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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Nazir 55



(a) We try to resolve our She'eilah (whether the decree of 'Eretz ha'Amim' is 'Mishum Avira' or 'Mishum Gusha', from the Beraisa in which Rebbi renders Tamei someone who enters a land in Chutz la'Aretz in a Shidah, Teivah or Migdal, whereas Rebbi Yossi b'Rebbi Yehudah declares him Tahor. It appears - that Rebbi holds 'Mishum Avira', and Rebbi Yossi b'Rebbi Yehudah, 'Mishum Gusha'.

(b) We refute this proof however. Both might well hold 'Mishum Gusha' (following our text [that of the Rabeinu Chananel], and the reason of Rebbi who renders him Tamei is - because he holds 'Ohel Zaruk Lo Sh'mei Ohel'.

(c) And Rebbi Yossi b'Rebbi Yehudah holds 'Ohel Zaruk Sh'mei Ohel'. In another Beraisa, he himself says that ...

1. ... if someone throws a box-full of vessels over a Meis - the vessels become Tamei.
2. ... if he passes the corpse over the box-full of vessels when it is static - they will remain Tahor.
(d) The reason that he does not consider this latter case an Ohel is - because it is flying in the air (much like a flapping flag that is tied to a post, where everyone agrees that 'Ohel Zaruk Lo Sh'maei Ohel') - and it is only in our case, where the Ohel is being carried by people or by animals, whose feet are on the ground (even though there too, the flagpole is on the ground), that he holds 'Sh'mei Ohel'.
(a) So we establish that they both hold 'Mishum Avira', and the reason of Rebbi Yossi b'Rebbi Yehudah, who holds that he is Tahor is - because it is unusual to be transported in a Shidah, Teivah u'Migdal', and we have a principle 'Milsa de'Lo Shechicha, Lo Gazru Bah Rabbanan'.

(b) Consequently, the author of the Beraisa 'ha'Nichnas le'Eretz ha'Amim be'Shidah, Teivah u'Migdol Tahor; be'Karon u'vi'Sefinah u've'Iskarya, Tamei' is Rebbi Yossi b'Rebbi Yehudah. Rebbi does not differentiate between the two cases. According to him - they decreed even by a Shidah, Teivah and Migdal (in spite of the fact that they are not common).

(c) Alternatively, they both hold 'Mishum Gusha' and 'Ohel Zaruk Sh'mei Ohel. The basis of their Machlokes will then be - when the person only stuck out his hand (and not his head and most of his body). According to Rebbi - Chazal decreed on account of someone who did stick out his head and most of his body; whereas according to Rebbi Yossi b'Rebbi Yehudah, they did not.

(d) The reason that Rebbi Yossi b'Rebbi Yehudah differentiates between a Shidah, Teivah and Migdol and a wagon or a boat is - because it is difficult to stick out one's head and body from the former (which is why he did not decree), and the latter, from which it is easy (which explains why he did).

(a) We learned in our Mishnah that Yemei Sifro and Yemei Gamro do not count in the days of Nezirus - which Rav Chisda restricts to a small Nezirus (of thirty days).

(b) Rav Sh'ravya asks on him from our Mishnah, which says 've'Eino Soser es ha'Kodmin u'Maschil u'Moneh Miyad', implying that he is obligated to start counting from the beginning, and that he cannot count the days of Tzara'as in his days of Nezirus. The Tana cannot talking about a short Nezirus - because if he was, how could he say 've'Eino Soser es ha'Kodmin' (seeing as the Nazir will in any case require another thirty says growth).

(c) Rav Sh'ravya himself resolves the problem - by establishing our Mishnah by a Nezirus of (for example) fifty days, twenty of which have already passed when he contracts Tzara'as (which is the equivalent to the small Nezirus of Rav Chisda).

(d) We will define the small Nezirus (of Rav Chisda) - as one which will leave the Nazir only thirty days after the termination of his Tzara'as (irrespective of how many days he already counted before he contracted Tzara'as; that of the large Nezirus is - one which leaves him with thirty-one or more days after the Tzara'as has terminated (because however many days above thirty remain, he will be able to count the equivalent number of his days of Tzara'as in the new count).

4) It is possible to establish our Mishnah by a Nezirus of forty days - if he contracted Tzara'as after ten days (instead of twenty).




(a) Rami bar Chama questions Rav Chisda from a Mishnah in Shnei Nezirim, 'Nazir she'Hayah Tamei be'Safek u'Muchlat be'Safek'. The two S'feikos are - Safek Nezirus Tamei and Safek Metzora Muchlat, but he is a Vaday Nazir?

(b) He will he be permitted ...

1. ... to eat Kodshim - after sixty days.
2. ... to drink wine and to become Tamei Meis - after a hundred and twenty days.
(c) If he was Vaday Tamei and Vaday Muchlat, he would be permitted ...
1. ... to eat Kodshim - after seven days (after bringing his Korbanos [seven days after his first shave]).
2. ... to drink wine and to become Tamei Meis - after forty-four days, seven for the second set of seven days [after bringing his Korbanos Metzora], and thirty for his Nezirus).
(d) It is only because of his Safek Tzara'as that he is forbidden to eat Kodshim, but not because of his Safek Nezirus Tamei - because the Isur to eat Kodshim is that of a Mechusar Kipurim, which is confined to Tum'ah that comes from the body (such as that of a Metzora, but not of external Tum'os, such as that of a Tamei Meis).
(a) At the end of thirty days - he brings first the two birds for his Tzara'as, then the Chatas ha'Of for his Safek Nezirus Tum'ah, and then the Olas Beheimah for his Safek Nezirus Taharah (all with a condition that if necessary, they will be Korbenos Nedavah). He brings his Korbanos Nezirus then, despite the fact that he is not allowed to shave yet anyway - because, as we have already learned, he can shave on any one of his Korbanos.

(b) He cannot ...

1. ... eat Kodshim there and then - because if he is a Metzora Muchlat, he will require a second shaving in seven days time?
2. ... shave in seven days time and eat Kodshim then - because he may be a Nazir Tahor, who is not permitted to shave before the termination of his Nezirus.
(a) The sixty days until he is permitted to eat Kodshim is - due to the fact that, if he was Tamei, the first thirty days will have covered his days of Nezirus Tum'ah, and it is only during the second set of thirty days that he count the days of his Nezirus Taharah.

(b) He then brings his Olas Beheimah for his Neziras Taharah and shaves. On the following day he brings the Chatas ha'Of for his Tzara'as, and is permitted to eat Kodshim. Assuming he is not a poor man, the problem with bringing a Chatas Beheimah for his Tzara'as is - that one cannot bring a Chatas Beheimah on a Safek.

(c) He can circumvent the problem - by declaring his property Hefker, in which case he brings a Chatas ha'Of (the Korban of a poor Metzora), who can.

(d) According to Rebbi Shimon, the Nazir can also bring his Asham then (and make a condition that if necessary, it should be a Nedavah). According to the Rabbanan (who hold that one cannot make a condition on an Asham) - there is no problem anyway, because the Asham is not crucial to the Kaparah of a Nazir.

(a) On ...
1. ... the ninetieth day - he brings the Korbanos of a Tahor Nazir and of a Tamei Nazir (but not those of a Metzora, seeing as he has already covered all contingencies of Tzara'as).
2. ... hundred and twentieth day - he only brings the Korbanos of a Nazir Tahor, and makes a condition that they should be a Korban Nedavah should he already have been Yotze.
(b) He is not yet permitted to drink wine and become Tamei Meis after ninety days - in case he was a Metzora Muchlat and a Nazir Tamei, in which case his Nezirus Taharah only terminates on the hundred and twentieth day.
(a) The first shaving must have taken place on the thirtieth day and not on the thirty-first - because if it had taken place on the thirty-first, then the Nazir would not have been permitted to eat Kodshim until the sixty-second day (and the Lashon 'le'Achar Shishim Yom') would have been inappropriate (Tosfos).

(b) Chazal permitted him to do so (reinstating the Torah law), and not to wait for the thirty first day and the sixty-first day, for which a Nazir would normally have had to wait (Lechatchilah) - in order to permit him to eat Kodshim as early as possible (Tosfos).

(c) In fact, Chazal are even more lenient than this, and after his second shaving, he is permitted to ...

1. ... Tovel - already on the fifty-ninth day.
2. ... eat Kodshim - on the sixtieth (in spite of the Lashon 'le'Achar Sheloshim').
(d) He shaves for the third and fourth times - on the ninety-first and hundred and twenty first days respectively (seeing as they do not come to permit him to eat Kodshim - Tosfos), though they seem to contradict themselves from the bottom of 55b to the top of 56a).
(a) The Beraisa restricts the Din in the Mishnah to a 'short' Nezirus of less than a year. In the case of a one-year Nezirus, the Safek Nazir Tamei, Safek Metzora Muchlat will only be able to eat Korbanos after two years - because, seeing as he may be a Tahor Nazir, he will not be able to shave the first shaving for his Tzara'as until then.

(b) And he will have to wait as long as four years before being permitted to drink wine and make himself Tamei Meis - one year because he may be a Muchlat, another year in case he was not a Muchlat but a Nazir Tamei, a third year in case he was a Muchlat and a Nazir Tahor, and a fourth year because he may have been both a Muchlat and a Nazir Tamei.

(c) According to Rav Chisda, we ask, (who holds that the days of Tzara'as count in his term of [a long] Nezirus) - when he arrives at the fourth year of Nezirus Taharah, why does the year of Muchlat not count for his term of Nezirus, so that all he should still require for his Nezirus Taharah to terminate is the thirty days for his hair to grow?

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