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Today's Daf Yomi

November 13, 2022 | י״ט במרחשוון תשפ״ג

  • This month's learning is sponsored by Leah Goldford in loving memory of her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Bat Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.

  • Masechet Nedarim is sponsored by Aviva and Benny Adler in honor of our mother Lorraine Kahane and in loving memory of our parents Joseph Kahane z"l, Miriam and Ari Adler z"l.

Nedarim 19

Today’s daf is sponsored by Stacey Goodstein Ashtamker in loving memory of my mother Arlene Goodstein’s 7th yahrzeit. “My mother’s love of Judaism and the land of Israel set the stage for my life. Missing her always.”

In order to resolve a contradiction between our Mishna and the Mishna in Taharot 4:12, regarding the issue of whether we rule stringently or leniently with regard to vows, the Gemara suggested that each Mishna reflected a different tannaitic opinion. First, they try to establish that the lenient opinion matches Rabbi Elazar (Eliezer), but difficulties are raised against this suggestion, first from the continuation of the Mishna in Taharot and then from the Tosefta Taharot Chapter 5. The first difficulty is resolved but the second is not. The second suggestion is that the Mishnayot each represents a different tannaitic opinion regarding a debate between Rabbi Yehuda and Rabbi Shimon about a case where one says “I will be a nazir if there are 100 kur in the pile.” If the pile is lost or stolen before they measure it, Rabbi Yehuda ruled the person is not a nazir and Rabbi Shimon rules the opposite. Based on this understanding, Rabbi Yehuda’s reasoning is based on the fact that when one vows, one does not put oneself into a situation of uncertainty. This contradicts an inference from a statement of Rabbi Yehuda in our Mishna regarding a case of doubt when one said a vow using the language of teruma where the ruling is to be stringent. Rava answers by explaining the case of the nazir differently as the case of doubt for a nazir is worse than a doubt regarding a regular vow as one has no way to end the nazir prohibitions. Therefore, we can assume the person did not want to get into a situation of becoming a nazir out of doubt. Two questions are raised against Rava and one is resolved, but the other is not. Rav Ashi answers that Rabbi Yehuda by nazir is not his own opinion but him stating Rabbi Tarfon’s position that nazir can only be taken on by a definitive declaration. A difficulty is raised against Rav Ashi as well, but it is resolved. The Mishna has brought two cases where the law is different between those living in Judea and the Galilee. However, they seem to contradict each other and therefore the Gemara concludes that one is Rabbi Yehuda’s position and the other is Rabbi Elazar b’Rabbi Tzadok.

כל שכן דלא מעייל לספיקא


holds that all the more so, one does not enter himself into uncertainty either. Therefore, uncertainty with regard to naziriteship is treated leniently.


אמר ליה אביי במאי אוקימתא לספק נזירות להקל כרבי אליעזר אימא סיפא ספק בכורות אחד בכורי אדם ואחד בכורי בהמה בין טמאה בין טהורה המוציא מחבירו עליו הראיה


Abaye said to Rabbi Zeira: In what manner did you establish the mishna that states that uncertainty with regard to naziriteship is treated leniently? You established it in accordance with the opinion of Rabbi Eliezer. Say the latter clause of that mishna: If there is uncertainty with regard to firstborns, whether human firstborns, or animal firstborns, whether non-kosher firstborns, i.e., the firstborn of a donkey, or the firstborn of kosher animals, the burden of proof rests upon the claimant. In other words, the priest cannot take the redemption money from the father of the child, or the animal from its owner, and conversely, if the father or owner mistakenly gave it to a priest, he does not get it back.


ותני עלה ואסורים בגיזה ועבודה


And it is taught in a baraita in that regard: But with regard to shearing and working these uncertain animal firstborns, they are forbidden, just like definite firstborns. This indicates a difference between the monetary issue, with regard to which it is ruled that the animal cannot be taken from the owner by the priest, and the prohibition, which applies despite the uncertainty. Evidently, even the tanna of this mishna does not hold that all uncertainties with regard to consecration are to be treated leniently.


אמר ליה אמאי קא מדמית קדושה הבאה מאליה לקדושה הבאה בידי אדם


Rabbi Zeira said to Abaye: This is not difficult. Why do you compare sanctity that emerges by itself, i.e., the sanctity of a firstborn, which results from objective reality and not human intent, to sanctity that emerges by the volition of a person and is dependent on his intention? Only with regard to the latter type of sanctity can it be established that a person does not intend to consecrate an item in an uncertain manner.


אלא אי קשיא הא קשיא ספק משקין ליטמא טמא לטמא אחרים טהור דברי רבי מאיר וכן היה רבי אלעזר אומר כדבריו


Rather, if Rabbi Zeira’s answer is difficult, this is what is difficult. It is stated in that same mishna: In the case of liquid with regard to which there is uncertainty whether it became ritually impure through contact with someone who was ritually impure, the halakha is as follows: It is considered impure with regard to its being impure in and of itself, but it is considered pure with regard to its ability to render other items impure. This is the statement of Rabbi Meir. And Rabbi Elazar would also say in accordance with the statements of Rabbi Meir.


ומי סבירא ליה לרבי אליעזר ליטמא טמא


According to Rabbi Zeira’s assertion that the rulings of this mishna with regard to uncertainty are in accordance with the opinion of Rabbi Eliezer, this causes a difficulty: But does Rabbi Eliezer hold that with regard to liquid of uncertain ritual status being impure, it is considered impure?


והתניא רבי אליעזר אומר אין טומאה למשקין כל עיקר תדע שהרי העיד יוסי בן יועזר איש צרידה על איל קמצא דכן ועל משקין בית מטבחיא דכן


But isn’t it taught in a baraita that Rabbi Eliezer says: By Torah law, impurity does not apply to liquids at all? Know that this is so, as Yosei ben Yo’ezer of Tzereida testified concerning a grasshopper species called eil kamtza that it is kosher, and concerning the liquids of the Temple slaughterhouse that they are pure. Liquids are susceptible to ritual impurity only by rabbinic law, and liquids in the Temple were not included in this decree so as not to cause additional impurity there. Since Rabbi Eliezer holds that by Torah law liquids are not susceptible to impurity, how can it be his opinion that liquids of uncertain ritual status are considered impure?


הניחא לשמואל דאמר דכן מלטמא אחרים אבל טומאת עצמן יש בהן שפיר


The Gemara comments: This works out well according to Shmuel, who said that the meaning of Rabbi Eliezer’s ruling that the liquids of the Temple slaughterhouse are pure is that they cannot render other items impure, but they themselves are susceptible to impurity. Accordingly, liquids are susceptible to impurity by Torah law; only their ability to render other items impure is by rabbinic law. The ruling in the mishna that liquid of uncertain ritual status is considered impure is therefore consistent with the opinion of Rabbi Eliezer, and Rabbi Zeira’s answer works out well.


אלא לרב דאמר דכן ממש מאי איכא למימר


However, according to Rav, who said that they are actually pure, i.e., they are not susceptible to impurity, what is there to say? The mishna that is lenient with regard to uncertain naziriteship and stringent with regard to liquid of uncertain ritual status is clearly not in accordance with the opinion of Rabbi Eliezer.


אלא הא רבי יהודה והא רבי שמעון


Rather, Rabbi Zeira’s answer should be rejected, and the contradiction between the mishna here, which states that unspecified vows should be treated stringently, and the mishna in tractate Teharot, which states that uncertain naziriteship should be treated leniently, should be resolved as follows: That mishna, in Teharot, is in accordance with the opinion of Rabbi Yehuda, and this mishna is in accordance with the opinion of Rabbi Shimon.


דתניא הריני נזיר אם יש בכרי הזה מאה כור והלך ומצאו שנגנב או שאבד רבי יהודה מתיר ורבי שמעון אוסר


As it is taught in a baraita that if someone says: I am hereby a nazirite if there are in this heap of grain one hundred kor, and he went to measure the heap and found that it was stolen or that it was lost and cannot be measured, Rabbi Yehuda permits him to perform actions forbidden to a nazirite, as he holds that this uncertain naziriteship does not take effect. And Rabbi Shimon prohibits him from doing so, as he maintains that it does take effect. This indicates that Rabbi Shimon is of the opinion that uncertain naziriteship is treated stringently.


ורמי דרבי יהודה אדרבי יהודה מי אמר רבי יהודה לא מעייל איניש נפשיה לספיקא ורמינהי רבי יהודה אומר סתם תרומה ביהודה אסורה ובגליל מותרת שאין אנשי הגליל מכירין את תרומת הלשכה טעמא דאין מכירין


And the Gemara raises a contradiction between the statement of Rabbi Yehuda and another statement of Rabbi Yehuda. Did Rabbi Yehuda actually say that a person does not enter himself into a state of uncertainty, and therefore as long as the volume of the heap is unknown, naziriteship does not take effect? And the Gemara raises a contradiction from the mishna, where Rabbi Yehuda says: Unspecified teruma in Judea is forbidden but in the Galilee it is permitted, as the people of the Galilee are not familiar with the collection of the chamber. The Gemara infers: The reason it is permitted is that they are not familiar;


הא מכירין אסורין


but where they are familiar, it is forbidden, even if the person mentioned teruma without specification, and there is still uncertainty with regard to which teruma he was referring.


אמר רבא גבי כרי קסבר כל שספיקו חמור מודאי לא מעייל נפשיה לספיקא דאילו גבי נזיר ודאי מגלח ומביא קרבן ונאכל על ספיקו לא מצי מגלח


Rava said that the contradiction can be resolved as follows: With regard to the case of a vow conditioned on the volume of a heap, Rabbi Yehuda holds that wherever uncertainty is more stringent than certainty, one does not enter himself into a state of uncertainty. Uncertain naziriteship is more stringent than definite naziriteship, as while a definite nazirite has a remedy, i.e., at the end of his naziriteship he shaves his hair and brings an offering and it is eaten, one cannot shave his hair for uncertain naziriteship. He cannot bring an offering in case he is not a nazirite, which would render his offering a non-sacred animal in the Temple courtyard. Since he cannot bring an offering he may not shave.


אמר ליה רב הונא בר יהודה לרבא אמר הריני נזיר עולם מאי


Rav Huna bar Yehuda said to Rava: According to your answer, that Rabbi Yehuda holds that he is not a nazirite only because uncertain naziriteship is more stringent than definite naziriteship, if one said: If there are a hundred kor in this heap I am hereby a permanent nazirite, what is the halakha? In this case, uncertainty is apparently not more stringent than certainty, as the naziriteship will never end even if it is definite.


אמר ליה נזיר עולם נמי ספיקו חמור מודאי דאילו ודאי הכביד שערו מיקל בתער ומביא שלוש בהמות ואילו ספיקו לא


Rava said to him: Even with regard to a permanent nazirite, his uncertainty is more stringent than certainty with regard to a different halakha: As when the hair of a definite nazirite is too heavy for him he may lighten the hair with a razor and bring the three animal offerings that a nazirite brings when he has completed his term of naziriteship, before continuing to observe naziriteship; whereas in a case of uncertainty he cannot do so. Since it is not certain that he is a nazirite, he cannot bring these offerings and is therefore prohibited from shaving. Therefore, uncertainty is more stringent than certainty with regard to a permanent nazirite as well.


אמר הריני נזיר שמשון מאי


Rav Huna further asked him: If one said: If there are one hundred kor in this heap, I am hereby a nazirite like Samson (Judges, chapters 13–16), i.e., he would be like Samson, whose permanent naziriteship could not be dissolved and who had no remedy at all, even by bringing offerings, and therefore could never shave, what is the halakha? Uncertainty is definitely not more stringent than certainty in this case.


אמר ליה נזיר שמשון לא תניא אמר ליה והאמר רב אדא בר אהבה תניא נזיר שמשון אמר ליה אי תניא תניא


Rava said to him: The concept of a nazirite like Samson is not taught. It was not mentioned at all by the Sages, as the naziriteship of Samson could not have been created through a vow. It was a one-time, divine order that cannot be emulated. Rav Huna said to him: But didn’t Rav Adda bar Ahava say that the concept of a nazirite like Samson is taught in a baraita, which shows that it takes effect? Rava said to him: If this baraita is taught, it is taught, and I cannot take issue with it. Apparently, Rabbi Yehuda acknowledges that in this case even uncertain naziriteship takes effect.


רב אשי אמר ההיא רבי יהודה משום רבי טרפון היא דתניא רבי יהודה משום רבי טרפון אומר אין אחד מהם נזיר לפי שלא ניתנה נזירות אלא להפלאה


Rav Ashi said a different resolution to the contradiction between the statements of Rabbi Yehuda. That baraita, in which Rabbi Yehuda treats uncertain naziriteship leniently, is the statement of Rabbi Yehuda in the name of Rabbi Tarfon. As it is taught in a baraita: If a number of people wager on the truth of a statement, and they stipulate that whoever is correct will be a nazirite, Rabbi Yehuda says in the name of Rabbi Tarfon: None of them is a nazirite no matter who is correct, because naziriteship was given to take effect only through explicitness of intent. A vow of naziriteship takes effect only if it is taken unconditionally. Therefore, in the case of the heap, since the speaker was uncertain of its volume at the time the vow of naziriteship was taken, the vow does not take effect.


אי הכי מאי איריא שנגנב או שאבד אלא להודיעך כחו דרבי שמעון דאף על גב דנגנב או שאבד קסבר מעייל איניש נפשיה לספיקא


The Gemara asks: If so, why is it specifically stated that the heap was stolen or that it was lost? Even if it was still present and measured, the naziriteship would not have taken effect as it was conditioned and was not a clear expression. The Gemara answers: Rather, that detail was established to convey the far-reaching nature of the opinion of Rabbi Shimon, that even if it is the case that it was stolen or that it was lost and consequently cannot be measured, nevertheless he holds that a person enters himself into uncertainty, and therefore the vow takes effect.


רבי יהודה אומר סתם תרומה ביהודה כו׳ הא מכירין אסורין אלמא ספיקא לחומרא


§ It is stated in the mishna that Rabbi Yehuda says: Unspecified teruma in Judea is forbidden, but in the Galilee it is permitted, as the people of the Galilee are unfamiliar with the collection of the Temple treasury chamber. The Gemara infers: Where they are familiar with the collection of the chamber, it is forbidden. Apparently, uncertainty with regard to vows is treated stringently.


אימא סיפא סתם חרמים ביהודה מותרין ובגליל אסורין שאין אנשי הגליל מכירין את חרמי הכהנים הא מכירין מותרין אלמא ספיקא לקולא


However, say the latter clause of the mishna: Unspecified dedications in Judea are permitted, but in the Galilee they are forbidden, because the people of the Galilee are unfamiliar with dedications allotted to the priests. It may be inferred that where they are familiar with dedications allotted to the priests they are permitted, due to the uncertainty. Apparently, uncertainty with regard to vows is treated leniently.


אמר אביי סיפא רבי אלעזר ברבי צדוק היא דתניא רבי יהודה אומר סתם תרומה ביהודה אסורה רבי אלעזר ברבי צדוק אומר סתם חרמים בגליל אסורין


Abaye said: The latter clause is the opinion of Rabbi Elazar, son of Rabbi Tzadok, not of Rabbi Yehuda, as it is taught in a baraita: Rabbi Yehuda says that unspecified teruma in Judea is forbidden. Rabbi Elazar, son of Rabbi Tzadok, says that unspecified dedications in the Galilee are forbidden.

  • This month's learning is sponsored by Leah Goldford in loving memory of her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Bat Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.

  • Masechet Nedarim is sponsored by Aviva and Benny Adler in honor of our mother Lorraine Kahane and in loving memory of our parents Joseph Kahane z"l, Miriam and Ari Adler z"l.

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Nedarim 19

כל שכן דלא מעייל לספיקא


holds that all the more so, one does not enter himself into uncertainty either. Therefore, uncertainty with regard to naziriteship is treated leniently.


אמר ליה אביי במאי אוקימתא לספק נזירות להקל כרבי אליעזר אימא סיפא ספק בכורות אחד בכורי אדם ואחד בכורי בהמה בין טמאה בין טהורה המוציא מחבירו עליו הראיה


Abaye said to Rabbi Zeira: In what manner did you establish the mishna that states that uncertainty with regard to naziriteship is treated leniently? You established it in accordance with the opinion of Rabbi Eliezer. Say the latter clause of that mishna: If there is uncertainty with regard to firstborns, whether human firstborns, or animal firstborns, whether non-kosher firstborns, i.e., the firstborn of a donkey, or the firstborn of kosher animals, the burden of proof rests upon the claimant. In other words, the priest cannot take the redemption money from the father of the child, or the animal from its owner, and conversely, if the father or owner mistakenly gave it to a priest, he does not get it back.


ותני עלה ואסורים בגיזה ועבודה


And it is taught in a baraita in that regard: But with regard to shearing and working these uncertain animal firstborns, they are forbidden, just like definite firstborns. This indicates a difference between the monetary issue, with regard to which it is ruled that the animal cannot be taken from the owner by the priest, and the prohibition, which applies despite the uncertainty. Evidently, even the tanna of this mishna does not hold that all uncertainties with regard to consecration are to be treated leniently.


אמר ליה אמאי קא מדמית קדושה הבאה מאליה לקדושה הבאה בידי אדם


Rabbi Zeira said to Abaye: This is not difficult. Why do you compare sanctity that emerges by itself, i.e., the sanctity of a firstborn, which results from objective reality and not human intent, to sanctity that emerges by the volition of a person and is dependent on his intention? Only with regard to the latter type of sanctity can it be established that a person does not intend to consecrate an item in an uncertain manner.


אלא אי קשיא הא קשיא ספק משקין ליטמא טמא לטמא אחרים טהור דברי רבי מאיר וכן היה רבי אלעזר אומר כדבריו


Rather, if Rabbi Zeira’s answer is difficult, this is what is difficult. It is stated in that same mishna: In the case of liquid with regard to which there is uncertainty whether it became ritually impure through contact with someone who was ritually impure, the halakha is as follows: It is considered impure with regard to its being impure in and of itself, but it is considered pure with regard to its ability to render other items impure. This is the statement of Rabbi Meir. And Rabbi Elazar would also say in accordance with the statements of Rabbi Meir.


ומי סבירא ליה לרבי אליעזר ליטמא טמא


According to Rabbi Zeira’s assertion that the rulings of this mishna with regard to uncertainty are in accordance with the opinion of Rabbi Eliezer, this causes a difficulty: But does Rabbi Eliezer hold that with regard to liquid of uncertain ritual status being impure, it is considered impure?


והתניא רבי אליעזר אומר אין טומאה למשקין כל עיקר תדע שהרי העיד יוסי בן יועזר איש צרידה על איל קמצא דכן ועל משקין בית מטבחיא דכן


But isn’t it taught in a baraita that Rabbi Eliezer says: By Torah law, impurity does not apply to liquids at all? Know that this is so, as Yosei ben Yo’ezer of Tzereida testified concerning a grasshopper species called eil kamtza that it is kosher, and concerning the liquids of the Temple slaughterhouse that they are pure. Liquids are susceptible to ritual impurity only by rabbinic law, and liquids in the Temple were not included in this decree so as not to cause additional impurity there. Since Rabbi Eliezer holds that by Torah law liquids are not susceptible to impurity, how can it be his opinion that liquids of uncertain ritual status are considered impure?


הניחא לשמואל דאמר דכן מלטמא אחרים אבל טומאת עצמן יש בהן שפיר


The Gemara comments: This works out well according to Shmuel, who said that the meaning of Rabbi Eliezer’s ruling that the liquids of the Temple slaughterhouse are pure is that they cannot render other items impure, but they themselves are susceptible to impurity. Accordingly, liquids are susceptible to impurity by Torah law; only their ability to render other items impure is by rabbinic law. The ruling in the mishna that liquid of uncertain ritual status is considered impure is therefore consistent with the opinion of Rabbi Eliezer, and Rabbi Zeira’s answer works out well.


אלא לרב דאמר דכן ממש מאי איכא למימר


However, according to Rav, who said that they are actually pure, i.e., they are not susceptible to impurity, what is there to say? The mishna that is lenient with regard to uncertain naziriteship and stringent with regard to liquid of uncertain ritual status is clearly not in accordance with the opinion of Rabbi Eliezer.


אלא הא רבי יהודה והא רבי שמעון


Rather, Rabbi Zeira’s answer should be rejected, and the contradiction between the mishna here, which states that unspecified vows should be treated stringently, and the mishna in tractate Teharot, which states that uncertain naziriteship should be treated leniently, should be resolved as follows: That mishna, in Teharot, is in accordance with the opinion of Rabbi Yehuda, and this mishna is in accordance with the opinion of Rabbi Shimon.


דתניא הריני נזיר אם יש בכרי הזה מאה כור והלך ומצאו שנגנב או שאבד רבי יהודה מתיר ורבי שמעון אוסר


As it is taught in a baraita that if someone says: I am hereby a nazirite if there are in this heap of grain one hundred kor, and he went to measure the heap and found that it was stolen or that it was lost and cannot be measured, Rabbi Yehuda permits him to perform actions forbidden to a nazirite, as he holds that this uncertain naziriteship does not take effect. And Rabbi Shimon prohibits him from doing so, as he maintains that it does take effect. This indicates that Rabbi Shimon is of the opinion that uncertain naziriteship is treated stringently.


ורמי דרבי יהודה אדרבי יהודה מי אמר רבי יהודה לא מעייל איניש נפשיה לספיקא ורמינהי רבי יהודה אומר סתם תרומה ביהודה אסורה ובגליל מותרת שאין אנשי הגליל מכירין את תרומת הלשכה טעמא דאין מכירין


And the Gemara raises a contradiction between the statement of Rabbi Yehuda and another statement of Rabbi Yehuda. Did Rabbi Yehuda actually say that a person does not enter himself into a state of uncertainty, and therefore as long as the volume of the heap is unknown, naziriteship does not take effect? And the Gemara raises a contradiction from the mishna, where Rabbi Yehuda says: Unspecified teruma in Judea is forbidden but in the Galilee it is permitted, as the people of the Galilee are not familiar with the collection of the chamber. The Gemara infers: The reason it is permitted is that they are not familiar;


הא מכירין אסורין


but where they are familiar, it is forbidden, even if the person mentioned teruma without specification, and there is still uncertainty with regard to which teruma he was referring.


אמר רבא גבי כרי קסבר כל שספיקו חמור מודאי לא מעייל נפשיה לספיקא דאילו גבי נזיר ודאי מגלח ומביא קרבן ונאכל על ספיקו לא מצי מגלח


Rava said that the contradiction can be resolved as follows: With regard to the case of a vow conditioned on the volume of a heap, Rabbi Yehuda holds that wherever uncertainty is more stringent than certainty, one does not enter himself into a state of uncertainty. Uncertain naziriteship is more stringent than definite naziriteship, as while a definite nazirite has a remedy, i.e., at the end of his naziriteship he shaves his hair and brings an offering and it is eaten, one cannot shave his hair for uncertain naziriteship. He cannot bring an offering in case he is not a nazirite, which would render his offering a non-sacred animal in the Temple courtyard. Since he cannot bring an offering he may not shave.


אמר ליה רב הונא בר יהודה לרבא אמר הריני נזיר עולם מאי


Rav Huna bar Yehuda said to Rava: According to your answer, that Rabbi Yehuda holds that he is not a nazirite only because uncertain naziriteship is more stringent than definite naziriteship, if one said: If there are a hundred kor in this heap I am hereby a permanent nazirite, what is the halakha? In this case, uncertainty is apparently not more stringent than certainty, as the naziriteship will never end even if it is definite.


אמר ליה נזיר עולם נמי ספיקו חמור מודאי דאילו ודאי הכביד שערו מיקל בתער ומביא שלוש בהמות ואילו ספיקו לא


Rava said to him: Even with regard to a permanent nazirite, his uncertainty is more stringent than certainty with regard to a different halakha: As when the hair of a definite nazirite is too heavy for him he may lighten the hair with a razor and bring the three animal offerings that a nazirite brings when he has completed his term of naziriteship, before continuing to observe naziriteship; whereas in a case of uncertainty he cannot do so. Since it is not certain that he is a nazirite, he cannot bring these offerings and is therefore prohibited from shaving. Therefore, uncertainty is more stringent than certainty with regard to a permanent nazirite as well.


אמר הריני נזיר שמשון מאי


Rav Huna further asked him: If one said: If there are one hundred kor in this heap, I am hereby a nazirite like Samson (Judges, chapters 13–16), i.e., he would be like Samson, whose permanent naziriteship could not be dissolved and who had no remedy at all, even by bringing offerings, and therefore could never shave, what is the halakha? Uncertainty is definitely not more stringent than certainty in this case.


אמר ליה נזיר שמשון לא תניא אמר ליה והאמר רב אדא בר אהבה תניא נזיר שמשון אמר ליה אי תניא תניא


Rava said to him: The concept of a nazirite like Samson is not taught. It was not mentioned at all by the Sages, as the naziriteship of Samson could not have been created through a vow. It was a one-time, divine order that cannot be emulated. Rav Huna said to him: But didn’t Rav Adda bar Ahava say that the concept of a nazirite like Samson is taught in a baraita, which shows that it takes effect? Rava said to him: If this baraita is taught, it is taught, and I cannot take issue with it. Apparently, Rabbi Yehuda acknowledges that in this case even uncertain naziriteship takes effect.


רב אשי אמר ההיא רבי יהודה משום רבי טרפון היא דתניא רבי יהודה משום רבי טרפון אומר אין אחד מהם נזיר לפי שלא ניתנה נזירות אלא להפלאה


Rav Ashi said a different resolution to the contradiction between the statements of Rabbi Yehuda. That baraita, in which Rabbi Yehuda treats uncertain naziriteship leniently, is the statement of Rabbi Yehuda in the name of Rabbi Tarfon. As it is taught in a baraita: If a number of people wager on the truth of a statement, and they stipulate that whoever is correct will be a nazirite, Rabbi Yehuda says in the name of Rabbi Tarfon: None of them is a nazirite no matter who is correct, because naziriteship was given to take effect only through explicitness of intent. A vow of naziriteship takes effect only if it is taken unconditionally. Therefore, in the case of the heap, since the speaker was uncertain of its volume at the time the vow of naziriteship was taken, the vow does not take effect.


אי הכי מאי איריא שנגנב או שאבד אלא להודיעך כחו דרבי שמעון דאף על גב דנגנב או שאבד קסבר מעייל איניש נפשיה לספיקא


The Gemara asks: If so, why is it specifically stated that the heap was stolen or that it was lost? Even if it was still present and measured, the naziriteship would not have taken effect as it was conditioned and was not a clear expression. The Gemara answers: Rather, that detail was established to convey the far-reaching nature of the opinion of Rabbi Shimon, that even if it is the case that it was stolen or that it was lost and consequently cannot be measured, nevertheless he holds that a person enters himself into uncertainty, and therefore the vow takes effect.


רבי יהודה אומר סתם תרומה ביהודה כו׳ הא מכירין אסורין אלמא ספיקא לחומרא


§ It is stated in the mishna that Rabbi Yehuda says: Unspecified teruma in Judea is forbidden, but in the Galilee it is permitted, as the people of the Galilee are unfamiliar with the collection of the Temple treasury chamber. The Gemara infers: Where they are familiar with the collection of the chamber, it is forbidden. Apparently, uncertainty with regard to vows is treated stringently.


אימא סיפא סתם חרמים ביהודה מותרין ובגליל אסורין שאין אנשי הגליל מכירין את חרמי הכהנים הא מכירין מותרין אלמא ספיקא לקולא


However, say the latter clause of the mishna: Unspecified dedications in Judea are permitted, but in the Galilee they are forbidden, because the people of the Galilee are unfamiliar with dedications allotted to the priests. It may be inferred that where they are familiar with dedications allotted to the priests they are permitted, due to the uncertainty. Apparently, uncertainty with regard to vows is treated leniently.


אמר אביי סיפא רבי אלעזר ברבי צדוק היא דתניא רבי יהודה אומר סתם תרומה ביהודה אסורה רבי אלעזר ברבי צדוק אומר סתם חרמים בגליל אסורין


Abaye said: The latter clause is the opinion of Rabbi Elazar, son of Rabbi Tzadok, not of Rabbi Yehuda, as it is taught in a baraita: Rabbi Yehuda says that unspecified teruma in Judea is forbidden. Rabbi Elazar, son of Rabbi Tzadok, says that unspecified dedications in the Galilee are forbidden.

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