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Nazir 62

NAZIR 61, 62 - The preparation of the study material for these Dafim was supported by a grant from the Memorial Foundation for Jewish Culture, for which the Kollel is grateful.

1) [line 2] "[DABER EL BENEI YISRAEL V'AMARTA ALEHEM] ISH KI YAFLI NEDER B'ERKECHA [NEFASHOS LA'SH-M.]" - "[Speak to the people of Yisrael, and say to them,] 'When a man shall clearly utter a vow regarding the valuation [of persons to HaSh-m.']" (Vayikra 27:2)

2) [line 9] MUFLA SAMUCH L'ISH
(a) The Mishnah in Nidah Daf 45b specifies that if a girl makes a vow during her twelfth year, or a boy during his thirteenth year (i.e. when they are "Samuch," or near, the age of normal physical maturity, or "Ish"), we must "further investigate" in order to determine whether or not the vows are Halachically binding. The investigation involves determining whether the child in question knows the significance of Nedarim, and that their laws were dictated by Hash-m. Even though, Halachically speaking, the actions of a minor normally have no legal ramifications, if the child in question passes the investigation he is called a "Mufla ha'Samuch l'Ish, and he has reached the "Onas Nedarim," the age at which his vows *are* binding.
(b) There is a disagreement among the Tana'im as to whether the vows of such a child are binding mid'Oraisa (and if an adult transgresses them he is punishable with Malkos), or only mid'Rabanan. In either case, the child himself is not punished with Malkos if he transgresses his own vow, since he is still a minor and exempt from all punishments.

3) [line 20] EINO YODE'A L'HAFLOS - he does not know the significance of Nedarim, that their laws were dictated by Hash-m (MEFARESH, RASHI to Nidah 45b)

4) [line 21] "[...ISH O ISHAH] KI YAFLI [LINDOR NEDER NAZIR L'HAZIR LA'SH-M.]" - "[Speak to the people of Yisrael, and say to them, 'When either man or woman] shall separate themselves [to vow a vow of Nezirus, to separate themselves for HaSh-m.']" (Bamidbar 6:2)

(a) Any Neder, Shevu'ah or Nezirus, must be verbalized in order for it to be binding. It is not binding if it has been made in one's mind alone. However, the Torah teaches that even if one *begins* to utter the Neder, Shevu'ah or Nezirus but does not finish his sentence, it is still binding. (The source for this is discussed in Nedarim 3a.) Such a half-statement is referred to as a "Yad" (literally, a handle) for a Neder, Shevu'ah or Nezirus, since this incomplete statement allows us to "grasp" the person's intention. For example, in the Mishnah Nazir 2b, the expressions "Ehei" - "I will be" - or "Ehei Na'eh" - "I will be as beautiful as..." - are "Yados" for Nezirus, since we assume that the end of the sentence was meant to be, "a Nazir."
(b) The Yad is binding only if the presumed end of the sentence can be inferred from what the person uttered. The Tana'im and Amora'im argue over *how clearly* the person's intention must be inferred. According to some, the inference must be very clear ("Yad Mochi'ach"), while according to others, even if the inference is not beyond doubt ("Yad she'Eino Mochi'ach"), the Yad is binding.

6) [line 28] EIN ECHAD MEHEM NAZIR - [If a person passes by two people and one of the two says, "I shall be a Nazir if that person passing by is a Nazir" while the other one says, "I shall be a Nazir if that person passing by is *not* a Nazir,"] neither one of them is a Nazir

7) [line 29] SHE'LO NITNAH NEZIRUS ELA L'HAFLA'AH - Nezirus can only take effect through an unequivocal acceptance of Nezirus Rebbi Yehudah, in the name of Rebbi Tarfon, rules that the statement with which a person makes himself a Nazir may not be conditional. He must realize from the moment he utters it that this statement is making him a Nazir. He learns this from the word "Ki *Yafli*," which implies that the statement of Nezirus requires "Hafla'ah" (certainty and clarity; lack of ambiguity). This requirement applies not only to Nezirus, but to Nedarim and Shevu'os as well (see Insights to Nedarim 19:1).

8) [line 31] HETER NEDARIM
(a) When an adult makes a Neder (or designates Chalah, Terumah or Kodshim) or Nezirus, and he regrets having made the Neder, he may have it revoked by a Beis Din of three (if they are not outstanding authorities) or a Yachid Mumcheh (an outstanding authority). The general method used is that Beis Din investigates whether the person would not have made the Neder in the first place had he been aware of a particular fact. This investigation provides the person with a "Pesach" (opening) with which the Beis Din can revoke the Neder.
(b) There is a Machlokes Rishonim as to the status of a Yachid Mumcheh. The RAN rules that he must be an outstanding Torah authority well versed in the laws of Nedarim. Others rule that in addition to the previous, the scholar must also have Semichah (RAMBAN, cited by the Ran in Nedarim 23a).

9) [line 32] PORCHIN BA'AVIR - (lit. flying in the air) [Heter Nedarim] are only slightly hinted at by the verses (RASHI to Chagigah 10a)


10) [line 1] MEFER NIDREI ISHTO (HAFARAS NEDARIM- Annulling vows) (a) A man has the right to annul certain vows of his wife and his young daughter, as the Torah states in Bamidbar 30:6, 9, 13-14. He accomplishes this by stating, on the day that he hears the vow, "Mufar Lach" ("[the vow] is annulled"). There is an argument among the Tana'im whether the vow must be annulled before nightfall on the day the husband/father heard it, or before 24 hours pass from when he heard it (Nedarim 77a); the former is the Halachic opinion.
(b) A father may annul his daughter's vows while she is young, starting from the age at which her vows are valid (11 years old) until she becomes a Bogeres (six months after she becomes a Na'arah by growing two pubic hairs). If the father marries her off before she becomes a Bogeres, during the period of Eirusin both the father *and* the husband, or "Arus," must annul the vows in order for the annulment to be effective. After the consummation of the marriage through Nisu'in, the husband may annul the vows by himself. The father no longer has rights over her vows after her marriage, even if she is divorced before becoming a Bogeres.
(c) Nobody may annul the vows of a woman if she is an unmarried Bogeres, or if she is an unmarried Na'arah who was *once* married or who has no father. Instead, her Nedarim must be revoked through *Hataras* Nedarim (see above, entry #8).
(d) If the father or husband is "Mekayem" the vow even before the day is over (i.e. he upholds or endorses the vow; this is also referred to as "Kiyum" or "Hakamah"), by stating "[the vow] is endorsed," he can no longer be Mefer the vow. His wife or daughter must abide by her vow. (There is a disagreement among the Poskim as to whether the wife or daughter can remove the Neder through *Hataras* Nedarim after Hakamah, see Insights to Nedarim 69:1:a:1.)

11) [line 3] YATZA L'CHEIRUS U'MASHLIM NEZIRUSO - (a) if the slave is freed he must complete his Nezirus (TOSFOS, RA'AVAD Hilchos Nezirus 2:18); (b) the slave is freed [*because* the master annulled his Nezirus] and the slave must complete his Nezirus (RAMBAM ibid., BARTENURA, TIFERES YISRAEL)

12) [line 4] L'MAH RABO KOFO? - In which Halachos does the master have the right to force his slave [to break his word]?

13) [line 10] ESHKOL SHEL AVANIM - a cluster of grapes
14) [line 15] CHALISH - he will become sick; he will feel weak or faint (TOSFOS)
15) [line 16] CHARTZAN - a grape seed or peel, depending on the Machlokes Tana'im (MISHNAH Nazir 34b)

16) [line 23] "[O NEFESH KI SISHAVA L'VATEI VI'SFASAYIM] L'HARA O L'HEITIV [L'CHOL ASHER YEVATEI HA'ADAM BI'SHEVU'AH V'NE'LAM MIMENU; V'HU YADA V'ASHEM L'ACHAS ME'ELEH.]" - "[Or if a person swears, pronouncing with his lips] to do evil (to himself, e.g. 'I will not eat' or 'I will not sleep') or to do good, [whatever a man will utter with an oath, and it is later concealed from him (i.e. forgotten), and he then knew (i.e. he remembers it) and was guilty of one of these things [mentioned above, verses 1-4].]" (Vayikra 5:4)

17) [line 25] AVAR MI'KENEGED PANAV - if the slave ran away from his master [after he accepted Nezirus]

(a) A Jew who owns a non-Jewish slave (an Eved Kena'ani) may release the slave from bondage in one of two ways: by accepting payment for the slave's release, or by giving the slave a "Get Shichrur," or bill of release. If the slave is not released in one of these two ways, he is still considered to be a slave for all Halachic matters (such as with regard to whom he is allowed to marry and what Mitzvos he is obligated to keep.)
(b) Some maintain that even if a master declares his slave Hefker (ownerless), but does not give him a Get Shichrur, the slave is still considered to be a freeman with respect to Halachic matters (Yevamos 48a, Gitin 38a).

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