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Nedarim 4

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Summary

What is a case where one can be held liable for delaying a nazirite vow? Two answers were suggested in Nedarim 3b and three more suggestions are now brought. The last answer suggests that the prohibition of delaying relates to delaying the nazirite sacrifices. If this is so, why would that need to be derived from the juxtaposition (heikesh) of neder to nazir, when it could be simply derived from the laws of delaying all sacrifices, which include sin offerings (which is one of the sacrifices brought by a nazir)? Perhaps nazir is a chiddush, has unique laws, on account of which one would not be able to learn laws of nazir from laws of other sacrifices. Why would nazir be a chiddush? The Gemara brings four possibilities, two of which are rejected. One last question is asked on the braita from Nedarim 3a regarding the source for the law of annulment of nazir from a husband to a wife/father to a daughter. Shmuel has a unique way of reading the line of the Mishna relating to the details of yadot. However, the Gemara raises a question on his reading.

Nedarim 4

רַב אַחָא בַּר יַעֲקֹב אָמַר: כְּגוֹן דִּנְדַר וְהוּא בְּבֵית הַקְּבָרוֹת.

Rav Aḥa bar Ya’akov said: The prohibition against delaying applies to a nazirite in a case where one vowed to become a nazirite while he was in a cemetery. Since it is prohibited for a nazirite to be in a cemetery, his term of naziriteship does not come into effect until he leaves the cemetery and ritually purifies himself. If he delays this process, he prevents the vow from taking effect and thereby transgresses the prohibition against delaying.

הָנִיחָא לְמַאן דְּאָמַר לָא חָיְילָא עֲלֵיהּ נְזִירוּת מֵאַלְתַּר. אֶלָּא לְמַאן דְּאָמַר מֵאַלְתַּר חָיְילָא עֲלֵיהּ, מִי אִיכָּא ״בַּל תְּאַחֵר״? וְעוֹד: הָאָמַר מָר בַּר רַב אָשֵׁי: חָיְילָא נְזִירוּת עֲלֵיהּ מֵאַלְתַּר, וְכִי פְּלִיגִי — לְעִנְיַן מַלְקוֹת פְּלִיגִי!

The Gemara asks: This works out well according to the one who says that if one takes a vow of naziriteship while in a cemetery the naziriteship does not apply to him immediately. However, according to the one who said that the naziriteship applies to him immediately, is there a violation of the prohibition: You shall not delay? And furthermore, didn’t Mar bar Rav Ashi say that all agree that the naziriteship applies to him immediately and he need not repeat his vow of naziriteship when he leaves, and when they disagree it is only with regard to the matter of flogging, and it’s only about this that they disagree, i.e., whether the nazirite is flogged if he drinks wine or otherwise violates the prohibitions of a nazirite.

אֲפִילּוּ הָכִי קָם לֵיהּ בְּ״בַל תְּאַחֵר״, מִשּׁוּם דְּקָא מְאַחַר נְזִירוּת דְּטָהֳרָה. אָמַר רַב אָשֵׁי: הוֹאִיל וְכֵן, נָזִיר שֶׁטִּימֵּא עַצְמוֹ בְּמֵזִיד — עוֹבֵר מִשּׁוּם ״בַּל תְּאַחֵר״ דִּנְזִירוּת טָהֳרָה.

The Gemara answers: Even so, he is liable for violating the prohibition: You shall not delay, because by remaining in the cemetery he delays a naziriteship of ritual purity. Although the halakhot of naziriteship take effect upon him immediately, he is still obligated to fulfill a term of naziriteship in a state of ritual purity, and if he delays doing so, he violates the prohibition against delaying. Rav Ashi said: Since this is so, a nazirite who intentionally renders himself ritually impure violates the prohibition: You shall not delay, with regard to a naziriteship of ritual purity, as he thereby prevents himself from completing his naziriteship in a state of ritual purity on time.

רַב אַחָא בְּרֵיהּ דְּרַב אִיקָא אָמַר: עוֹבֵר בְּ״בַל תְּאַחֵר״ תִּגְלַחְתּוֹ.

Rav Aḥa, son of Rav Ika, stated another explanation of how the prohibition against delaying applies with regard to naziriteship: The nazirite is commanded to shave his hair at the conclusion of his term, and if he causes this shaving to be delayed, he violates the prohibition: You shall not delay, with regard to his shaving.

וְלָא מִיבַּעְיָא לְמַאן דְּאָמַר תִּגְלַחַת מְעַכֶּבֶת, אֶלָּא אֲפִילּוּ לְמַאן דְּאָמַר תִּגְלַחַת אֵינָהּ מְעַכֶּבֶת, מִצְוַת גִּילּוּחַ מִיהָא לָא מְיקַיֵּים.

The Gemara adds: And this explanation is not necessary to say, i.e., it is obvious, according to the one who says that shaving is indispensable for a nazirite and he is subject to all the prohibitions of a nazirite until he shaves, but even according to the one who says that shaving is not indispensable and the halakhot of naziriteship are terminated for him immediately after he brings his offerings, at least it can be said that he does not fulfill the mitzva of shaving until he actually shaves, and therefore if he delays, he violates the prohibition against delaying.

מָר זוּטְרָא בְּרֵיהּ דְּרַב מָרִי אָמַר: עוֹבֵר בְּ״בַל תְּאַחֵר״ קָרְבְּנוֹתָיו.

Mar Zutra, son of Rav Mari, stated another explanation of how the prohibition against delaying applies to a nazirite vow: He transgresses the prohibition: You shall not delay, with regard to his offerings. When he completes his term as a nazirite he is obligated to bring certain offerings, and if he delays bringing them, he violates this prohibition.

וּמִן הָכָא נָפְקָא לֵיהּ? מֵהָתָם נָפְקָא לֵיהּ: ״כִּי דָרֹשׁ יִדְרְשֶׁנּוּ״ — אֵלּוּ חַטָּאֹת וַאֲשָׁמוֹת!

The Gemara asks: Is this halakha, that the prohibition against delaying applies to a nazirite vow, derived from here, i.e., the juxtaposition of vows and naziriteship? It is derived from there, a different exposition based upon the verse: “When you shall take a vow…you shall not delay to pay it; for the Lord your God will surely require it of you” (Deuteronomy 23:22). Those items included in the phrase “will surely require it” are sin-offerings and guilt-offerings, including the sin-offering and guilt-offering of a nazirite.

מַהוּ דְּתֵימָא: חִידּוּשׁ הוּא שֶׁחִידְּשָׁה תּוֹרָה בְּנָזִיר.

The Gemara explains: The derivation based on the juxtaposition of vows and naziriteship is still necessary lest you say that these offerings are a novelty that the Torah innovated with regard to a nazirite and therefore their halakhot cannot be derived from halakhot of other offerings.

מַאי חִידּוּשׁ? אִילֵּימָא דְּלָא מַתְפֵּיס לַיהּ לְחַטַּאת נָזִיר בְּנֶדֶר. הֲרֵי חַטַּאת חֵלֶב, שֶׁאֵין מַתְפִּיסָהּ בְּנֶדֶר, וְעוֹבֵר בְּ״בַל תְּאַחֵר״!

The Gemara asks: What is the novelty that the Torah introduced with regard to the nazirite? If we say it is that he cannot accept upon himself the sin-offering of a nazirite through a vow, i.e., if one who is not a nazirite says: I hereby vow to bring the sin-offering of a nazirite, his vow has no validity, this is not a unique halakha with regard to sin-offerings of a nazirite. There is also the case of the sin-offering of forbidden fat, i.e., a typical sin-offering that one brings when he inadvertently violates certain prohibitions, one of which is eating forbidden fat, which one cannot accept through a vow, as only one who has violated the prohibition may bring it; and nevertheless, one still transgresses the prohibition: You shall not delay, if he delays bringing the offering.

אֶלָּא: מַאי חִידּוּשֵׁיהּ — סָלְקָא דַּעְתָּךְ אָמֵינָא: הוֹאִיל וְאִם אָמַר ״הֲרֵינִי נָזִיר״ אֲפִילּוּ מִן חַרְצָן — הָוֵי נָזִיר לַכֹּל, אֵימָא לָא לַיעֲבוֹר עֲלֵיהּ מִשּׁוּם ״בַּל תְּאַחֵר״ — קָא מַשְׁמַע לַן.

Rather, what is its novelty that makes the juxtaposition between vows and naziriteship necessary? It might enter your mind to say that since if he said: I am hereby a nazirite, even if he accepted upon himself only one of the prohibitions of a nazirite, e.g., the requirement to abstain from grape seeds, he is nevertheless a nazirite with regard to all aspects of naziriteship, therefore say that he does not transgress the prohibition: You shall not delay. Since this halakha is a novelty, perhaps the principles of vows do not apply. The verse therefore teaches us through the juxtaposition of vows and naziriteship that the prohibition against delaying applies even in this case.

הָנִיחָא לְמַאן דְּאָמַר כִּי נָזִיר מִן חַרְצָן הָוֵי נָזִיר לַכֹּל, אֶלָּא לְרַבִּי שִׁמְעוֹן דְּאָמַר אֵין נָזִיר עַד שֶׁיַּזִּיר מִכּוּלָּן — מַאי אִיכָּא לְמֵימַר? וְעוֹד: הַאי חִידּוּשׁ לְחוּמְרָא הוּא!

The Gemara asks: This works out well according to the one who said that when one vows to be a nazirite from grape seeds he is a nazirite in all respects. However, according to the opinion of Rabbi Shimon, who said that he is not a nazirite unless he explicitly vows to be a nazirite in all respects, what is there to say? And furthermore, this novelty is stringent in that it renders the individual a nazirite even if he did not explicitly accept all of the halakhot of naziriteship. How could this novelty indicate that the prohibition against delaying does not apply in this case, which is a leniency, so that the juxtaposition would be necessary?

אֶלָּא: מַאי חִידּוּשֵׁיהּ? דְּסָלְקָא דַּעְתָּךְ אָמֵינָא: הוֹאִיל

Rather, what is its novelty that makes the juxtaposition between vows and naziriteship necessary? It might enter your mind to say that since

וְאִם גִּילַּח עַל אַחַת מִשְּׁלׇשְׁתָּן — יָצָא, לָא לַיעֲבוֹר עֲלֵיהּ בְּ״בַל תְּאַחֵר״, קָא מַשְׁמַע לַן.

if he shaves upon bringing one of the three offerings that a nazirite must bring when completing his term as a nazirite, i.e., a burnt-offering, a sin-offering, and a peace-offering, he has fulfilled his obligation to shave and the restrictions of a nazirite are lifted, he therefore does not violate the prohibition: You shall not delay, for delaying the other offerings. Consequently, it teaches us that the prohibition against delaying applies to these offerings.

וְאִיבָּעֵית אֵימָא: מַאי חִדּוּשֵׁיהּ — מִשּׁוּם דְּלֹא מַתְפִּיסוֹ בְּנֶדֶר. וְהָא דְּקָא קַשְׁיָא לָךְ חַטַּאת חֵלֶב — חַטַּאת חֵלֶב קָאָתְיָא לְכַפָּרָה. חַטַּאת נָזִיר לְמַאי אָתְיָא?

And if you wish say: What is the novelty of the nazirite? The halakha of naziriteship is considered a novelty because the offerings of a nazirite cannot be accepted through a vow. And that which poses a difficulty for you based on the fact that one cannot accept upon himself a sin-offering of forbidden fat through a vow either, and nevertheless the prohibition against delaying applies, can be resolved. A sin-offering of forbidden fat comes for the purpose of atonement, and therefore if one delays bringing it he violates the prohibition against delaying. However, for what does the sin-offering of a nazirite come? Since it does not come to atone for a sin, one might have thought that the prohibition against delaying does not apply.

וַהֲרֵי חַטַּאת יוֹלֶדֶת דְּלָא אָתְיָא לְכַפָּרָה, וְעָבַר עֲלַהּ מִשּׁוּם ״בַּל תְּאַחֵר״! הָהִיא — קָא שָׁרְיָא לַהּ לְמֵיכַל בְּקָדָשִׁים.

The Gemara asks: But there is the precedent of the sin-offering of a woman who gave birth, which also does not come for the purpose of atonement, and yet if she does not bring the offering on time she still transgresses due to the prohibition: You shall not delay. The Gemara answers: That sin-offering of a woman who gave birth permits the woman to eat consecrated food. Although it does not come to effect atonement, it does come to permit a matter. On the other hand, the sin-offering of a nazirite does not permit anything, and therefore the fact that one cannot accept upon himself an obligation to bring this offering is a novelty. Consequently, it was necessary for there to be a separate source to indicate that one is liable for violating the prohibition against delaying in the case of this offering.

אָמַר מָר: וּמָה נְדָרִים, הָאָב מֵיפֵר נִדְרֵי בִתּוֹ וּבַעַל מֵיפֵר נִדְרֵי אִשְׁתּוֹ — אַף נְזִירוּת, הָאָב מֵיפֵר נְזִירוּת בִּתּוֹ וּבַעַל מֵיפֵר נְזִירוּת אִשְׁתּוֹ. לְמָה לִי הֶיקֵּשָׁא? תֵּיתֵי בְּ״מָה מָצִינוּ״ מִנְּדָרִים!

§ The Master said in the baraita cited above: Just as with regard to vows, a father may nullify the vows of his daughter and a husband may nullify the vows of his wife, so too, with regard to nazirite vows, a father may nullify the nazirite vows of his daughter and a husband may nullify the nazirite vows of his wife. The Gemara asks: Why do I need the juxtaposition in the verse to teach us this halakha? Let this halakha come through the method of analogy known as: What do we find, from the halakha with regard to vows. In other words, the halakha in the case of regular vows should serve as a legal precedent that can be applied to nazirite vows even without a biblical juxtaposition.

דִּילְמָא גַּבֵּי נְדָרִים הוּא דְּמֵיפַר, מִשּׁוּם דְּלָא אִית לֵיהּ קִיצּוּתָא. אֲבָל גַּבֵּי נְזִירוּת דְּאִית לֵיהּ קִיצּוּתָא, דִּסְתַם נְזִירוּת שְׁלֹשִׁים יוֹם, אֵימָא לָא — קָא מַשְׁמַע לַן.

The Gemara responds: If not for the juxtaposition, one might have said that perhaps it is only with regard to vows that he may nullify her statements because there is no time limit with regard to vows, but with regard to naziriteship, which has a time limit, as unspecified naziriteship is for thirty days, one might say no, he may not nullify her vows. Therefore, it teaches us through juxtaposition that he may nevertheless nullify her vows.

הָאוֹמֵר לַחֲבֵירוֹ מוּדָּר אֲנִי וְכוּ׳. אָמַר שְׁמוּאֵל: בְּכוּלָּן עַד שֶׁיֹּאמַר, ״שֶׁאֲנִי אוֹכֵל לָךְ״, ״שֶׁאֲנִי טוֹעֵם לָךְ״.

§ It is taught in the mishna with regard to one who says to his fellow: I am avowed from you, or another intimation of a vow, that the vow takes effect. Shmuel said: In all these cases, the vow does not take effect until he says: I am avowed from you with regard to that which I eat of yours, or: That which I taste of yours. Without this addition, the statement: I am avowed from you, is not considered even an intimation of a vow.

מֵיתִיבִי: ״מוּדָּר אֲנִי מִמָּךְ״ ״מוּפְרְשַׁנִי מִמָּךְ״ ״מְרוּחָקֵנִי מִמָּךְ״ — הֲרֵי זֶה אָסוּר. ״שֶׁאֲנִי אוֹכֵל לָךְ״ ״שֶׁאֲנִי טוֹעֵם לָךְ״ — הֲרֵי זֶה אָסוּר! הָכִי קָתָנֵי: בַּמֶּה דְּבָרִים אֲמוּרִים — בְּאוֹמֵר: ״שֶׁאֲנִי אוֹכֵל לָךְ״ ״שֶׁאֲנִי טוֹעֵם לָךְ״.

The Gemara raises an objection based on the following baraita: If one says: I am avowed from you, or: I am separated from you, or: I am distanced from you, he is prohibited from benefiting from that individual. If he says: That which I eat of yours, or: That which I taste of yours, he is prohibited from eating or tasting that individual’s food. This indicates that the phrases mentioned in the first clause of the baraita take effect as vows even if he does not add the phrases mentioned in the latter clause. The Gemara answers: This is what the baraita is teaching: In what case is this statement said i.e., if one says: I am avowed from you, or the like, the vow takes effect? It is in a case of one who says: That which I eat of yours, or: That which I taste of yours.

וְהָתַנְיָא אִיפְּכָא: ״שֶׁאֲנִי אוֹכֵל לָךְ״, ״שֶׁאֲנִי טוֹעֵם לָךְ״ — אָסוּר, ״מוּדְּרַנִי מִמָּךְ״ וּ״מוּפְרְשַׁנִי מִמָּךְ״ ״מְרוּחֲקַנִי מִמָּךְ״ — הֲרֵי זֶה אָסוּר! תָּנֵי הָכִי: ״וּכְבָר אָמַר מוּדְּרַנִי״.

The Gemara asks: But isn’t it taught in a baraita in the opposite order? If one says: That which I eat of yours, or: That which I taste of yours, he is prohibited from eating or tasting that individual’s food, i.e., the vow takes effect. If he says: I am avowed from you, or: I am separated from you, or: I am distanced from you, he is likewise prohibited. In this case, the baraita cannot be interpreted as explained above, and it appears that if one said: I am avowed from you, the vow takes effect even if he did not say: I am avowed from you with regard to that which I taste of yours. The Gemara answers: Teach the baraita as follows: The vow takes effect in the cases mentioned in the first clause when he already said: I am avowed.

אִי הָכִי, הַיְינוּ רֵישָׁא! וְעוֹד: ״אָסוּר״ ״אָסוּר״ לְמָה לֵיהּ לְמִתְנֵי?

The Gemara asks: If so, this is the same as the first baraita cited above. And furthermore, if the vow takes effect only if he combined the statements mentioned in the first and latter clauses of the baraita, why does the baraita teach that he is prohibited in the first clause of the baraita and then repeat that he is prohibited in the second clause of the baraita? The repetition of this ruling indicates that these are two separate cases.

אֶלָּא, אָמַר שְׁמוּאֵל: טַעְמָא דְּאָמַר ״שֶׁאֲנִי אוֹכֵל לָךְ״ ״שֶׁאֲנִי טוֹעֵם לָךְ״, הוּא דְּאָסוּר וַחֲבֵירוֹ מוּתָּר.

Rather, Shmuel actually said as follows: The reason is that he said: I am avowed from you with regard to that which I eat of yours, or with regard to that which I taste of yours; it is for this reason that he is prohibited from benefiting from his fellow, and his fellow is permitted to benefit from him, as this formulation indicates that he is applying his vow only to himself.

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Neve Daniel, Israel

I’ve been learning since January 2020, and in June I started drawing a phrase from each daf. Sometimes it’s easy (e.g. plants), sometimes it’s very hard (e.g. korbanot), and sometimes it’s loads of fun (e.g. bird racing) to find something to draw. I upload my pictures from each masechet to #DafYomiArt. I am enjoying every step of the journey.

Gila Loike
Gila Loike

Ashdod, Israel

When I started studying Hebrew at Brown University’s Hillel, I had no idea that almost 38 years later, I’m doing Daf Yomi. My Shabbat haburah is led by Rabbanit Leah Sarna. The women are a hoot. I’m tracking the completion of each tractate by reading Ilana Kurshan’s memoir, If All the Seas Were Ink.

Hannah Lee
Hannah Lee

Pennsylvania, United States

Years ago, I attended the local Siyum HaShas with my high school class. It was inspiring! Through that cycle and the next one, I studied masekhtot on my own and then did “daf yomi practice.” The amazing Hadran Siyum HaShas event firmed my resolve to “really do” Daf Yomi this time. It has become a family goal. We’ve supported each other through challenges, and now we’re at the Siyum of Seder Moed!

Elisheva Brauner
Elisheva Brauner

Jerusalem, Israel

After reading the book, “ If All The Seas Were Ink “ by Ileana Kurshan I started studying Talmud. I searched and studied with several teachers until I found Michelle Farber. I have been studying with her for two years. I look forward every day to learn from her.

Janine Rubens
Janine Rubens

Virginia, United States

I began Daf Yomi with the last cycle. I was inspired by the Hadran Siyum in Yerushalayim to continue with this cycle. I have learned Daf Yomi with Rabanit Michelle in over 25 countries on 6 continents ( missing Australia)

Barbara-Goldschlag
Barbara Goldschlag

Silver Spring, MD, United States

I start learning Daf Yomi in January 2020. The daily learning with Rabbanit Michelle has kept me grounded in this very uncertain time. Despite everything going on – the Pandemic, my personal life, climate change, war, etc… I know I can count on Hadran’s podcast to bring a smile to my face.
Deb Engel
Deb Engel

Los Angeles, United States

I started learning daf in January, 2020, being inspired by watching the Siyyum Hashas in Binyanei Haumah. I wasn’t sure I would be able to keep up with the task. When I went to school, Gemara was not an option. Fast forward to March, 2022, and each day starts with the daf. The challenge is now learning the intricacies of delving into the actual learning. Hadran community, thank you!

Rochel Cheifetz
Rochel Cheifetz

Riverdale, NY, United States

A friend mentioned that she was starting Daf Yomi in January 2020. I had heard of it and thought, why not? I decided to try it – go day by day and not think about the seven plus year commitment. Fast forward today, over two years in and I can’t imagine my life without Daf Yomi. It’s part of my morning ritual. If I have a busy day ahead of me I set my alarm to get up early to finish the day’s daf
Debbie Fitzerman
Debbie Fitzerman

Ontario, Canada

It happened without intent (so am I yotzei?!) – I watched the women’s siyum live and was so moved by it that the next morning, I tuned in to Rabbanit Michelle’s shiur, and here I am, still learning every day, over 2 years later. Some days it all goes over my head, but others I grasp onto an idea or a story, and I ‘get it’ and that’s the best feeling in the world. So proud to be a Hadran learner.

Jeanne Yael Klempner
Jeanne Yael Klempner

Zichron Yaakov, Israel

I began my Daf Yomi journey on January 5, 2020. I had never learned Talmud before. Initially it struck me as a bunch of inane and arcane details with mind bending logic. I am now smitten. Rabbanit Farber brings the page to life and I am eager to learn with her every day!

Lori Stark
Lori Stark

Highland Park, United States

In early 2020, I began the process of a stem cell transplant. The required extreme isolation forced me to leave work and normal life but gave me time to delve into Jewish text study. I did not feel isolated. I began Daf Yomi at the start of this cycle, with family members joining me online from my hospital room. I’ve used my newly granted time to to engage, grow and connect through this learning.

Reena Slovin
Reena Slovin

Worcester, United States

My husband learns Daf, my son learns Daf, my son-in-law learns Daf.
When I read about Hadran’s Siyyum HaShas 2 years ago, I thought- I can learn Daf too!
I had learned Gemara in Hillel HS in NJ, & I remembered loving it.
Rabbanit Michelle & Hadran have opened my eyes & expanding my learning so much in the past few years. We can now discuss Gemara as a family.
This was a life saver during Covid

Renee Braha
Renee Braha

Brooklyn, NY, United States

I began to learn this cycle of Daf Yomi after my husband passed away 2 1/2 years ago. It seemed a good way to connect to him. Even though I don’t know whether he would have encouraged women learning Gemara, it would have opened wonderful conversations. It also gives me more depth for understanding my frum children and grandchildren. Thank you Hadran and Rabbanit Michelle Farber!!

Harriet Hartman
Harriet Hartman

Tzur Hadassah, Israel

I started my Daf Yomi journey at the beginning of the COVID19 pandemic.

Karena Perry
Karena Perry

Los Angeles, United States

With Rabbanit Dr. Naomi Cohen in the Women’s Talmud class, over 30 years ago. It was a “known” class and it was accepted, because of who taught. Since then I have also studied with Avigail Gross-Gelman and Dr. Gabriel Hazut for about a year). Years ago, in a shiur in my shul, I did know about Persians doing 3 things with their clothes on. They opened the shiur to woman after that!

Sharon Mink
Sharon Mink

Haifa, Israel

As Jewish educator and as a woman, I’m mindful that Talmud has been kept from women for many centuries. Now that we are privileged to learn, and learning is so accessible, it’s my intent to complete Daf Yomi. I am so excited to keep learning with my Hadran community.

Sue Parker Gerson
Sue Parker Gerson

Denver, United States

I started learning at the start of this cycle, and quickly fell in love. It has become such an important part of my day, enriching every part of my life.

Naomi Niederhoffer
Naomi Niederhoffer

Toronto, Canada

In January 2020, my teaching partner at IDC suggested we do daf yomi. Thanks to her challenge, I started learning daily from Rabbanit Michelle. It’s a joy to be part of the Hadran community. (It’s also a tikkun: in 7th grade, my best friend and I tied for first place in a citywide gemara exam, but we weren’t invited to the celebration because girls weren’t supposed to be learning gemara).

Sara-Averick-photo-scaled
Sara Averick

Jerusalem, Israel

Nedarim 4

רַב אַחָא בַּר יַעֲקֹב אָמַר: כְּגוֹן דִּנְדַר וְהוּא בְּבֵית הַקְּבָרוֹת.

Rav Aḥa bar Ya’akov said: The prohibition against delaying applies to a nazirite in a case where one vowed to become a nazirite while he was in a cemetery. Since it is prohibited for a nazirite to be in a cemetery, his term of naziriteship does not come into effect until he leaves the cemetery and ritually purifies himself. If he delays this process, he prevents the vow from taking effect and thereby transgresses the prohibition against delaying.

הָנִיחָא לְמַאן דְּאָמַר לָא חָיְילָא עֲלֵיהּ נְזִירוּת מֵאַלְתַּר. אֶלָּא לְמַאן דְּאָמַר מֵאַלְתַּר חָיְילָא עֲלֵיהּ, מִי אִיכָּא ״בַּל תְּאַחֵר״? וְעוֹד: הָאָמַר מָר בַּר רַב אָשֵׁי: חָיְילָא נְזִירוּת עֲלֵיהּ מֵאַלְתַּר, וְכִי פְּלִיגִי — לְעִנְיַן מַלְקוֹת פְּלִיגִי!

The Gemara asks: This works out well according to the one who says that if one takes a vow of naziriteship while in a cemetery the naziriteship does not apply to him immediately. However, according to the one who said that the naziriteship applies to him immediately, is there a violation of the prohibition: You shall not delay? And furthermore, didn’t Mar bar Rav Ashi say that all agree that the naziriteship applies to him immediately and he need not repeat his vow of naziriteship when he leaves, and when they disagree it is only with regard to the matter of flogging, and it’s only about this that they disagree, i.e., whether the nazirite is flogged if he drinks wine or otherwise violates the prohibitions of a nazirite.

אֲפִילּוּ הָכִי קָם לֵיהּ בְּ״בַל תְּאַחֵר״, מִשּׁוּם דְּקָא מְאַחַר נְזִירוּת דְּטָהֳרָה. אָמַר רַב אָשֵׁי: הוֹאִיל וְכֵן, נָזִיר שֶׁטִּימֵּא עַצְמוֹ בְּמֵזִיד — עוֹבֵר מִשּׁוּם ״בַּל תְּאַחֵר״ דִּנְזִירוּת טָהֳרָה.

The Gemara answers: Even so, he is liable for violating the prohibition: You shall not delay, because by remaining in the cemetery he delays a naziriteship of ritual purity. Although the halakhot of naziriteship take effect upon him immediately, he is still obligated to fulfill a term of naziriteship in a state of ritual purity, and if he delays doing so, he violates the prohibition against delaying. Rav Ashi said: Since this is so, a nazirite who intentionally renders himself ritually impure violates the prohibition: You shall not delay, with regard to a naziriteship of ritual purity, as he thereby prevents himself from completing his naziriteship in a state of ritual purity on time.

רַב אַחָא בְּרֵיהּ דְּרַב אִיקָא אָמַר: עוֹבֵר בְּ״בַל תְּאַחֵר״ תִּגְלַחְתּוֹ.

Rav Aḥa, son of Rav Ika, stated another explanation of how the prohibition against delaying applies with regard to naziriteship: The nazirite is commanded to shave his hair at the conclusion of his term, and if he causes this shaving to be delayed, he violates the prohibition: You shall not delay, with regard to his shaving.

וְלָא מִיבַּעְיָא לְמַאן דְּאָמַר תִּגְלַחַת מְעַכֶּבֶת, אֶלָּא אֲפִילּוּ לְמַאן דְּאָמַר תִּגְלַחַת אֵינָהּ מְעַכֶּבֶת, מִצְוַת גִּילּוּחַ מִיהָא לָא מְיקַיֵּים.

The Gemara adds: And this explanation is not necessary to say, i.e., it is obvious, according to the one who says that shaving is indispensable for a nazirite and he is subject to all the prohibitions of a nazirite until he shaves, but even according to the one who says that shaving is not indispensable and the halakhot of naziriteship are terminated for him immediately after he brings his offerings, at least it can be said that he does not fulfill the mitzva of shaving until he actually shaves, and therefore if he delays, he violates the prohibition against delaying.

מָר זוּטְרָא בְּרֵיהּ דְּרַב מָרִי אָמַר: עוֹבֵר בְּ״בַל תְּאַחֵר״ קָרְבְּנוֹתָיו.

Mar Zutra, son of Rav Mari, stated another explanation of how the prohibition against delaying applies to a nazirite vow: He transgresses the prohibition: You shall not delay, with regard to his offerings. When he completes his term as a nazirite he is obligated to bring certain offerings, and if he delays bringing them, he violates this prohibition.

וּמִן הָכָא נָפְקָא לֵיהּ? מֵהָתָם נָפְקָא לֵיהּ: ״כִּי דָרֹשׁ יִדְרְשֶׁנּוּ״ — אֵלּוּ חַטָּאֹת וַאֲשָׁמוֹת!

The Gemara asks: Is this halakha, that the prohibition against delaying applies to a nazirite vow, derived from here, i.e., the juxtaposition of vows and naziriteship? It is derived from there, a different exposition based upon the verse: “When you shall take a vow…you shall not delay to pay it; for the Lord your God will surely require it of you” (Deuteronomy 23:22). Those items included in the phrase “will surely require it” are sin-offerings and guilt-offerings, including the sin-offering and guilt-offering of a nazirite.

מַהוּ דְּתֵימָא: חִידּוּשׁ הוּא שֶׁחִידְּשָׁה תּוֹרָה בְּנָזִיר.

The Gemara explains: The derivation based on the juxtaposition of vows and naziriteship is still necessary lest you say that these offerings are a novelty that the Torah innovated with regard to a nazirite and therefore their halakhot cannot be derived from halakhot of other offerings.

מַאי חִידּוּשׁ? אִילֵּימָא דְּלָא מַתְפֵּיס לַיהּ לְחַטַּאת נָזִיר בְּנֶדֶר. הֲרֵי חַטַּאת חֵלֶב, שֶׁאֵין מַתְפִּיסָהּ בְּנֶדֶר, וְעוֹבֵר בְּ״בַל תְּאַחֵר״!

The Gemara asks: What is the novelty that the Torah introduced with regard to the nazirite? If we say it is that he cannot accept upon himself the sin-offering of a nazirite through a vow, i.e., if one who is not a nazirite says: I hereby vow to bring the sin-offering of a nazirite, his vow has no validity, this is not a unique halakha with regard to sin-offerings of a nazirite. There is also the case of the sin-offering of forbidden fat, i.e., a typical sin-offering that one brings when he inadvertently violates certain prohibitions, one of which is eating forbidden fat, which one cannot accept through a vow, as only one who has violated the prohibition may bring it; and nevertheless, one still transgresses the prohibition: You shall not delay, if he delays bringing the offering.

אֶלָּא: מַאי חִידּוּשֵׁיהּ — סָלְקָא דַּעְתָּךְ אָמֵינָא: הוֹאִיל וְאִם אָמַר ״הֲרֵינִי נָזִיר״ אֲפִילּוּ מִן חַרְצָן — הָוֵי נָזִיר לַכֹּל, אֵימָא לָא לַיעֲבוֹר עֲלֵיהּ מִשּׁוּם ״בַּל תְּאַחֵר״ — קָא מַשְׁמַע לַן.

Rather, what is its novelty that makes the juxtaposition between vows and naziriteship necessary? It might enter your mind to say that since if he said: I am hereby a nazirite, even if he accepted upon himself only one of the prohibitions of a nazirite, e.g., the requirement to abstain from grape seeds, he is nevertheless a nazirite with regard to all aspects of naziriteship, therefore say that he does not transgress the prohibition: You shall not delay. Since this halakha is a novelty, perhaps the principles of vows do not apply. The verse therefore teaches us through the juxtaposition of vows and naziriteship that the prohibition against delaying applies even in this case.

הָנִיחָא לְמַאן דְּאָמַר כִּי נָזִיר מִן חַרְצָן הָוֵי נָזִיר לַכֹּל, אֶלָּא לְרַבִּי שִׁמְעוֹן דְּאָמַר אֵין נָזִיר עַד שֶׁיַּזִּיר מִכּוּלָּן — מַאי אִיכָּא לְמֵימַר? וְעוֹד: הַאי חִידּוּשׁ לְחוּמְרָא הוּא!

The Gemara asks: This works out well according to the one who said that when one vows to be a nazirite from grape seeds he is a nazirite in all respects. However, according to the opinion of Rabbi Shimon, who said that he is not a nazirite unless he explicitly vows to be a nazirite in all respects, what is there to say? And furthermore, this novelty is stringent in that it renders the individual a nazirite even if he did not explicitly accept all of the halakhot of naziriteship. How could this novelty indicate that the prohibition against delaying does not apply in this case, which is a leniency, so that the juxtaposition would be necessary?

אֶלָּא: מַאי חִידּוּשֵׁיהּ? דְּסָלְקָא דַּעְתָּךְ אָמֵינָא: הוֹאִיל

Rather, what is its novelty that makes the juxtaposition between vows and naziriteship necessary? It might enter your mind to say that since

וְאִם גִּילַּח עַל אַחַת מִשְּׁלׇשְׁתָּן — יָצָא, לָא לַיעֲבוֹר עֲלֵיהּ בְּ״בַל תְּאַחֵר״, קָא מַשְׁמַע לַן.

if he shaves upon bringing one of the three offerings that a nazirite must bring when completing his term as a nazirite, i.e., a burnt-offering, a sin-offering, and a peace-offering, he has fulfilled his obligation to shave and the restrictions of a nazirite are lifted, he therefore does not violate the prohibition: You shall not delay, for delaying the other offerings. Consequently, it teaches us that the prohibition against delaying applies to these offerings.

וְאִיבָּעֵית אֵימָא: מַאי חִדּוּשֵׁיהּ — מִשּׁוּם דְּלֹא מַתְפִּיסוֹ בְּנֶדֶר. וְהָא דְּקָא קַשְׁיָא לָךְ חַטַּאת חֵלֶב — חַטַּאת חֵלֶב קָאָתְיָא לְכַפָּרָה. חַטַּאת נָזִיר לְמַאי אָתְיָא?

And if you wish say: What is the novelty of the nazirite? The halakha of naziriteship is considered a novelty because the offerings of a nazirite cannot be accepted through a vow. And that which poses a difficulty for you based on the fact that one cannot accept upon himself a sin-offering of forbidden fat through a vow either, and nevertheless the prohibition against delaying applies, can be resolved. A sin-offering of forbidden fat comes for the purpose of atonement, and therefore if one delays bringing it he violates the prohibition against delaying. However, for what does the sin-offering of a nazirite come? Since it does not come to atone for a sin, one might have thought that the prohibition against delaying does not apply.

וַהֲרֵי חַטַּאת יוֹלֶדֶת דְּלָא אָתְיָא לְכַפָּרָה, וְעָבַר עֲלַהּ מִשּׁוּם ״בַּל תְּאַחֵר״! הָהִיא — קָא שָׁרְיָא לַהּ לְמֵיכַל בְּקָדָשִׁים.

The Gemara asks: But there is the precedent of the sin-offering of a woman who gave birth, which also does not come for the purpose of atonement, and yet if she does not bring the offering on time she still transgresses due to the prohibition: You shall not delay. The Gemara answers: That sin-offering of a woman who gave birth permits the woman to eat consecrated food. Although it does not come to effect atonement, it does come to permit a matter. On the other hand, the sin-offering of a nazirite does not permit anything, and therefore the fact that one cannot accept upon himself an obligation to bring this offering is a novelty. Consequently, it was necessary for there to be a separate source to indicate that one is liable for violating the prohibition against delaying in the case of this offering.

אָמַר מָר: וּמָה נְדָרִים, הָאָב מֵיפֵר נִדְרֵי בִתּוֹ וּבַעַל מֵיפֵר נִדְרֵי אִשְׁתּוֹ — אַף נְזִירוּת, הָאָב מֵיפֵר נְזִירוּת בִּתּוֹ וּבַעַל מֵיפֵר נְזִירוּת אִשְׁתּוֹ. לְמָה לִי הֶיקֵּשָׁא? תֵּיתֵי בְּ״מָה מָצִינוּ״ מִנְּדָרִים!

§ The Master said in the baraita cited above: Just as with regard to vows, a father may nullify the vows of his daughter and a husband may nullify the vows of his wife, so too, with regard to nazirite vows, a father may nullify the nazirite vows of his daughter and a husband may nullify the nazirite vows of his wife. The Gemara asks: Why do I need the juxtaposition in the verse to teach us this halakha? Let this halakha come through the method of analogy known as: What do we find, from the halakha with regard to vows. In other words, the halakha in the case of regular vows should serve as a legal precedent that can be applied to nazirite vows even without a biblical juxtaposition.

דִּילְמָא גַּבֵּי נְדָרִים הוּא דְּמֵיפַר, מִשּׁוּם דְּלָא אִית לֵיהּ קִיצּוּתָא. אֲבָל גַּבֵּי נְזִירוּת דְּאִית לֵיהּ קִיצּוּתָא, דִּסְתַם נְזִירוּת שְׁלֹשִׁים יוֹם, אֵימָא לָא — קָא מַשְׁמַע לַן.

The Gemara responds: If not for the juxtaposition, one might have said that perhaps it is only with regard to vows that he may nullify her statements because there is no time limit with regard to vows, but with regard to naziriteship, which has a time limit, as unspecified naziriteship is for thirty days, one might say no, he may not nullify her vows. Therefore, it teaches us through juxtaposition that he may nevertheless nullify her vows.

הָאוֹמֵר לַחֲבֵירוֹ מוּדָּר אֲנִי וְכוּ׳. אָמַר שְׁמוּאֵל: בְּכוּלָּן עַד שֶׁיֹּאמַר, ״שֶׁאֲנִי אוֹכֵל לָךְ״, ״שֶׁאֲנִי טוֹעֵם לָךְ״.

§ It is taught in the mishna with regard to one who says to his fellow: I am avowed from you, or another intimation of a vow, that the vow takes effect. Shmuel said: In all these cases, the vow does not take effect until he says: I am avowed from you with regard to that which I eat of yours, or: That which I taste of yours. Without this addition, the statement: I am avowed from you, is not considered even an intimation of a vow.

מֵיתִיבִי: ״מוּדָּר אֲנִי מִמָּךְ״ ״מוּפְרְשַׁנִי מִמָּךְ״ ״מְרוּחָקֵנִי מִמָּךְ״ — הֲרֵי זֶה אָסוּר. ״שֶׁאֲנִי אוֹכֵל לָךְ״ ״שֶׁאֲנִי טוֹעֵם לָךְ״ — הֲרֵי זֶה אָסוּר! הָכִי קָתָנֵי: בַּמֶּה דְּבָרִים אֲמוּרִים — בְּאוֹמֵר: ״שֶׁאֲנִי אוֹכֵל לָךְ״ ״שֶׁאֲנִי טוֹעֵם לָךְ״.

The Gemara raises an objection based on the following baraita: If one says: I am avowed from you, or: I am separated from you, or: I am distanced from you, he is prohibited from benefiting from that individual. If he says: That which I eat of yours, or: That which I taste of yours, he is prohibited from eating or tasting that individual’s food. This indicates that the phrases mentioned in the first clause of the baraita take effect as vows even if he does not add the phrases mentioned in the latter clause. The Gemara answers: This is what the baraita is teaching: In what case is this statement said i.e., if one says: I am avowed from you, or the like, the vow takes effect? It is in a case of one who says: That which I eat of yours, or: That which I taste of yours.

וְהָתַנְיָא אִיפְּכָא: ״שֶׁאֲנִי אוֹכֵל לָךְ״, ״שֶׁאֲנִי טוֹעֵם לָךְ״ — אָסוּר, ״מוּדְּרַנִי מִמָּךְ״ וּ״מוּפְרְשַׁנִי מִמָּךְ״ ״מְרוּחֲקַנִי מִמָּךְ״ — הֲרֵי זֶה אָסוּר! תָּנֵי הָכִי: ״וּכְבָר אָמַר מוּדְּרַנִי״.

The Gemara asks: But isn’t it taught in a baraita in the opposite order? If one says: That which I eat of yours, or: That which I taste of yours, he is prohibited from eating or tasting that individual’s food, i.e., the vow takes effect. If he says: I am avowed from you, or: I am separated from you, or: I am distanced from you, he is likewise prohibited. In this case, the baraita cannot be interpreted as explained above, and it appears that if one said: I am avowed from you, the vow takes effect even if he did not say: I am avowed from you with regard to that which I taste of yours. The Gemara answers: Teach the baraita as follows: The vow takes effect in the cases mentioned in the first clause when he already said: I am avowed.

אִי הָכִי, הַיְינוּ רֵישָׁא! וְעוֹד: ״אָסוּר״ ״אָסוּר״ לְמָה לֵיהּ לְמִתְנֵי?

The Gemara asks: If so, this is the same as the first baraita cited above. And furthermore, if the vow takes effect only if he combined the statements mentioned in the first and latter clauses of the baraita, why does the baraita teach that he is prohibited in the first clause of the baraita and then repeat that he is prohibited in the second clause of the baraita? The repetition of this ruling indicates that these are two separate cases.

אֶלָּא, אָמַר שְׁמוּאֵל: טַעְמָא דְּאָמַר ״שֶׁאֲנִי אוֹכֵל לָךְ״ ״שֶׁאֲנִי טוֹעֵם לָךְ״, הוּא דְּאָסוּר וַחֲבֵירוֹ מוּתָּר.

Rather, Shmuel actually said as follows: The reason is that he said: I am avowed from you with regard to that which I eat of yours, or with regard to that which I taste of yours; it is for this reason that he is prohibited from benefiting from his fellow, and his fellow is permitted to benefit from him, as this formulation indicates that he is applying his vow only to himself.

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