1)

A NAZIR DURING SAFEK NEZIRUS (Yerushalmi Perek 8 Halachah 1 Daf 39b)

ø' éò÷á ãøåîéà áòà ÷åîé ø' éåñé ðéèîà áàåúï äéîéí îä äï

(a)

Question (R. Yakov of the south, to R. Yosi): If [one of them] became Tamei during those days (when they wait for one of them to complete 100 days), what is the law? (If the 30 day Nazir became Tamei, there is no Korban Tum'ah, for he is past Melos. Therefore, they cannot bring Korban Tum'ah and stipulate - OHR SOMAYACH Hilchos Nezirus 6:5.)

àîø ìå ëîé ùçáéøå îá÷ù ìå îàçã [ãó î òîåã à] îï äùå÷

(b)

Answer (R. Yosi): It is like [when one of them died, and] his colleague seeks from the market (a stranger to accept Nezirus on Tenai);

ùúä ééï áúåê ùìùéí éåí äøàùåðéí (àéðå - ÷øáï äòãä îåç÷å) ìå÷ä áúåê ùìùéí éåí äàçøåðéí [ö"ì àéðå - ÷øáï äòãä] ìå÷ä

1.

If [the Nazir] drank wine during the first 30 days, he is lashed (for he is a Vadai Nazir); during the latter 30 days (after they brought Korban Tum'ah and Korban Taharah), he is not lashed (perhaps he was not Tamei, so he finished his Nezirus).

äáà îï äùå÷ àéðå ìå÷ä ìà òì (äùðééí) [ö"ì äøàùåðéí] åìà òì äàçøåðéí

2.

The [stranger] from the market is not lashed, not for the first [30 days] and not for the latter (since it is a Safek during which of them he is a Nazir).

òã ëãåï áùäúøå áå òì æä áôðé òöîå åòì æä áôðé òöîå äúøå áå òì ùðéäï ëàçã ôìåâúà ãø' éåçðï åøùá"ì

3.

Limitation: This is if they warned him for this (drinking during the first 30) by itself and for this (drinking during the last 30) by itself. If they warned him for both of them at once [and he drank in both times], R. Yochanan and Reish Lakish argued about this;

ãàéúôìâåï áùðé éîéí èåáéí ùì âìéåú ø' éåçðï àîø î÷áìéï äúøééä òì ñô÷ øùá"ì àîø àéï î÷áìéï äúøééä òì ñô÷

i.

They argued about the two days of Yom Tov of Chutz la'Aretz. R. Yochanan said, one receives warning [for both of them at once] based on Safek. Reish Lakish said, one does not receive warning based on Safek.

ðæøúé åàéðé éåãò îä ðæøúé àí ìòëùéå àí ìàçø æîï (àîø ìå æå ìòëùéå åæå) [ö"ì àåîøéí ìå àéæå ìòëùéå åàåæå - ñôø ðéø] ìàçø æîï

(c)

If one said I accepted Nezirus, but I do not know [when] I accepted, whether from now or later', we say to him - what is 'now', and what is 'afterwards'? (You must observe Nezirus from the first days until the end of the latter days. We explained this like SEFER NIR.)

ùúä ééï áúåê ùìùéí éîéí äøàùåðéí (ìå÷ä áúåê ùìùéí äàçøåðéí àéðå) [ö"ì àéðå ìå÷ä áúåê ùìùéí äàçøåðéí - ÷øáï äòãä] ìå÷ä

1.

If he drank wine during the first 30 days, he is not lashed. During the latter 30 days, he is lashed.

åçù ìåîø ùîà äøàùåðéí áúåê ðæéøåúå åäàçøåðéí ìàçø ðæéøåúå

(d)

Question: You should be concerned to say that the first days were amidst his Nezirus, and the latter days were after his Nezirus!

ëì éîé ðæøå ìòùåú éîéí ùìàçø îìàú ëáúåê îìàú ìééï ìèåîàä åìúâìçú

(e)

Answer: "Kol Yemei Nizro" makes days after Melos [before bringing Korbanos] like within Melos regarding wine and shaving.

åéáéà ÷øáðåúéå çöééí

(f)

Question: (R. Yehoshua objected, if he was Tahor, he brings his Korbanos in halves.) Let him bring his Korbanos in halves!

ùìà úðòåì úùåáä îáéú äååòã

(g)

Answer: [He knew that there is no problem if he brings his Korbanos in halves. He said so] lest [Talmidim] refrain from answering in the Beis Midrash. (Now, they will say that if R. Yehoshua could give such an answer, we need not refrain lest our answer is not good!)