Nazir, Perakim 8 & 9

5/2 - 5/5

CHAPTER 8:


This chapter explores situations in which the Nazir is uncertain if he/she had became tamei from a corpse (and possibly also by virtue of having tzaraas) and how, under those circumstances, he/she can conclude the nezirus.   


More specifically, this uncertainty creates two potential problems for the Nazir:


1.

On the other hand, a Nazir who IS tamei must shave his/her head before counting the term of nezirus again; on the other hand, a Nazir who is NOT tamei is prohibited from shaving his/her head until the term of nezirus ends. In other words, this Nazir is stuck in a bind…the uncertain Nazir can’t shave her/his head because they may be Tahor, yet they can’t complete the nezirus because they need to shave their head in order to start counting the nezirus term again.


2.

The second resulting complication relates to the appropriate offering to be brought as part of the concluding process, which is different if the Nazir is tamei or tahor. 


This Perek describes creative solutions to solve these problems…all with eye, I believe, towards balancing the “tension” between adhering to the specific halachic requirements of nezirus yet at the same time avoiding a scenario in which one is inadvertently stuck in perpetual nezirus. (For those of you who find the pursuit of such “workarounds” interesting, particularly in the modern context, I highly recommend a new book by Rabbi Daniel Feldman entitled: “Letter and Spirit: Evasion, Avoidance and Workarounds in the Halakhic System.”)


CHAPTER 9:


The tractate of Nazir concludes with the following, which we will break down on a Mishnah-by-Mishnah basis.


1.

The first Mishnah discusses who is eligible to be a Nazir.  Spoiler alert: Jewish men and women and Canaanite slaves owned by Jews need only apply! This Mishnah also explores the practical difference between a husband cancelling his wife’s nezirus (as previously discussed) and a master doing so on behalf of his slave. 


2.

The Mishnah discusses the case of someone who has concluded his/her nezirus only to find out afterwards that he/she had become tamei via contact with a corpse during the then-prior nezirus. In explaining its ruling, the Mishnah ends with the rationale that “the matter has legs to stand on” (i.e., a logical basis), a concept that will be the launching pad for the next two Mishnayot. 


3/4. The Mishnah turns to other laws — unrelated to nezirus — for which the Mishnah also states that the “matter has legs to stand on.” The first law involves the re-burial of a body(ies) found in the ground but where no one knew there was a grave (suggesting perhaps that it was intended to only be temporarily buried in that spot). The Sages apply this concept to bodies discovered in or around burial caves on this “logical” basis (i.e., having legs to stand on). As a personal aside, this brought back powerful images of visiting a “temporary” cemetery in Israel for the those who perished on October 7th at Kibbutz Be’eri and who will be reburied at the Kibbutz’s cemetery at the appropriate time.  May their memories be for a blessing.


In the 4th Mishnah, three different laws are discussed using this same principle of “logic” (as a technical matter, only two of the laws cite this principle, but the reason for the first law is similar to the others and is thus grouped together).  These laws include cases involving the diagnosis of tzaaras, the laws with respect to a zav, and the cause of death following an assault.


5.

We conclude this Chapter (and the Tractate) with a debate as to whether or not the prophet Samuel was a Nazir.


Concluding Thought: Both Nedarim and Nazir come back to a much larger question…one which we confront on Kol Nidrei on Yom Kippur. That is, in our own lives, how seriously have do we take we our vows and promises to ourselves and others? Something to perhaps consider during the self-reflective Omer period as well.


YASHER KOACH ON COMPLETING NAZIR!!!



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