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Nazir 42

NAZIR 41 & 42 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of love for Torah and those who study it.

1) [line 8] MECHACHU ALAH B'MA'ARAVA - they laughed about it (Rebbe Yossi b'Rebbi Chanina's question) in Eretz Yisrael

2) [line 16] V'NASHRAH ACHAS - and one hair fell out
3a) [line 22] CHOFEF - scrubs his hair with natron and sand (O.F. freier - friction; the rubbing of one thing against another)
b) [line 22] MEFASPES - (O.F. charpir) parts or untangles his hair (RASHI to Shabbos 81b)
c) [line 22] LO SOREK - he may not comb it

(a) A Davar she'Ein Miskavein is an act that is done for a certain purpose (which will be accomplished without transgressing a Melachah), but which *may* result in a Melachah being inadvertently performed. Rebbi Yehudah prohibits performing such an action mid'Rabanan, since it may result in a Melachah. Rebbi Shimon disagrees, claiming that even though a Melachah may result from this action, since the Melachah will come about without intent, the action is permitted. However, when a Melachah will definitely occur as a result of one's action, this is a Pesik Reshei and is forbidden. (For example, if a person cut the head off of a chicken and states that he had no intention to kill the animal but he merely wanted its blood to feed to his dogs, it is considered as though he had full intention to kill the animal since it was an inevitable outcome of his act, and he is Chayav.)
(b) If the Melachah that inevitably occurs as a result of one's action is *not desirable*, he will not be Chayav according to Rebbi Shimon, because it is no worse than a Melachah she'Einah Tzerichah l'Gufah (Shabbos 103a, Tosfos). According to others, when the inevitable result of one's action is not desirable, it is even permissible to perform such an act *l'Chatchilah* according to Rebbi Shimon, and it is like any other Davar she'Eino Miskaven (Aruch, cited in Tosfos Shabbos 103a; see Insights to Shabbos 110:1). If the person is pleased with the Melachah that results inevitably from his action, then it is a Pesik Reshei for which everyone (Rebbi Shimon and Rebbi Yehudah alike) agrees that one is Chayav and the transgressor must bring a Korban Chatas for atonement.

5) [line 26] NIMIN MEDULDALOS - hairs that are partially attached that are hanging down lower than the others

6) [line 28] MASHERES ES HA'SE'AR - makes the hair fall out
7) [line 33] MASRA - makes the hair fall out

8) [line 34] TEIKU
The Pri Megadim (in his Igeres preceding his introduction to Orach Chaim, #9) quotes and discusses various explanations for the word Teiku:

1. It is sealed in its container ("Tik") (ARUCH, Erech Tik).
2. Tehei Ka'i - "Let it (the question) stand" (MUSAF HA'ARUCH).
3. Tishbi Yetaretz Kushyos v'Ibayos - "Eliyahu ha'Navi will answer difficulties and questions" (TOSFOS YOMTOV, end of Eduyos).


9) [line 2] "[L'AVIV UL'IMO, L'AHCIV UL'ACHOSO,] LO YITAMA [LAHEM B'MOSAM...]" - "[For his father and for his mother, for his brother or for his sister,] he shall not become Tamei [because of them upon their deaths...]" (Bamidbar 6:7)

10) [line 3] "[...AL NEFESH MES] LO YAVO." - "...he shall not come near [a dead person.]" (Bamidbar 6:6)

11a) [line 4] BI'AH - coming into a room in which there is a dead body b) [line 4] BI'AH (TUM'AS OHEL)
(a) A k'Zayis of the flesh of a *Mes* (corpse) is an "Avi Avos ha'Tumah" and is Metamei through Maga (contact), Masa (carrying), and Ohel (being in the same room (lit. tent). An Ohel is defined as a covered space that is at least one Tefach in length, width and height). If a person becomes Tamei by touching a *Mes*, he must wait seven days to go to the Mikvah. Furthermore, on the third and seventh days he must have Mei Chatas (water mixed with ashes of the Parah Adumah) sprinkled on him.
(b) In an Ohel ha'Mes, the house or room becomes Tamei even if the Mes is passing through it and does not stop moving. A person who enters an Ohel ha'Mes becomes Tamei even if only a bit of his body enters, even when entering backwards. A Mechitzah (partition) in an Ohel ha'Mes only prevents the spread of Tum'ah if it reaches the ceiling. (RASH to Keilim 1:4)
(c) The bones of a Mes are only Metamei through Ohel under one of three conditions: 1. They constitute a quarter of a Kav (Rova Ha'kav); 2. They are the majority of the human body (whether they are the majority of the *build* (Rov Binyano) of the body or the majority of the *number* (Rov Minyano) of 248 bones; 3. The bone is a complete skull or a complete spinal column. In order to be Metamei through Maga and Masa, it is enough for the bone to be the size of a Se'orah (a grain of barley).
(d) When an object that can be Metamei b'Ohel is located in an Ohel, the Ohel makes everything in it Tamei and protects anything that is above it from becoming Tamei. That is, an Ohel is *Mevi* Tum'ah (spreads Tum'ah inside of it) and is *Chotzetz* from Tum'ah (intervenes between the Tum'ah and the space above the Ohel, preventing Tum'ah from spreading above it).
(e) However, not all objects that cover Tum'ah are Mevi and Chotzetz. There are objects that are Mevi and not Chotzetz and other objects that are Chotzetz and not Mevi and even others that are neither Mevi nor Chotzetz (Ohalos 8:5). An object that is flying through the air, such as a bird or a Talis that is carried or caught up by the wind, are not Ohalim and are not Mevi or Chotzetz, even if they are one Tefach wide.

12) [line 4] TUM'AH V'TUM'AH - a person who is Tamei Mes (either by currently being in contact with a Mes or by being in an Ohel ha'Mes) to whom another incident of Tum'as Mes occurs

13) [line 5] HA'ELOKIM - Indeed! (using "ha'Elokim," which is an oath, for emphasis)
14) [line 12] ("*V'LO YECHALEL*" - Vayikra 21:12) "[LO YITAMA BA'AL B'AMAV] L'HECHALO." - "[A husband may not defile himself] for one who profanes him (his wife whose marriage profanes him)." (Vayikra 21:4) - The Vilna Ga'on notes that the verse quoted in our Gemara is incorrect, which is apparent from Daf 43a. The quote should be "*L'HECHALO*."

15) [line 18] CHIBURIN - when the Nazir touched the second dead body, he was still in contact with the first dead body

16a) [line 23] KAN B'CHIBUREI ADAM B'ADAM - this case is referring to (a) a person who touches a person who is touching a dead body (MEFARESH, RASHI to Avodah Zarah 37b); (b) a person who touches a person who touches a person who is touching a dead body (RI, cited by TOSFOS DH b'Chiburei)
b) [line 23] KAN B'CHIBUREI ADAM B'MES - this case is referring to (a) a person who touches a dead body (MEFARESH, RASHI to Avodah Zarah 37b); (b) a person who touches a person who is touching a dead body (RI, cited by TOSFOS DH b'Chiburei)

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