NEDARIM 4 (10 Sivan) - Today's study material has been dedicated by Mrs. Rita Grunberger of Queens, N.Y., in loving memory of her husband, Reb Yitzchok Yakov (Irving) ben Eliyahu Grunberger. Irving Grunberger helped many people quietly in an unassuming manner and is dearly missed by all who knew him. His Yahrzeit is 10 Sivan.
12TH CYCLE DEDICATION
NEDARIM 2-5 - Two weeks of study material have been dedicated by Mrs. Estanne Abraham Fawer to honor the eighth Yahrzeit of her father, Rav Mordechai ben Eliezer Zvi (Rabbi Morton Weiner) Z'L, who passed away on 18 Teves 5760. May the merit of supporting and advancing Dafyomi study -- which was so important to him -- during the weeks of his Yahrzeit serve as an Iluy for his Neshamah.

4b----------------------------------------4b

1)

IS A NAZIR A SINNER? [Nazir: Chotei]

(a)

Gemara

1.

A Chatas brought for eating Chelev comes for Kaparah. Chatas Nazir is not for a sin!

2.

10a (Abaye): Shimon ha'Tzadik, R. Shimon and R. Elazar Hakapar b'Ribi are a Shitah; all hold that a Nazir is a sinner. (Shimon ha'Tzadik considered only one Nazir to be a proper Nazir la'Shem. R. Shimon says that Chasidim Rishonim would not become Nezirim, for they did not want to be 'Chotei'. The following teaches about R. Elazar Hakapar.)

3.

(Beraisa - R. Elazar Hakapar): "Me'Asher Chota Al ha'Nefesh" - he sinned against his own soul, by denying himself wine.

4.

Question: "Me'Asher Chota Al ha'Nefesh" is written regarding a Nazir Tamei! (His sin was becoming Tamei!)

5.

Answer: (It applies to all Nezirim). It was written regarding a Nazir Tamei because he sinned twice (denying himself wine, and becoming Tamei. Alternatively, he must begin Nezirus anew and pain himself again.)

6.

Question: The verse discusses a Tamei Nazir, but we say that R. Elazar calls even a Tahor Nazir a sinner!

7.

Answer: Indeed, also a Tahor Nazir sins. The verse was written regarding a Tamei Nazir, since he (repeats Nezirus and) sins twice.

8.

Nazir 2b (Mishnah): If one said 'I will be beautiful', he is a Nazir.

9.

Question: Nezirus is a sin. It cannot be called beautiful!

10.

Answer: It is called beautiful. Even R. Elazar Hakapar, who says that Nazir is a sinner, says so only regarding a Tamei Nazir;

i.

"The first days will fall" - since he must start counting Nezirus from scratch, he may come to transgress.

ii.

R. Elazar does not call a Tahor Nazir a sinner.

11.

Nazir 19a (Beraisa): If a woman accepted Nezirus and became Teme'ah and her husband annulled her Nezirus, she brings Chatas ha'Of but not Olas ha'Of.

12.

Question: If the Tana holds that a husband's Hafarah uproots the vow retroactively, even Chatas ha'Of should not be needed. If it uproots the vow from Hafarah and onwards, she should also need to bring Olas ha'Of!

13.

Answer: He holds that it uproots the vow retroactively. She brings Chatas ha'Of because he holds like R. Elazar Hakapar, that a Nazir sins.

14.

Ta'anis 11a (R. Elazar (the Amora)): A Nazir is called Kodesh for paining himself only from one thing - "Kadosh Yihyeh Gadel Pera Se'ar Rosho". All the more so, one who fasts and pains himself from everything is called Kadosh!

15.

(Shmuel): One who fasts is called a sinner.

16.

Shmuel holds like R. Elazar Hakapar. "Kadosh" refers to Gadel Pera (his hair), not to the Nazir. R. Elazar holds that "Chota Al ha'Nefesh" refers to becoming Tamei from the Mes.

17.

Bava Kama 91a (Mishnah - R. Akiva): One may not injure himself.

18.

Contradiction (Beraisa): An oath to harm oneself takes effect.

19.

Answer: Tana'im argue about this. R. Elazar Hakapar forbids damaging oneself.

20.

Sotah 15a (Beraisa - R. Shimon): Really, a Chatas for eating Chelev (or any other Kares) should require Nesachim, lest a sinner save money. The Torah said that it does not, in order that his offering will not be beautiful.

21.

Question: If so, a Chatas Nazir should require Nesachim. It is not for sin!

22.

Answer: R. Shimon holds like R. Eliezer ha'Kapar.

23.

Kerisus 26a (Mishnah): Yom Kipur atones whether or not the sin is known, for an Aseh or Lav...

24.

Question: A doubtfully Tamei Nazir should be exempt after Yom Kipur!

25.

Answer (R. Oshaya): Yom Kipur atones "l'Chol Chatosam," not for Tum'ah.

26.

R. Eliezer ben Hakapar must explain that Korbanos Nazir Tamei are to enable him to begin Nezirus Taharah, not for Kaparah.

(b)

Rishonim

1.

Rambam (Hilchos De'os 3:1): Since Ta'avah is so bad, one might think that he should go to the other extreme and not eat meat and wine, get married, have a nice house and clothing... One who does so is called a sinner. A Nazir who denies himself wine needs atonement.

2.

Question: Abaye said that those who hold that a Nazir sins are a Shitah. The Halachah never follows a Shitah!

3.

Answer #1 (Teshuvas Rashba 1:431): This and all other rules have exceptions. Here we do not follow the rule because Shmuel explicitly ruled against it. Also, when it says 'all said one matter', the Halachah does not follow any of them. When it says 'all hold that...', the Halachah can follow some of them, e.g. those who say that Sukah requires Diras Keva.

4.

Answer #2 (Lechem Mishneh): We follow a Shitah if the Gemara clearly rules like it. The Rambam explains that Reish Lakish (who says that one should not fast) holds like Shmuel, so surely the Halachah follows them.

5.

Answer #3 (Pri Chodosh, brought in Likutim in Frankel Rambam): R. Akiva holds like R. Elazar Hakapar (Bava Kama 90b), and no one argues with him.

6.

Shitah Mekubetzes (Nedarim 4b DH Chatas): The Gemara says that Chatas Nazir is not for a sin because R. Elazar Hakapar is a lone opinion.

7.

Rashi (Kerisus 26a DH Lav): (R. Elazar Hakapar holds that) the disgrace of growing his hair long atones for him.

8.

R. Gershom (DH Lo Nazir): The disgrace of shaving his hair atones for him.

9.

Question: In Nedarim 10a, Nazir 19a and Sotah 15a, R. Elazar Hakapar calls even a Nazir Tahor a sinner. In Nazir 3a, Shmuel says that R. Elazar Hakapar says so only about a Tamei Nazir!

10.

Answer #1 (Tosfos Sotah 15a DH Savar): The other Gemaros compare one who fasts to a Tahor Nazir. Shmuel compares one who fasts to a Tamei Nazir, because he is in pain and regrets his acceptance.

11.

Answer #2 (Tosfos Bava Kama 91b DH Ela she'Tzi'er and Ta'anis 11a DH Omar): A Nazir sins, but the Nezirus is a greater Mitzvah. The same applies to fasting. One fasts on Shabbos to annul a harsh decree seen in a dream, but he must fast again during the week to atone for fasting on Shabbos.

i.

Rashash (on Tosfos Nazir 2b DH v'Amai): Tosfos says that a Nazir Tamei is called a sinner because he regrets his Nezirus. I.e. it is as if he was not a Nazir; he pained himself without any Mitzvah. However, the Gemara says that he sins because he must abstain longer and he is prone to transgress.

12.

Rebuttal and Answer #3 (Gvuras Ari Ta'anis 11a DH Omar and DH Ela): If the reward outweighs the punishment, it is totally permitted. An Aseh overrides a Lav because an Aseh is stronger, even if he was not obligated to do the Aseh. The Mitzvah of Techeiles overrides the Lav of Sha'atnez if one chooses to wear a linen garment. A standard Nazir Tahor sins, but R. Elazar admits that sometimes it is not a sin. R. Shimon holds like R. Elazar, yet he expounds "la'Shem" to discuss Nezirus to combat one's Yetzer ha'Ra. This is purely a Mitzvah.

i.

Toras Chaim (Bava Kama 91 DH Ela): A fast or Nezirus is a Mitzvah because it weakens the body and inhibits sin. It also is a sin regarding the Neshamah, for it hampers its ability to engage in Torah and Mitzvos.

13.

Answer #4 (Lechem Mishneh): The Rambam explains that mid'Oraisa the verse applies only to a Tamei Nazir. The Gemara says that it applies even to a Tahor Nazir. This is an Asmachta. It applies to a Tahor Nazir only mid'Rabanan. If one said 'I will be beautiful' he is a Nazir, for mid'Oraisa it is permitted. The Isurim to fast or harm oneself, which are learned from a Nazir Tahor, are mid'Rabanan.

14.

Answer #5 (Merumei Sadeh Sotah 15a on Tosfos DH Savar): The purpose of Nezirus is to attain Ru'ach ha'Kodesh and a high level. A Nazir is called Kodesh. It says (Amos 2:11) "v'Akim mi'Bneichem li'Nevi'im umi'Bachureichem li'Nzirim." Nezirus is a sin only if he does not reach a high level, or becomes Tamei. 'I will be beautiful' alludes to Nezirus, for he thinks that he is worthy. He does not bring Nesachim, for some Tahor Nezirim are sinners.

15.

Answer #6 (Shitah Mekubetzes Nedarim 10a DH Lefichach): If one accepts Nezirus k'Nidvos Tzadikim, he refers to Nezirus l'Shem Mitzvah. Nezirus to atone for a sin is not a Mitzvah.

16.

Ibn Ezra (Bamidbar 6:11): If "Chota Al ha'Nefesh" referred to abstaining from wine, the Torah would not tell him to resume Nezirus after becoming Tahor!

17.

Maharsha (Sotah 15a DH b'Emtza): We said that R. Shimon holds like R. Elazar Hakapar, that a Nazir sins, so his Chatas is for sin. In Kerisus (26a), the Gemara says that it is not for sin, rather, to enable him to begin Nezirus Taharah (if he was Tamei, and if he was Tahor,) to permit him to drink wine.

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