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Rambam - 1 Chapter a Day

Nezirut - Chapter 9

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Nezirut - Chapter 9

1The following rules apply when a person sets aside money for the sacrifices of nazirites,1 those sacrifices were offered, and there is money left over. He should bring sacrifices of other nazirites with those funds,2 for the remainder of money set aside for nazirite offerings should be used for nazirite offerings.3אהַמַּפְרִישׁ מָעוֹת שֶׁיַּקְרִיב מֵהֶן קָרְבְּנוֹת נְזִירִים, וְהִקְרִיב מֵהֶן וְהוֹתִירוּ - יָבִיא בְּמוֹתָרָן קָרְבְּנוֹת נְזִירִים אֲחֵרִים, שֶׁמּוֹתַר נְזִירִים, לַנְּזִירִים.
If one set aside money for his own nazirite offering without specifying for which sacrifice it should be used4 and money was left over, the remaining funds should be used for freewill offerings.5 הִפְרִישׁ מָעוֹת סְתוּמִין לִנְזִירוּתוֹ, וְהוֹתִירוּ - יִפְּלוּ הַמּוֹתָרִין לִנְדָבָה.
2When a person set aside money that was designated for specific purposes for his nazirite offering and money was left over, the remainder of the funds set aside for the burnt offering should be used for a burnt offering. The remainder of the funds set aside for the sin offering should be brought to the Dead Sea.6בהִפְרִישׁ מָעוֹת מְפֹרָשִׁין לִנְזִירוּתוֹ, וְהוֹתִירוּ - מוֹתַר מָעוֹת הָעוֹלָה יָבוֹאוּ עוֹלָה, וּמוֹתַר הַחַטָּאת יֵלְכוּ לְיָם הַמֶּלַח.
The remainder of the funds set aside for the peace offering should be used for a peace offering. There is no need that the offering be accompanied by bread.7 It is eaten for one day.8 וּמוֹתַר דְּמֵי הַשְּׁלָמִים יָבוֹאוּ שְׁלָמִים. וְאֵין טְעוּנִין לֶחֶם, וְנֶאֱכָלִין לְיוֹם אֶחָד.
3The following rules apply when a person set aside money for sacrifices for his nazirite vow and died. If the money was not designated for specific sacrifices, it should be used for freewill offerings.9גהַמַּפְרִישׁ מָעוֹת לִנְזִירוּתוֹ וָמֵת: אִם הָיוּ סְתוּמִין, יִפְּלוּ לִנְדָבָה.
If the money had been designated for specific sacrifices, the funds set aside for the burnt offering should be used for a burnt offering. The funds set aside for the sin offering should be brought to the Dead Sea.10 The funds set aside for the peace offering should be used for a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.הָיוּ מְפֹרָשִׁין - דְּמֵי עוֹלָה עוֹלָה, דְּמֵי חַטָּאת יֵלְכוּ לְיָם הַמֶּלַח, דְּמֵי שְׁלָמִים יָבוֹאוּ שְׁלָמִים. וְנֶאֱכָלִין לְיוֹם אֶחָד, וְאֵין טְעוּנִין לֶחֶם.
4What is meant by money not designated for specific sacrifices? For example, a nazirite set aside money to use to bring his sacrifices and did not say anything. If, however, he said: “This is for my obligation,” it is as if they have been designated for a specific purpose.11 Needless to say, that if he says: “This money is for my burnt offering, sin offering, and peace offering,” the money is considered as set aside for a specific purpose.דכֵּיצַד הֵם הַמָּעוֹת הַסְּתוּמִין? כְּגוֹן שֶׁהִפְרִישׁ מָעוֹת לְהָבִיא מֵהֶן קָרְבְּנוֹתָיו, וְלֹא אָמַר כְּלוּם. אֲבָל אִם אָמַר 'אֵלּוּ לְחוֹבָתִי,' הֲרֵי אֵלּוּ כִּמְפֹרָשִׁין וְאֵין צָרִיךְ לוֹמַר, אִם אָמַר 'אֵלּוּ לְעוֹלָתִי וּלְחַטָּאתִי וְלִשְׁלָמַי', שֶׁהֵן כִּמְפֹרָשִׁין.
5When a person sets aside an animal with a blemish12 for his sacrifice, it is as if he set aside money without designating it for a specific purpose.13 Similarly, if he set aside a slab of silver or of gold or a utensil, it is as if he set aside money without designating it for a specific purpose. This applies even if he said: “This is for my burnt offering, sin offering, and peace offering.”ההַמַּפְרִישׁ בְּהֵמָה בַּעֲלַת מוּם, הֲרֵי הִיא כְּמָעוֹת סְתוּמִין. וְכֵן הַמַּפְרִישׁ לָשׁוֹן שֶׁל כֶסֶף וְזָהָב, אוֹ כְּלִי - אַף עַל פִּי שֶׁאָמַר 'שֶׁזּוֹ לְעוֹלָתִי וּלְחַטָּאתִי וְלִשְׁלָמַי', הֲרֵי הוּא כְּמָעוֹת סְתוּמִין.
6When a person says: “These funds are for my sin offering and the remainder is for my nazirite offering” and dies or a woman made such statements and then her husband nullified her nazirite vow,14 the money for the sin offering should be brought to the Dead Sea. Half of the remainder of the money should be used for a burnt offering and half for a sin offering.והָאוֹמֵר 'אֵלּוּ לְחַטָּאתִי וְהַשְּׁאָר לִנְזִירוּתִי', וּמֵת, אוֹ שֶׁהָיְתָה אִשָּׁה, וְהֵפֵר לָהּ בַּעְלָהּ - דְּמֵי חַטָּאת יֵלְכוּ לְיָם הַמֶּלַח, וְהַשְּׁאָר יָבִיא בְחֶצְיָן עוֹלָה וּבְחֶצְיָן שְׁלָמִים.
7If he says: “These funds are for my burnt offering and the remainder is for my nazirite offering” and dies, the money for the burnt offering should be used for a burnt offering and the remainder should be used for freewill offerings.15 זאָמַר 'אֵלּוּ לְעוֹלָתִי, וְהַשְּׁאָר לִנְזִירוּתִי' - דְּמֵי עוֹלָה יָבוֹאוּ עוֹלָה, וְהַשְּׁאָר יִפְּלוּ לִנְדָבָה.
8When a person thought that he was obligated in a nazirite vow and set aside his sacrifices and then inquired of a sage who told him that his statements do not constitute a vow and he is not obligated to be a nazirite, what should he do with the sacrifices that he set aside? They should go and pasture with the rest of the herd.16 For they were consecrated in error and that consecration is not binding, as will be explained in the appropriate place.17 חמִי שֶׁדִּמָּה שֶׁהוּא חַיָּב בִּנְזִירוּת, וְהִפְרִישׁ קָרְבְּנוֹתָיו, וְאַחַר כָּךְ שָׁאַל לְחָכָם, וְהוֹרָהוּ שֶׁאֵין זֶה נֶדֶר וְאֵינוֹ חַיָּב בִּנְזִירוּת - מַה יַעֲשֶׂה בַּקָּרְבָּנוֹת שֶׁהִפְרִישׁ? יֵצְאוּ וְיִרְעוּ בָּעֵדֶר - שֶׁזֶּה הֶקְדֵּשׁ טָעוּת הוּא, שֶׁאֵינוֹ הֶקְדֵּשׁ, כְּמוֹ שֶׁיִּתְבָּאֵר בִּמְקוֹמוֹ.
9The following rules apply when a woman takes a nazirite vow and set aside her sacrifices and afterwards, her husband nullified her vow. If the animal belonged to him, it should go out and pasture in the herd, for a person cannot consecrate an article that does not belong to him.18טהָאִשָּׁה שֶׁנָּדְרָה בְּנָזִיר, וְהִפְרִישָׁה קָרְבְּנוֹתֶיהָ, וְאַחַר כָּךְ הֵפֵר לָהּ בַּעְלָהּ: אִם מִשֶּׁלּוֹ הָיְתָה הַבְּהֵמָה, תֵּצֵא וְתִרְעֶה בָּעֵדֶר; שֶׁאֵין אָדָם מַקְדִּישׁ דָּבָר שֶׁאֵינוֹ שֶׁלּוֹ.
If the animals set aside for sacrifices were hers and her husband did not own any part of them, e.g., they were given to her as a present on the condition that her husband have no authority over them, but instead, she could do whatever she wants with them,19 the sin offering should be left to die,20 the burnt offering should be sacrificed as a burnt offering, and the peace offering should be sacrificed as a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.21 וְאִם הָיוּ הַקָּרְבָּנוֹת מִשֶּׁלָּהּ וְאֵין לְבַעְלָהּ בָּהֶן כְּלוּם, כְּגוֹן שֶׁנִּתְּנוּ לָהּ מַתָּנָה עַל מְנָת שֶׁלֹּא יִהְיֶה לַבַּעַל בָּהֶן רְשׁוּת, אֶלָא מַה שֶׁתִּרְצֶה תַּעֲשֶׂה בָּהֶן - הַחַטָּאת תָּמוּת, וְהָעוֹלָה תִּקְרַב עוֹלָה, וְהַשְּׁלָמִים יִקְרְבוּ שְׁלָמִים. וְנֶאֱכָלִין לְיוֹם אֶחָד, וְאֵינָן טְעוּנִין לֶחֶם.
10If a woman set aside money that was not designated for specific sacrifices, it should be used to purchase freewill offerings.יהִפְרִישׁ מָעוֹת סְתוּמִין לְקָרְבְּנוֹתֶיהָ, יִפְּלוּ לִנְדָבָה.
If it was designated for specific purposes, the funds set aside for the burnt offering should be used for a burnt offering. The funds set aside for the sin-offering should be brought to the Dead Sea. The funds set aside for the peace offering should be used for a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.הָיוּ מְפֹרָשִׁין - דְּמֵי חַטָּאת יֵלְכוּ לְיָם הַמֶּלַח, וּדְמֵי עוֹלָה יָבוֹאוּ עוֹלָה, וּדְמֵי שְׁלָמִים יָבוֹאוּ שְׁלָמִים. וְנֶאֱכָלִין לְיוֹם אֶחָד, וְאֵינָן טְעוּנִין לֶחֶם.
11When a woman took a nazirite vow and became ritually impure due to contact with a corpse in the midst of the days of her nazirite vow, and afterwards her husband heard of her vow and nullified it, she must still bring the sacrifices required when a nazirite becomes ritually impure.22 יאהָאִשָּׁה שֶׁנָּדְרָה בְּנָזִיר, וְנִטְּמָּאת בְּתוֹךְ יְמֵי נְזִירוּת, וְאַחַר כָּךְ שָׁמַע בַּעְלָהּ וְהֵפֵר לָהּ - הֲרֵי זוֹ מֵבִיאָה קָרְבָּן טֻמְאָה.
12When a father binds his son to a nazirite vow23 and set aside sacrifices, but the son did not desire this nazirite vow and he or his relatives objected or he shaved himself or his relatives shaved him,24 the sin offering should be left to die, the burnt offering should be sacrificed as a burnt offering, and the peace offering should be sacrificed as a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.25יבהָאִישׁ שֶׁהִדִּיר אֶת בְּנוֹ בְּנָזִיר, וְהִפְרִישׁ עָלָיו קָרְבְּנוֹתָיו, וְלֹא רָצָה הַבֵּן בִּנְזִירוּת זוֹ, וּמִחָה הוּא אוֹ קְרוֹבָיו, אוֹ שֶׁגִּלַּח הוּא אוֹ שֶׁגִּלְּחוּהוּ קְרוֹבָיו - הַחַטָּאת תָּמוּת, וְהָעוֹלָה תִּקְרַב עוֹלָה, וְהַשְּׁלָמִים יִקְרְבוּ שְׁלָמִים. וְנֶאֱכָלִין לְיוֹם אֶחָד, וְאֵין טְעוּנִין לֶחֶם.
If he set aside money that was not designated for specific sacrifices, it should be used to purchase freewill offerings.הִפְרִישׁ לוֹ מָעוֹת סְתוּמִין, הֲרֵי אֵלּוּ יִפְּלוּ לִנְדָבָה.
If it was designated for specific purposes, the funds set aside for the burnt offering should be used for a burnt offering. The funds set aside for the sin-offering should be brought to the Dead Sea. The funds set aside for the peace offering should be used for a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.הָיוּ מָעוֹת מְפֹרָשִׁין - דְּמֵי חַטָּאת יֵלְכוּ לְיָם הַמֶּלַח, וּדְמֵי עוֹלָה יָבוֹאוּ עוֹלָה, דְּמֵי שְׁלָמִים יָבוֹאוּ שְׁלָמִים, וְאֵינָן טְעוּנִין לֶחֶם, וְנֶאֱכָלִין לְיוֹם אֶחָד.
13When a person says: “I will be a nazirite when a son is born to me,” and sets aside a sacrifice, his wife miscarries26 and then she gives birth,27 the status of the sacrifices is questionable.28 It is forbidden to shear them or perform labor with them.29 יגהָאוֹמֵר 'הֲרֵינִי נָזִיר כְּשֶׁיִּהְיֶה לִי בֵּן', וְהִפְרִישׁ קָרְבָּן, וְהִפִּילָה אִשְׁתּוֹ, וְחָזְרָה וְיָלְדָה - הֲרֵי זוֹ הַקָּרְבָּנוֹת סָפֵק, וַאֲסוּרִין בְּגִזָּה וַעֲבוֹדָה.
14A question arises when there are two nazirites; one became ritually impure due to contact with a corpse and it is not known which of them became ritually impure.30 How should they bring their sacrifices?31 They should bring the sacrifices32 required when emerging from impurity and the sacrifices that mark the completion of a nazirite vow in purity at the conclusion of the span of their nazirite vow.33 One of them then says: “If I was the one who became impure, the sacrifices to emerge from impurity are mine and the sacrifices that mark the completion of a nazirite vow in purity are yours. If I am the one who is ritually pure, the sacrifices that mark the completion of a nazirite vow in purity are mine and the sacrifices to emerge from impurity are yours.”34ידשְׁנֵי נְזִירִים שֶׁנִּטְּמָּא אֶחָד מֵהֶן וְאֵין יָדוּעַ מִי הוּא - כֵּיצַד מְבִיאִין קָרְבְּנוֹתֵיהֶן? מְבִיאִין קָרְבָּן טֻמְאָה וְקָרְבָּן טָהֳרָה בִּמְלֹאת יְמֵי נְזִירוּתָם, וְאוֹמֵר אֶחָד מֵהֶן 'אִם אֲנִי הוּא הַטָּמֵא, קָרְבָּן טֻמְאָה שֶׁלִּי וְקָרְבָּן טָהֳרָה שֶׁלְּךָ, וְאִם אֲנִי הוּא הַטָּהוֹר, קָרְבָּן טָהֳרָה שֶׁלִּי וְקָרְבָּן טֻמְאָה שֶׁלְּךָ'.
After bringing these sacrifices, they both then count the full span of another nazirite vow35 and bring another set of sacrifices that mark the completion of a nazirite vow in purity.36 They then bring the sacrifices that mark the completion of a nazirite vow in purity and one says: “If I was the one who was ritually impure, the sacrifices brought previously to mark the emergence from impurity were mine and the sacrifices brought to mark the completion of a nazirite vow in purity were yours and these are the sacrifices that mark my completion of a nazirite vow in purity. If I was the one who was ritually pure, the sacrifices brought previously to mark the completion of a nazirite vow in purity were mine and those brought to mark the emergence from impurity were yours. And these are the sacrifices that mark your completion of a nazirite vow in purity.”37 Thus neither one lost anything in bringing these sacrifices.38 וְסוֹפְרִין יְמֵי נְזִירוּת אַחֶרֶת גְּמוּרָה מֵאַחַר קָרְבָּנוֹת אֵלּוּ, וְחוֹזְרִין וּמְבִיאִין קָרְבָּן טָהֳרָה, וְאוֹמֵר אֶחָד מֵהֶן 'אִם אֲנִי הוּא שֶׁהָיִיתִי טָמֵא, קָרְבָּן טֻמְאָה שֶׁלִּי וְקָרְבָּן טָהֳרָה שֶׁלְּךָ וְזֶה קָרְבָּן טַהְרָתִי, וְאִם אֲנִי הוּא הַטָּהוֹר, קָרְבָּן טָהֳרָה שֶׁלִּי וְקָרְבָּן טֻמְאָה שֶׁלְּךָ וְזֶה קָרְבָּן טַהְרָתָךְ'. נִמְצְאוּ שֶׁלֹּא הִפְסִידוּ בְּקָרְבְּנוֹתֵיהֶן כְּלוּם.
15If one of them dies, the other must bring a fowl as a sin-offering39 and an animal as a burnt offering and say: “If I became impure, the sin offering fulfills my obligation and the burnt offering40 is a freewill offering. If I was pure, the burnt offering is my obligation and the fowl brought as a sin-offering is because of the doubt.” He then counts the full span of another nazirite vow and brings the sacrifices41 required when completing a nazirite vow in purity. He should say: “If I was impure, the first burnt offering I brought is a freewill offering and this is the sacrifice that I am obligated to bring. If I was pure, then the first burnt offering was obligatory. This is a freewill offering and these are the remainder of my sacrifices.”טומֵת אֶחָד מֵהֶן - הֲרֵי זֶה מֵבִיא חַטַּאת הָעוֹף וְעוֹלַת בְּהֵמָה, וְיֹאמַר 'אִם טָמֵא הָיִיתִי, הַחַטָּאת מֵחוֹבָתִי וְהָעוֹלָה נְדָבָה, וְאִם טָהוֹר הָיִיתִי, הָעוֹלָה מֵחוֹבָתִי וְחַטַּאת הָעוֹף סָפֵק'; וְסוֹפֵר יְמֵי נְזִירוּת אַחֶרֶת, וּמֵבִיא קָרְבָּן טָהֳרָה, וְאוֹמֵר 'אִם טָמֵא הָיִיתִי, הָעוֹלָה הָרִאשׁוֹנָה נְדָבָה וְזוֹ חוֹבָה, וְאִם טָהוֹר הָיִיתִי, הָעוֹלָה הָרִאשׁוֹנָה חוֹבָה וְזוֹ נְדָבָה וְזֶה שְׁאָר קָרְבָּנִי'.
In these instances, neither of them42 perform the shaving to emerge from ritual impurity unless they are minors or women.43 The rationale is that these individuals should not shave their heads because of a doubt.44 וְאֵין אֶחָד מִשְּׁנֵיהֶם מְגַלֵּחַ תִגְלַחַת טֻמְאָה, אֶלָא אִם כֵּן הָיוּ קְטַנִּים אוֹ נָשִׁים - שֶׁאֵין אֵלּוּ מַקִּיפִין פְּאַת רֹאשָׁם מִסָּפֵק.
16How could a doubt arise for them with regard to whether they contracted ritual impurity? For example, two nazirites were standing in a private domain where the ruling is that if a doubt concerning ritual purity arises in a private domain, the person is considered impure.45 A person who was standing outside saw them and said: “I saw that one of you became impure, but I do not know which one it is.”טזוְכֵּיצַד יִוָּלֵד לָהֶם סָפֵק זֶה בְּטֻמְאָה? כְּגוֹן שֶׁהָיוּ שְׁנֵי הַנְּזִירִים עוֹמְדִין בִּרְשׁוּת הַיָּחִיד, שֶׁסְּפֵק טֻמְאָה שָׁם טָמֵא, וְהָיָה אֶחָד מִבַּחוּץ רוֹאֶה אוֹתָן וְאוֹמֵר 'רָאִיתִי אֶת אֶחָד מִכֶּם שֶׁנִּטְּמָּא וְאֵינִי יוֹדֵעַ מִי הוּא'.
If, however, this witness is together with them in the courtyard, they are both ritually pure. The rationale is that since there are three of them, they are considered as “many people.” And when there are many people in a private domain, when a doubt arises concerning them, they are ritually pure like a doubt concerning ritual impurity in the public domain as will be explained in its place.46 אֲבָל אִם הָיָה עֵד זֶה עִמָּהֶן בֶּחָצֵר, הֲרֵי שְׁנֵיהֶן טְהוֹרִין; כֵּיוָן שֶׁהֵן שְׁלוֹשָׁה, הֲרֵי הֵן רַבִּים, וְרַבִּים בִּרְשׁוּת הַיָּחִיד סְפֵקָן טָהוֹר, כִּסְפֵק טֻמְאָה בִּרְשׁוּת הָרַבִּים שֶׁהוּא טָהוֹר, כְּמוֹ שֶׁיִּתְבָּאֵר בִּמְקוֹמוֹ.
17When does the above apply? When both nazirites remain silent or the matter is doubtful for them.יזבַּמֶּה דְּבָרִים אֲמוּרִים? בְּשֶׁשָּׁתְקוּ הַנְּזִירִים שְׁנֵיהֶם אוֹ נִסְתַּפֵּק לָהֶן הַדָּבָר.
If, however, one of them says: “I did not become ritually impure,” even if two witnesses testify that he became impure, he does not bring a sacrifice because of their statements. His statement: “I did not become ritually impure,” can be understood to mean: “I will not bring a sacrifice because of impurity, because I have already asked a sage to absolve my vow.” Thus he is not contradicting the witnesses and a person’s word is accepted with regard to his own person.47אֲבָל אִם אָמַר אֶחָד מֵהֶן 'אֲנִי לֹא נִטְּמֵּאתִי', אַפִלּוּ שְׁנֵי עֵדִים מְעִידִין עָלָיו שֶׁנִּטְּמָּא - אֵינוֹ מֵבִיא קָרְבָּן עַל פִּיהֶם; שֶׁזֶּה שֶׁאָמַר 'לֹא נִטְּמֵּאתִי', כְּאוֹמֵר 'אֵינִי חַיָּב בְּטֻמְאָה שֶׁכְּבָר נִשְׁאַלְתִּי עַל נְזִירוּתִי'. וְנִמְצָא שֶׁאֵינוֹ מַכְחִישׁ אֶת הָעֵדִים, וְאָדָם נֶאֱמָן עַל יְדֵי עַצְמוֹ.
If, however, he remained silent or was in doubt concerning the matter, he should bring a sacrifice even when the cause is the testimony of one witness, as we explained above.אֲבָל אִם שָׁתַק אוֹ נִסְתַּפֵּק לוֹ - הֲרֵי זֶה מֵבִיא קָרְבָּן, אַפִלּוּ עַל פִּי עֵד אֶחָד כְּמוֹ שֶׁבֵּאַרְנוּ.
Similarly, if a witness tells a person: “You took a nazirite vow in my presence” and that person disputes the matter, he is not liable for anything.48 If he does not dispute the matter, he must observe the restrictions of a nazirite vow because of his statements.וְכֵן עֵד שֶׁאָמַר לְאֶחָד 'בְּפָנַי נָדַרְתָּ בִּנְזִירוּת' - אִם הִכְחִישׁוֹ, אֵינוֹ חַיָּב כְּלוּם; וְאִם לֹא הִכְחִישׁוֹ, נוֹהֵג נְזִירוּת עַל פִּיו.
Even if a person told two others, “I saw one of you take a nazirite vow, but I do not know which of you it was,” since neither of them dispute his statements, they both must observe a nazirite vow, because of his statements.אַפִלּוּ אָמַר לִשְׁנַיִם 'רָאִיתִי אֶחָד מִכֶּם שֶׁנָּזַר וְאֵינִי יוֹדֵעַ מִי הוּא' - הוֹאִיל וְאֵין מַכְחִישִׁין אוֹתוֹ, נוֹהֲגִין נְזִירוּת עַל פִּיו.
If a person observed a nazirite vow because of the statements of one witness and drank wine or became impure due to contact with a corpse and two witnesses administered a warning, he is given lashes even though the fundamental dimension of the testimony is dependent on one witness.49 נָהַג נְזִירוּת עַל פִּי עֵד, וְשָׁתָה יַיִן אוֹ נִטְּמָּא, וְהִתְרוּ בּוֹ - לוֹקֶה, אַף עַל פִּי שֶׁעִיקַר הַנְּזִירוּת בְּעֵד אֶחָד.
18When a corpse was lying across the breadth of a path50 and a nazirite walked by there, he is pure. This applies even if the only way to pass was to step over the corpse51 or to touch it and even if it was a source of impurity that was known.52 The rationale is that when there is an unresolved doubt concerning ritual impurity in the public domain, we consider the person pure.יחמֵת שֶׁהָיָה מֻשְׁכָּב לְרֹחַב הַדֶּרֶךְ - אַף עַל פִּי שֶׁאֵין שָׁם מָקוֹם לַעֲבֹר אֶלָא עָלָיו אוֹ נוֹגֵעַ בְּצִדּוֹ, וְאַף עַל פִּי שֶׁהִיא טֻמְאָה יְדוּעָה, וְעָבַר מִשָּׁם נָזִיר - הֲרֵי זֶה טָהוֹר, הוֹאִיל וּסְפֵק רְשׁוּת הָרַבִּים טָהוֹר.
19When does the above apply? When he was walking. If, however, he was riding or carrying a burden, he is impure.53 The rationale is that it is possible for a person who is walking on his feet not to touch the corpse, have his body pass over it, nor move it. When, by contrast, a person is carrying a burden or riding, it is impossible for him not to touch the corpse, have his body pass over it, nor move it, for the corpse is lying across the path.54 יטבַּמֶּה דְּבָרִים אֲמוּרִים? בִּמְהַלֵּךְ בְּרַגְלוֹ. אֲבָל אִם הָיָה רוֹכֵב אוֹ טָעוּן מַשָּׂא - הֲרֵי זֶה טָמֵא. שֶׁהַמְּהַלֵּךְ בְּרַגְלָיו, אֶפְשָׁר שֶׁלֹּא יִגַּע וְשֶׁלֹּא יַאֲהִיל וְשֶׁלֹּא יָסִיט; אֲבָל טָעוּן אוֹ רוֹכֵב - אִי אֶפְשָׁר שֶׁלֹּא יִגַּע אוֹ שֶׁלֹּא יַאֲהִיל אוֹ שֶׁלֹּא יָסִיט, שֶׁהֲרֵי הַמֵּת לְרֹחַב הַדֶּרֶךְ.

Quiz Yourself on Nezirut Chapter 9

Footnotes
1.

I.e., he set aside money to pay for the sacrifices of poor nazirites.

2.

Even if there are not enough funds remaining to purchase an entire sacrifice, the remaining funds should be contributed toward the purchase of a sacrifice.

3.

Since the money was set aside for that purpose, it should be used accordingly.

4.

See Halachah 4 for more details concerning this concept.

5.

Voluntary burnt offerings whose sacrifice embellishes the altar. Since the money was set aside for use for his own offerings, it should not be used for the offerings of another person. This is the meaning of the phrase (Shekalim 2:5:) “What is left over from a nazirite’s [offerings] should go for the sake of that nazirite.”

6.

Brought to a place where it is impossible to benefit from it.

7.

As the nazirite’s peace offering must be accompanied (see Chapter 8, Halachah 1).

8.

Like the peace offering broqght by a nazirite in contrast to an ordinary peace offering which may be eaten for two days and one night.

9.

Although a certain amount of the funds would have been used for a sin offering, since they have not been designated for that purpose, it does not become prohibited to use them for other purposes.

10.

As is the law when the owner of a sin offering dies before the sacrifice of the offering (Hilchot Pesulei HaMukdashim 4: 1 ).

11.

Since it is known that he is required to bring these sacrifices, it is considered as if an appropriate amount has been allotted for each offering. Hence the money set aside for the burnt offering and peace offering should be used for such sacrifices and the money set aside for the sin offering should be taken to the Dead Sea.

12.

I.e., a blemish that disqualifies it as an offering. See Hilchot Issurei Mizbeiach, chs. 1-2.

13.

Since the animal is available for immediate sale, it is considered as if the owner has cash in hand.

14.

In which case, she has no obligation to bring the sacrifices.

15.

Although there are funds for a sin offering involved, since the purpose was not specified, they may be used for freewill offerings.

16.

It is considered as an entirely ordinary animal, as if it had never been consecrated.

17.

Hilchot Arachin 6:34.

18.

This is a general principle, applicable in many contexts with regard to sacrifices. See Hilchot Arachin 6:21, 24; Hilchot Temurah 1:3.

19.

Generally, all of a woman’s property is placed in her husband’s care during their marriage and all her earnings belong to him. How then can she have money or property that is entirely her own? When a person gives it to her as a present with the above stipulation. See Hilchot Ishut 22:27; Hilchot Nedarim 7: 17; Hilchot Zechiyah UMatanah 3:13-14.

20.

It is forbidden to benefit from the animal or to use it for any other purpose. Hence, it is left to die. See Hilchot Pesulei HaMukdashim 4: 1.

21.

See Halachah 3.

22.

The rationale is that when a husband nullifies a vow, his nullification does not uproot the vow from its source. Instead, his nullification affects only the future. Hence, she is liable for the repercussions of becoming impure and must bring a sacrifice. If, by contrast, she were to have had her vow nullified by a sage, it would have been nullified at its source and it would be as if she was never a nazirite. Hence she would not have to bring a sacrifice. See Hilchot Nedarim 13:2 (Radbaz).

23.

See Chapter 2, Halachot 13-14.

24.

See ibid.:15.

25.

See Halachah 9.

26.

The Radbaz explains that the·Rambam interprets our Sages’ statements in Nazir 13a as applying when the events occurred in this order. Others interpret the Talmud as speaking about a situation where the sacrifices were set aside after the woman miscarried. According to the Radbaz, the Rambam would not argue with that view. Instead, he is stating that the law applies even in the instance mentioned.

27.

See Chapter 1, Halachah 17.

28.

Since he is not bound by his nazirite vow after the miscarriage as stated in the cited halachah, it is possible that the consecration of the sacrifices is nullified. On the other hand, that is not a definite fact. Hence our Sages debated this issue.

29.

These prohibitions apply with regard to all consecrated animals. Since these prohibitions are Scriptural in origin, they must be observed because of the doubt regarding these animals' status. See Hilchot Me'ilah 1:7-8.

30.

See Halachot 16-17 which describe how such a situation could arise.

31.

As the Rambam proceeds to explain, the nazirite who completed his vow in ritual purity is obligated to bring one set of sacrifices, while the one who became impure must bring a different set. Since it is not known which of these individuals became impure, there is a question which sacrifices they should bring. Neither can bring the sacrifices required by the other as a freewill offering, because the guilt offering that is required when emerging from impurity may not be brought as a freewill offering, nor may the sin offering that is required after completing one’s nazirite vow in a state of purity.

32.

I.e., sharing the costs equally.

33.

his applies when they both took a nazirite vow for the same number of days at the same time (Radbaz). If their nazirite vows conclude at different times, they must wait until the latest date.

34.

The other makes similar statements and they both perform all of the rituals necessary in the bringing of the sacrifices. In this way, the one has fulfilled the obligation to bring the sacrifices required when emerging from impurity and the other, the obligation to bring the sacrifices that mark the completion of the nazirite vow.

35.

In which they observe all the prohibitions incumbent on a nazirite.

36.

In this way, the nazirite who became ritually impure has fulfilled the obligations incumbent on him at the conclusion of his nazirite vow.

37.

The other one makes a similar statement and they each perform all the rites required when bringing these sacrifices.

38.

More precisely, the person who was ritually pure was obligated to pay for half the sacrifices of the person who was ritually impure. Thus although no extra sacrifices were offered, he did suffer a slight loss. Nevertheless, this is obviously far preferential than for each one to have to bring the sacrifices required when emerging from ritual impurity on his own, as stated in the following halachah.

39.

This is the practice followed whenever there is a question whether one is obligated to bring a sin offering or not. This sacrifice is burnt and not eaten (Hilchot Pesulei HaMukdashin 19:10).

40.

This is for the sake of the offerings he is required to bring if he completed his nazirite vow in a state of purity. The peace offering and guilt offering are not absolute necessities. See Chapter 6, Halachah 12; Chapter 10, Halachah 8.

41.

All three sacrifices, as the Rambam proceeds to explain.

42.

The nazirites who entered a situation in which a doubt arouse which of them was impure.

43.

Who are not bound by the prohibition against shaving the corners of their heads. See Hilchat Avodat Kochavim 12:5.

44.

Although a nazirite who is ritually impure and one who completes his nazirite vow in purity are allowed to shave their heads, that is permitted because there is a definite positive commandment which supercedes the prohibition. In these instances, however, we are unsure if there is a commandment obligating the nazirite to shave. Hence, no leniency is granted. The nazirite’s failure to shave does not prevent him from bringing his sacrifices, as stated in Chapter 6, Halachah 5.

45.

See Hilchot Shaar Avot HaTumah 16:1. We assume that if the nazirite knew that he was ritually impure, he would not deny it, because we operate under the assumption that a person would not consciously avoid bringing a sin offering if he knew that he was liable (Keritot 12a).

46.

Ibid .. The Ra’avad differs with the Rambam concerning this principle. The Kessef Mishneh justifies the Rambam’s view.

47.

See Hilchot Shaar Avot HaTumah 14: 11.

48.

For the person’s own word supercedes the testimony of one witness.

49.

The rationale is that since, because of the doubt inspired by the testimony of the witness, the person willingly accepted the observance of the nazirite vow, he is obligated to observe it (Radbaz).

50.

I.e., even if the corpse is in full public view.

51.

Thus he would contract ritual impurity by covering the corpse with his body (ohel).
The Ra’avad differs with the Rambam concerning this issue, citing Nazir 63b as support. The Radbaz and the Kessef Mishneh offer interpretations of the Talmud that support the Rambam’s position. In that source, the Talmud differentiates between a corpse that is visible and a corpse whose existence is unknown, as explained in Chapter 6, Halachot 18-19. The Rambam maintains that the distinctions apply only after the fact, when the blood from the sacrifices has already been sprinkled on the person. Before then, the ruling depends on the principle: When there is a doubt concerning ritual impurity in the public domain, the person is considered pure. If such a doubt arises concerning a question in a private domain, he is considered as impure.
In explanation of the Rambam’ s position, the Kessef Mishneh states that we are speaking about an instance where it is possible for the nazirite, albeit with difficulty, to pass by the corpse without touching it or passing over it. If that is not the case, he is certainly impure. The Radbaz states that we are speaking about any instance where the person could have - and we presume he did - move off the path so as not to touch the corpse.

52.

In contrast, if it was not known that a corpse was located there, the nazirite is pure in the case of a doubt.

53.

Because, as the Rambam proceeds to explain, it is almost impossible for the person not to contract ritual impurity.

54.

And when riding or carrying a burden, the person will not be able to squeeze by.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Vowelized Hebrew text courtesy Torat Emet under CC 2.5 license.
The text on this page contains sacred literature. Please do not deface or discard.