them died, R. Yehoshua says, [Ploni, i.e. the other,] finds someone willing to vow corresponding to him;

åéàîø àí èîà äééúé äøé àúä ðæéø îéã åàí èäåø äééúé äøé àúä ðæéø ìàçø ùìùéí éåí

1.

Ploni says 'if I was Tamei, you are a Nazir starting now. If I was Tahor, you will be a Nazir after 30 days.'

åñåôøéí ùìùéí éåí åîáéàéï ÷øáï èåîàä å÷øáï èäøä åéàîø àí àðé äåà äèîà ÷øáï èåîàä ùìé å÷øáï èäøä ùìê åàí àðé äåà äèäåø ÷øáï èäøä ùìé å÷øáï èåîàä áñô÷

2.

They count 30 days [of Nezirus]. They bring (together) Korban Tum'ah and Korban Taharah. Ploni stipulates 'if I was Tamei, Korban Tum'ah is for me, and Korban Taharah is for you. If I was Tahor, Korban Taharah is for me, and Korban Tum'ah was Safek (brought due to the doubt).

åñåôøéí ùìùéí éåí åîáéàéï ÷øáï èäøä åàåîø àí àðé äåà èîà ÷øáï èåîàä ùìé å÷øáï èäøä ùìê åæä ÷øáï èäøúé åàí àðé äåà èäåø ÷øáï èäøä ùìé å÷øáï èåîàä áñô÷ åæä ÷øáï èäøúê

3.

They count another 30 days. They bring (together) Korban Taharah. Ploni stipulates - if I was Tamei, Korban Tum'ah was for me, Korban Taharah was for you, and this (what we bring now) is my Korban Taharah. If I was Tahor, Korban Taharah was mine, and Korban Tum'ah was Safek, and this is your Korban Taharah.'

àîø ìå áï æåîà îé ùåîò ìå ùéãåø ëðâãå

(e)

Objection (Ben Zoma): Who will consent to accept Nezirus corresponding to him [on such conditions. He must observe the Isurim for 60 days, but he is credited only with 30 days of Nezirus!]

àìà îáéà çèàú äòåó åòåìú áäîä åàåîø àí èîà äééúé äçèàú îçåáúé åäòåìä ðãáä åàí èäåø äééúé äòåìä îçåáúé åäçèàú áñô÷

1.

Rather, Ploni brings [after 30 days] Chatas ha'Of and Olas Beheimah. He says 'if I was Tamei, I fulfill my obligation with the Chatas, and the Olah is a Nedavah (voluntary Korban). If I was Tahor, I fulfill my obligation with the Olah, and the Chatas is Safek.'

åñåôø ùìùéí éåí åîáéà ÷øáï èäøä åàåîø àí èîà äééúé äòåìä øàùåðä ðãáä åæå çåáä åàí èäåø äééúé äòåìä øàùåðä çåáä åæå ðãáä åæä ùàø ÷øáðé

2.

He counts [another] 30 days and brings Korban Taharah, and says 'if I was Tamei, the first Olah was Nedavah, and this is my Chovah (obligation, i.e. Korban Taharah). If I was Tahor, the first Olah was Chovah; the current Olah is a Nedavah, and this is the rest of my Korban [Taharah].

à"ø éäåùò ðîöà æä îáéà ÷øáðåúéå çöééí

(f)

Objection (R. Yehoshua): [If he was Tahor,] he brings his Korban [Taharah] in halves (the Olah now, and the rest after 30 days)!

àáì äåãå çëîéí ìãáøé áï æåîà:

1.

However, Chachamim agreed to Ben Zoma.

âî' åìà ñåó ãáø ëùàîø ìäï àçã øàéúé àú àçã îëí ùðéèîà åàéðé éåãò àé æä îëí àìà àôéìå àîø ìäí øàéúé àçã îëí ùðæø åàéðé éåãò àé æä îëí ùðéäï ðåäâéï ðæéøåú òì ôéå

(g)

(Gemara): This is not only when he told them 'I saw that one of you became Tamei, but I do not know which.' Rather, it is even if he says 'I saw that one of you accepted Nezirus, but I do not know which.' They both observe Nezirus based on his mouth. (They bring one Korban Taharah, and stipulate that it is for the Nazir.)

áùàéðï îëçéùéï àåúå àáì àí îëçéùéï àåúå ìà áãà

(h)

Limitation: This is when they do not contradict him. If they contradict him, it is not so.

2)

WHEN IS ONE BELIEVED AGAINST WITNESSES? (Yerushalmi Perek 8 Halachah 1 Daf 38b)

äéå (ùðéäï îëçéùéï) [ö"ì ùðéäï îëçéùéï - ñôø ðéø] ééáà ëäãà

(a)

If there were two [who saw them] and [the possible Nezirim] contradict them, the law is like the following [Mishnah. We explained this like SEFER NIR];

òã àåîø ðéèîà åäåà àåîø ìà ðéèîàúé èäåø

1.

If one witness says '[Reuven] became Tamei', and he says 'I did not become Tamei', he is Tahor;

á' àåîøéï ðéèîàú åäåà àåîø ìà ðéèîàúé ùðéäï ðàîðéï îîðå ãáøé ø"î

2.

If two say 'you became Tamei', and he says 'I did not become Tamei', they are believed against him, R. Meir says so;

åçë"à äåà ðàîï ò"é òöîå

3.

Chachamim say, he is believed about himself.

øá éäåãä áùí øá [ãó ìè òîåã à] ëéðé îúðéúà øáé îàéø îèîà øáé éäåãä åçëîéí îèäøéí

(b)

(Rav Yehudah citing Rav): The Mishnah should say that R. Meir is Metamei, and R. Yehudah and Chachamim are Metaher.

àîø ø' éåçðï ëéðé îúðéúà ø"î îèîà åø' éäåãä îèäø

(c)

(R. Yochanan): The Mishnah should say that R. Meir is Metamei, and R. Yehudah is Metaher.

îéìéäåï ãøáðï îñééòéï ìø' éåçðï

(d)

The words of the following Rabanan support R. Yochanan;

ãà"ø âåøéåï áùí ø' éåñé áï çðéðä ìà à"ø éåãä àìà áèåîàä éùðä ùéëåì ìåîø ðèîàúé åèäøúé

1.

(R. Guryon citing R. Yosi ben Chaninah): R. Yehudah said (was Metaher) only for an old Tum'ah, for [he has a Migo.] He could say 'I was Tamei, and I became Tahor.' (They did not mention Chachamim, for they hold that only R. Yehudah was Metaher.)

(åúðé ëï) [ö"ì åîåãéï çëîéí ìø' éäåãä áçìáéï äåà - ÷øáï äòãä] äåà äãáø òì áéàú äî÷ãù [ö"ì àáì ìà áèåîàä - ÷øáï äòãä]

(e)

Support (Beraisa): And Chachamim agree with R. Yehudah about [one who contradicts witnesses who say that he is liable for] eating Chelev, and the same applies to Bi'as Mikdash, but not to Tum'ah.

åéåãåï ìéä áèåîàä

(f)

Question: [Chachamim] should agree [to R. Yehudah also] about Tum'ah!

îôðé èåîàú ðæéø (ùàéï) [ö"ì ùëï - ÷äéìú éò÷á] àåîø ìå àéëï äåà ÷øáðê ùäáàú

(g)

Answer: [They do not,] due to Tum'as Nazir. If [he will say 'I was Tamei, and I became Tahor'], one says [back] to him '[if so], where is the Korban [Tum'ah] that you brought?!'

1.

Note: Must one who brings Korban Tum'ah appoint witnesses who can testify that he brought it?! Perhaps they say that he became Tamei recently, so had he shaved Tiglachas Tum'ah, his hair would not be as long as it is now. Or, the Kohanim who served since then are sure that they did not offer Korban Tum'ah. Normally, one who has no reason to be mindful about something is prone to forget it (Bavli Shevu'os 41b). If Korban Tum'ah is very rare, or all Kohanim were nervous about eating it (see Bavli Nedarim 9b), this does not apply. (PF)

åéåãåï ìéä áúøåîä

(h)

Question: [Chachamim] should agree [to R. Yehudah also] about Terumah! (PNEI MOSHE - they say that he ate b'Shogeg, and he must return Chulin with an added Chomesh. He has a Migo; he could say that he ate b'Mezid. If we discuss another's Terumah, he says that he ate another's Chulin, and he will pay for it (PF). Alternatively, they say that he ate his own Terumah, e.g. what he inherited from his mother's father.)

òã ëàï ÷ùé øáé çðéðä ø' îðà ùîò ìï îï ãáúøä

(i)

Until here, R. Chaninah [asked when Chachamim agree with R. Yehudah, and] left this difficult. R. Mana learned from the Seifa [that in every case there is a Migo - SEFER NIR].

àîøå ìå àí éøöä ìåîø îæéã äééúé

1.

(Seifa): [Chachamim] said [to R. Meir, witnesses cannot obligate him a Korban if he denies it, for] he can say 'I was Mezid' (so I am exempt from a Korban)!

áùôçä çøåôä îä àéú ìê ùåââ çééá îæéã çééá

(j)

Question: Regarding [Bi'as] Shifchah, what [Migo] do you have? If he was Shogeg, he is Chayav [Asham]. If he was Mezid, he is Chayav [Asham]!

ùéëåì ìåîø ìå äéòøúé àáì ìà âîøúé

(k)

Answer #1: He can say 'I did Ha'ara'ah (the first stage of Bi'ah), but I did not finish [the Bi'ah.' One is liable for her only for a full Bi'ah. Surely the witnesses merely saw them behave like people having Bi'ah, but did not see how far the Ever entered!]

[ãó ìè òîåã á] ëéé ãàîø øùá"ì ðàðñúé îôðé ëùôéí ùòùú ìé

(l)

Answer #2: He can say 'I was forced [to have Bi'ah with her] through witchcraft that she did to me.' (OHR SOMAYACH, Hilchos Ishus 24:19 - surely if one was warned not to do an Aveirah, and he transgressed, he is not believed afterwards to say that he was forced through witchcraft.)

áðæéøåú îä àéú ìê ùåââ çééá îæéã çééá àðåñ çééá

(m)

Question: Regarding Nezirus, what [Migo] do you have? If he was Shogeg, he is Chayav [Korban Tum'ah]. If he was Mezid, he is Chayav. If he was Ones, he is Chayav!

[áîãáø å è] áôúò ìøáåú äùåââ áôúàåí ìøáåú äîæéã [ö"ì åäàåðñ - ÷øáï äòãä]

1.

"B'Fesa" includes Shogeg. "Pis'om" includes Mezid and Ones.

úðàé äéä áìáé ìëùàèîà úéô÷ò ðæéøåúé îîðé úçåì òìé ðæéøåú àçøú î"î ìà ðúçééá áðæéøåú òã òëùéå

(n)

Answer: [He can say, when I accepted Nezirus,] there was a Tenai (stipulation) in my heart, that when I will become Tamei, Nezirus will be uprooted from me. [Even if he intended] 'and a new Nezirus will take effect on me', in any case he was not obligated in Nezirus until now (PNEI MOSHE).

(úðéé äéä áìáé ìëùàèîà úô÷ò ðæéøåúé îîðé úçåì òìé ðæéøåú àçøú - ÷øáï äòãä îåç÷å) áùáåòåú îä àéú ìê ùåââ çééá îæéã çééá

(o)

Question: Regarding Shevu'os, what [Migo] do you have? If he was Shogeg, he is Chayav [Korban Tum'ah]. If he was Mezid, he is Chayav!

úðéé (áãáøéí) [ö"ì áðãøéí - ôðé îùä] àéï úðéé áùáåòåú

1.

[You cannot say that he had a Tenai, for] there is a Tenai in Nedarim, but there is no Tenai in Shevu'os! (SHIREI KORBAN questions this, for also Shevu'os require that his mouth and heart are united.)

åàúéà ëéé ãîø øáé áà øá éäåãä áùåââ á÷øáðä åáîæéã á÷øáðä àáì àí àîø ñáåø äééúé ùàéï æå ùáåòä ôèåø

(p)

Answer: It is like R. Ba said in the name of Rav Yehudah - whether he was Shogeg about (he did not know that a false oath obligates) the Korban or Mezid about the Korban (he is liable), but if he said 'I thought that this is not a Shevu'ah', he is exempt.

äà ëì àéìéï îéìééà ìà îöé úðééä åëà îöé úðééä

1.

All other matters, a Tenai does not help, but here, he can stipulate (he says, 'on condition that this is not a Shevu'ah' - SHIREI KORBAN).

(îä ãøáé) [ö"ì øáé - ëï ðøàä ò"ô øéãá"æ] éåñé àîø ôìåðé àëì çìá åäúøéúé áå àéðå ìå÷ä àîø ìå àçã çìá äåà åäúøå áå ùðéí ìå÷ä

(q)

(R. Yosi): [If a witness says] 'Ploni ate Chelev, and I warned him', he is not lashed. If one person told him 'this is Chelev', and two witnesses warned him, he is lashed;

åòé÷ø òãåúå ìà áòã àçã äåà

1.

Is the primary testimony not through one witness (to establish the Isur)?

(îîä ãøáé) [ðøàä ùö"ì øáé - ò"ô øéãá"æ] éåãä àîø ôìåðé ðæéø åðéèîà äúøéúé áå àéðå ìå÷ä

(r)

(R. Yehudah): [If a witness says] 'Ploni the Nazir became Tamei, and I warned him', he is not lashed;

àîø ìå àçã ðæéø [ö"ì àúä, ëáñåèä å:á - ÷øáï äòãä] åäéä ðåäâ áðæéøåú òì ôéå åùúä ééï åðéèîà ìîúéí åäúøå áå ùðéí ìå÷ä òé÷ø òãåúå ìà áòã àçã äåà

1.

If one person told him 'you are a Nazir', and he conducted Nezirus based on his words, if he drank wine or became Tamei Mes, and two witnesses warned him, he is lashed. Is the primary testimony not through one witness?

(îîä ãø') [ðøàä ùö"ì øáé - ò"ô øéãá"æ] îðà àîø ôìåðé ëäðú åæéðú åáà òìéä áòìä ëäï åäúøéúé áå àéðå ìå÷ä

(s)

(R. Mana): [If a witness says] Plonis is a Kohenes, and she was Mezanah, and her husband, a Kohen, had Bi'ah with her, and I warned him, he is not lashed [for Zonah];

ðñúøä áôðé ùðéí àîø àçã îäí àðé øàéúéä ùðéèîàú åáà òìéä áòìä åäúøå áå ùðéí ìå÷ä åòé÷ø òãåúå ìà áòã àçã

1.

If she was secluded in front of two, and one says 'I saw that she was defiled', and her husband (a Kohen) had Bi'ah with her, if two warned him, he is lashed. Is the primary testimony not through one witness? (SEFER NIR, Sotah 6:2 - he establishes it to discuss a Kohen, so he is lashed even according to R. Yosi ben Kiper, who says that there is no Lav for a Sotah.)

åîáéàéï ÷øáï èåîàä å÷øáï èäøä

(t)

(Mishnah): They bring (together) Korban Tum'ah and Korban Taharah.

äãà áòåîã áñåó ùìùéí àáì áòåîã áúåê ùìùéí îîúéðéï ìå òã ùìùéí

(u)

Limitation: This is when [both] are at the end of the 30 [days], but if [one] is during the 30, [the other] waits for him until 30 (perhaps he is Tahor, and he cannot bring Korban Taharah before 30).

áùäéä æä ðæéø ùìùéí åæä ðæéø ùìùéí àáì àí äéä æä ðæéø ùìùéí åæä ðæéø îàä îîúéðéï ìå òã îàä

(v)

Limitation: This is when this one was a Nazir for 30, and this one was a Nazir for 30, but if this one was a Nazir for 30, and this one was a Nazir for 100, he waits for him until 100.