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ב"ה

Rambam - 1 Chapter a Day

Nezirut - Chapter 6

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Nezirut - Chapter 6

1

When a nazirite drinks wine or eats a grape product, even if he does so for many days, he does not invalidate even one of the days of his nazirite vow.1 Similar [principles apply] if he shaved a minority of his head, whether intentionally or unintentionally.

If, however, the majority of his head was shaved, whether with a razor or through another means which is as effective as a razor and enough of the hairs to fold over their head to their base2 were removed whether intentionally or unintentionally3 - even if thieves shaved his head against his will - thirty days are invalidated. [He must wait] until he has an uncut mane of hair.4 Afterwards, he counts [the remaining days].

א

נָּזִיר שֶׁשָּׁתָה יַיִן וְאָכַל יוֹצֵא מִן הַגֶּפֶן אֲפִלּוּ יָמִים רַבִּים אֵינוֹ סוֹתֵר מִימֵי נְזִירוּתוֹ אֲפִלּוּ יוֹם אֶחָד. וְכֵן אִם גִּלֵּחַ מִעוּט שְׂעַר רֹאשׁוֹ בֵּין בְּשׁוֹגֵג בֵּין בְּמֵזִיד. נִתְגַּלֵּחַ רֹב רֹאשׁוֹ בֵּין בְּתַעַר בֵּין כְּעֵין תַּעַר וְלֹא נִשְׁאַר מִן הַשְּׂעָרוֹת כְּדֵי לָכֹף רֹאשָׁן לְעִקָּרָן בֵּין בְּזָדוֹן בֵּין בִּשְׁגָגָה אֲפִלּוּ גִּלְּחוּהוּ לִסְטִים בְּאֹנֶס הֲרֵי זֶה סוֹתֵר שְׁלֹשִׁים יוֹם עַד שֶׁיִּהְיֶה לוֹ פֶּרַע וְאַחַר כָּךְ מַתְחִיל לִמְנוֹת:

2

What is implied? A person took a nazirite vow for 100 days5 and after 20 days, the majority of his hair was shaved. He must wait 30 days until the hair of his head grows. After 30 days, he counts eighty days to complete his nazirite vow. Throughout these 30 days, he must observe all the particular nazirite law, but the days are not counted [as part of his nazirite vow].

ב

כֵּיצַד. נָדַר נְזִירוּת מֵאָה יוֹם וּלְאַחַר עֶשְׂרִים יוֹם נִתְגַּלֵּחַ רֹב רֹאשׁוֹ הֲרֵי זֶה שׁוֹהֶה שְׁלֹשִׁים יוֹם עַד שֶׁיִּרְבֶּה שְׂעַר רֹאשׁוֹ. וְאַחַר הַשְּׁלֹשִׁים יוֹם מוֹנֶה שְׁמוֹנִים יוֹם תַּשְׁלוּם יְמֵי נְזִירוּתוֹ. וְכָל אוֹתָן הַשְּׁלֹשִׁים יוֹם כָּל דִּקְדּוּקֵי נְזִירוּת עָלָיו אֶלָּא שֶׁאֵין עוֹלִין לוֹ מִן הַמִּנְיָן:

3

When a nazirite contracted ritual impurity [stemming from a corpse] whether intentionally or unintentionally - even if gentiles caused him to incur impurity against his will - all of the days he observed are invalidated. He must perform the shaving required for impurity,6 bring the sacrifices [associated with arising from] impurity, and begin to count the days of his nazirite vow [anew]. [This is implied by Numbers 6:12]: "The first days will fall." Even if he becomes impure on the day that he completes his [nazirite] vow,7 at the conclusion of the day, all of the days are invalidated.

ג

נָזִיר שֶׁנִּטְמָא בֵּין בְּזָדוֹן בֵּין בִּשְׁגָגָה וַאֲפִלּוּ טִמְּאוּהוּ עַכּוּ''ם בְּאֹנֶס סָתַר הַכּל. וּמְגַלֵּחַ תִּגְלַחַת טֻמְאָה וּמֵבִיא קָרְבְּנוֹת טֻמְאָה וּמַתְחִיל לִמְנוֹת יְמֵי נְזִירוּת שֶׁנֶּאֱמַר (במדבר ו יב) "וְהַיָּמִים הָרִאשׁוֹנִים יִפְּלוּ". וַאֲפִלּוּ נִטְמָא בְּיוֹם מְלֹאת יְמֵי נִזְרוֹ בְּסוֹף הַיּוֹם סָתַר הַכּל:

4

If he contracted impurity on the day after he completed [his nazirite vow], i.e., the day on which he would have brought the sacrifices [associated with the completion of a nazirite vow] in purity had he not become impure, he invalidates only 30 days.8

What should he do? He must bring the sacrifices [associated with arising from] impurity when he becomes pure and perform the shaving required for impurity. He then observes the nazirite laws for 30 days, he performs the shaving [associated with completing a nazirite vow] in purity and brings the appropriate sacrifices.9 If he contracts ritual impurity after the blood [of any of the sacrifices] was sprinkled upon him, none [of the days] are invalidated.10 Instead, he should bring the remainder11 of the sacrifices [associated with completing a nazirite vow] in purity after he regains ritual purity.12

ד

נִטְמָא אַחַר יוֹם מְלֹאת, שֶׁהוּא יוֹם הֲבָאַת קָרְבְּנוֹת טָהֳרָה אִלּוּ לֹא נִטְמָא, סוֹתֵר שְׁלֹשִׁים בִּלְבַד. וְכֵיצַד יַעֲשֶׂה. מֵבִיא קָרְבְּנוֹת טֻמְאָה כְּשֶׁיִּטְהַר וּמְגַלֵּחַ תִּגְלַחַת טֻמְאָה וּמַתְחִיל לִמְנוֹת נְזִירוּת שְׁלֹשִׁים יוֹם וּמְגַלֵּחַ תִּגְלַחַת טָהֳרָה וּמֵבִיא קָרְבְּנוֹת טָהֳרָה. וְאִם נִטְמָא אַחַר שֶׁנִּזְרַק עָלָיו אֶחָד מִן הַדָּמִים אֵינוֹ סוֹתֵר כְּלוּם אֶלָּא יָבִיא שְׁאָר קָרְבְּנוֹת טָהֳרָה שֶׁלּוֹ כְּשֶׁיִּטְהַר:

5

If he contracted ritual impurity on the following day,13 i.e., the day which is fit for him to begin letting his hair grow, had he shaven his hair after the completion of his vow,14 he does not invalidate anything even though he did not shave yet. For he has completed his nazirite vow and everything associated with it.15

ה

נִטְמָא בַּיּוֹם שֶׁלְּאַחֲרָיו שֶׁהוּא יוֹם שֶׁרָאוּי לְגַדֵּל שֵׂעָר. אוֹ גִּלֵּחַ אַחַר מְלֹאת הֲרֵי זֶה אֵינוֹ סוֹתֵר כְּלוּם אַף עַל פִּי שֶׁעֲדַיִן לֹא גִּלֵּחַ שֶׁהֲרֵי שָׁלְמָה הַנְּזִירוּת וְכָל שֶׁנִּטְפַּל לָהּ:

6

If he becomes impure on the day he took the [nazirite] vow or on the second day, [these days] are not invalidated. Instead, he completes [the days of his vow including] them after he brings his sacrifices.16 [This is derived from the prooftext cited above:] "The days will fall." [The use of the plural implies that] there must be at least two [full] days. Therefore if he becomes impure from the third day onward, he invalidates all the previous days.

ו

נִטְמָא בַּיּוֹם שֶׁנָּדַר אוֹ בַּשֵּׁנִי אֵינוֹ סוֹתֵר אֶלָּא מַשְׁלִים עֲלֵיהֶם אַחַר שֶׁיָּבִיא קָרְבָּנוֹ שֶׁנֶּאֱמַר (במדבר ו יב) "וְהַיָּמִים הָרִאשׁוֹנִים יִפְּלוּ" עַד שֶׁיִּהְיוּ שָׁם שְׁנֵי יָמִים רִאשׁוֹנִים. לְפִיכָךְ אִם נִטְמָא מִשְּׁלִישִׁי וָהָלְאָה סוֹתֵר כָּל הַקּוֹדְמִין:

7

When a person takes a nazirite vow although he is ritually impure due to contact with a corpse, the nazirite vow takes effect.17 If he becomes impure again,18 drinks wine, or shaves his head, he is liable for lashes. If he remains impure for several days, they are not counted for him until he has [the ashes of the Red Heifer] sprinkled upon him on the third and seventh days [after he contracted ritual impurity] and he immerses himself [in a mikveh] on the seventh day.19 When a person takes a [nazirite] vow while he is ritually impure, the seventh day is counted for him.20 When, by contrast, a nazirite who was ritually pure, became impure, he should not begin counting until the eighth day.

ז

נָדַר בְּנָזִיר וְהוּא טְמֵא מֵת חָלָה עָלָיו נְזִירוּת. וְאִם נִטְמָא פַּעַם אַחֶרֶת אוֹ שָׁתָה יַיִן אוֹ גִּלֵּחַ לוֹקֶה. וְאִם שָׁהָה בְּטֻמְאָתוֹ כַּמָּה יָמִים אֵין עוֹלִין לוֹ עַד שֶׁיַּזֶּה שְׁלִישִׁי וּשְׁבִיעִי וְיִטְבּל בַּשְּׁבִיעִי וְיוֹם שְׁבִיעִי שֶׁלּוֹ עוֹלֶה לוֹ מִמִּנְיַן נְזִירוּת לָזֶה שֶׁנָּדַר וְהוּא טָמֵא. אֲבָל נָזִיר טָהוֹר שֶׁנִּטְמָא אֵינוֹ מַתְחִיל לִמְנוֹת אֶלָּא מִיּוֹם הַשְּׁמִינִי וָהָלְאָה:

8

When a person takes a nazirite vow in a cemetery, the nazirite vow takes effect.21 Even if he remains there for several days, they are not counted for him. He is liable for lashes for remaining there.22 If he was warned not to take a nazirite vow while there, he should not shave his hair when he leaves there.23 If while in the cemetery he contracted impurity in one of the ways which would require a nazirite to shave,24 he should neither shave nor bring a sacrifice [associated with emerging from] impurity.25

ח

מִי שֶׁנָּדַר וְהוּא בְּבֵית הַקְּבָרוֹת נְזִירוּת חָלָה עָלָיו וַאֲפִלּוּ שָׁהָה שָׁם כַּמָּה יָמִים אֵין עוֹלִין לוֹ וְלוֹקֶה עַל שְׁהִיָּתוֹ שָׁם. וְאִם הִתְרוּ בּוֹ שֶׁלֹּא יַזִּיר שָׁם אֵינוֹ מְגַלֵּחַ שְׂעָרוֹ כְּשֶׁיֵּצֵא מִשָּׁם. וְאִם נִטְמָא שָׁם בְּבֵית הַקְּבָרוֹת בְּאַחַת מִן הַטֻּמְאוֹת שֶׁהַנָּזִיר מְגַלֵּחַ עֲלֵיהֶן אֵינוֹ מְגַלֵּחַ וְאֵינוֹ מֵבִיא קָרְבָּן טֻמְאָה:

9

If [a nazirite] entered [a cemetery] in a closed container, chest, or closet, [made a nazirite vow there, and then] a colleague came and opened the top,26 [causing] him to contract ritual impurity, he is not liable for lashes even though he remains there.27 He does, however, receive stripes for rebellious conduct if he remains [there].28

ט

נִכְנַס לְשָׁם בְּשִׁדָּה תֵּבָה וּמִגְדָּל וּבָא חֲבֵרוֹ וּפָרַע עָלָיו אֶת הַמַּעֲזִיבָה וְנִטְמָא אַף עַל פִּי שֶׁשָּׁהָה שָׁם אֵינוֹ לוֹקֶה. אֲבָל מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת אִם שָׁהָה:

10

When the nazirite29 left the cemetery, remained several days [outside], and then returned, the days he remained outside are not counted [as part of his nazirite vow].30 If he departed, had [the ashes of the Red Heifer] sprinkled upon him, immersed himself [in a mikveh],31 counted several days of his nazirite vow and returned to the cemetery, the days that he counts are significant for him.32 Even if he enters the cemetery on the eighth day [after becoming impure], the seventh day is counted for him.33 If while there he contracted one of the types of impurity for which a nazirite is required to shave, he is required to bring a sacrifice [as required when emerging from] impurity.34 The days [he counted] previously are invalidated35 and he must perform the shaving [required when emerging from] impurity.

י

יָצָא מִבֵּית הַקְּבָרוֹת וְשָׁהָה יָמִים וְחָזַר וְנִכְנַס אֵין אוֹתָן הַיָּמִים עוֹלִין לוֹ. יָצָא וְהִזָּה וְטָבַל וְטָהַר וּמָנָה יָמִים מִנְּזִירוּתוֹ וְחָזַר לְבֵית הַקְּבָרוֹת אוֹתָן הַיָּמִים שֶׁמָּנָה עוֹלִין לוֹ. וַאֲפִלּוּ נִכְנַס בְּיוֹם שְׁמִינִי שֶׁלּוֹ הֲרֵי הַשְּׁבִיעִי שֶׁלּוֹ עוֹלֶה לוֹ מִן הַמִּנְיָן. וְאִם נִטְמָא שָׁם אַחַר שֶׁנִּכְנַס בְּאַחַת מִן הַטֻּמְאוֹת שֶׁהַנָּזִיר מְגַלֵּחַ עֲלֵיהֶן מֵבִיא קָרְבַּן טֻמְאָה וְסוֹתֵר הַיָּמִים הַקּוֹדְמִין וּמְגַלֵּחַ תִּגְלַחַת טֻמְאָה:

11

What does the shaving [required when emerging from ritual] impurity involve? When a nazirite becomes impure in one of the ways which require him to shave because of it, he must have [the ashes of the Red Heifer] sprinkled upon him on the third and seventh days. He then has his hair shaved on the seventh day.36 And after having [the ashes] sprinkled on him on the seventh day, he immerses in [a mikveh] as is required of all those who are ritually impure [due to contact with a human] corpse.37 He waits until sunset and brings his sacrifices on the eighth day.38 These [sacrifices] are: two turtle doves39 or two young doves,40 one as a burnt offering and one as a sin offering, and a year-old lamb as a guilt offering. All of the preceding days are invalidated and he begins counting his nazirite vow [anew]. If he shaved on the eighth day,41 he may bring his sacrifices on that day.

יא

תִּגְלַחַת טֻמְאָה כֵּיצַד הִיא. הַנָּזִיר שֶׁנִּטְמָא בְּאַחַת מִן הַטֻּמְאוֹת שֶׁהוּא מְגַלֵּחַ עֲלֵיהֶן הֲרֵי זֶה מַזֶּה עָלָיו בַּשְּׁלִישִׁי וּבַשְּׁבִיעִי. וּמְגַלֵּחַ שְׂעַר רֹאשׁוֹ בַּשְּׁבִיעִי וְטוֹבֵל בַּשְּׁבִיעִי אַחַר הַהַזָּיָה כְּדֶרֶךְ כָּל טְמֵאֵי מֵת. וּמַעֲרִיב שִׁמְשׁוֹ וּמֵבִיא קָרְבְּנוֹתָיו בַּשְּׁמִינִי וְהֵן שְׁתֵּי תּוֹרִים אוֹ שְׁנֵי בְּנֵי יוֹנָה אֶחָד לְעוֹלָה וְאֶחָד לְחַטָּאת וְכֶבֶשׂ בֶּן שְׁנָתוֹ לְאָשָׁם וְסוֹתֵר כָּל הַיָּמִים הַקּוֹדְמִין וּמַתְחִיל לִמְנוֹת נְזִירוּתוֹ. וְאִם גִּלֵּחַ בַּשְּׁמִינִי מֵבִיא קָרְבְּנוֹתָיו בּוֹ בַּיּוֹם:

12

When does he begin counting [the days of his nazirite vow]? When he brings his sin offering. His burnt offering and his guilt offering,42 by contrast, do not hold him back from [beginning] his counting.43

יב

מֵאֵימָתַי מַתְחִיל לִמְנוֹת מִשֶּׁיָּבִיא חַטָּאתוֹ. אֲבָל עוֹלָתוֹ וַאֲשָׁמוֹ אֵין מְעַכְּבִין אוֹתוֹ מִלִּמְנוֹת:

13

If he had [the ashes of the Red Heifer] sprinkled upon him on the third day and the seventh day, but did not immerse himself, [but instead] delayed his immersion, when he immerses, he should wait until sunset and bring his sacrifices on the following day.44 If he immersed himself and waited until after sunset, but delayed [bringing] his sacrifices, he cannot begin counting [the days of his vow] until he brings his sin offering.45 His burnt offering and guilt offering do not hold him back from counting, as explained [in the previous halachah].

יג

הֲרֵי שֶׁהִזָּה בַּשְּׁלִישִׁי וּבַשְּׁבִיעִי וְלֹא טָבַל וְנִתְאַחֵר כַּמָּה יָמִים כְּשֶׁיִּטְבּל יַעֲרִיב שִׁמְשׁוֹ וְיָבִיא קָרְבְּנוֹתָיו לְמָחָר. טָבַל וְהֶעֱרִיב שִׁמְשׁוֹ וְאִחֵר קָרְבְּנוֹתָיו אֵינוֹ מַתְחִיל לִמְנוֹת עַד שֶׁיָּבִיא חַטָּאתוֹ. אֲבָל עוֹלָתוֹ וַאֲשָׁמוֹ אֵין מְעַכְּבִין אוֹתוֹ כְּמוֹ שֶׁבֵּאַרְנוּ:

14

When a nazirite performs the shaving [required after] ritual impurity, he does not have to shave at the entrance to the Temple or cast his hair on the fire [where his sacrifices are being cooked].46 Whether he shaves outside the Temple or inside, it is forbidden to benefit from his hair.47 It must be buried. [If it is burnt,] it is forbidden [to benefit from] its ashes as is true of the ashes of [all forbidden substances that] must be buried.48 When one shaves in the Temple,49 if he casts [his hair] under the pot where his guilt offering [is being cooked], he fulfills his obligation.50

יד

כְּשֶׁמְּגַלֵּחַ הַנָּזִיר תִּגְלַחַת טֻמְאָה אֵינוֹ צָרִיךְ לְגַלֵּחַ עַל פֶּתַח הַמִּקְדָּשׁ וְלֹא לְהַשְׁלִיךְ שְׂעָרוֹ עַל הָאֵשׁ. וּבֵין שֶׁגִּלֵּחַ בַּמְּדִינָה אוֹ בַּמִּקְדָּשׁ שְׂעָרוֹ אָסוּר בַּהֲנָאָה וְטָעוּן קְבוּרָה וְאֶפְרוֹ אָסוּר כְּאֵפֶר כָּל הַנִּקְבָּרִים. וְהַמְגַלֵּחַ בַּמִּקְדָּשׁ אִם הִשְׁלִיכָן תַּחַת דּוּד הָאָשָׁם יָצָא:

15

When a nazirite becomes impure through contact with a corpse on several occasions, whether he was warned about each individual time or he was not warned about each individual time,51 he brings only one [set of] sacrifices for all the times he became impure.

When does the above apply? When he becomes impure a second time before he brings the sacrifices [associated with emerging from] impurity the first time, but was delayed for several days after he regain ritual purity from bringing his sin offering and contracted impurity in those days.52 [In such a situation], he only brings one sacrifice. When, however, he contracted impurity, became ritually pure, and brought his sin offering, should he contract impurity a second time after bringing his sin offering, he is required to bring a second set of sacrifices even though he has not brought his guilt offering or his burnt offering.

טו

נָזִיר שֶׁנִּטְמָא טֻמְאוֹת הַרְבֵּה בֵּין שֶׁהִתְרוּ בּוֹ עַל כָּל אַחַת וְאַחַת וּבֵין שֶׁלֹּא הִתְרוּ בּוֹ עַל כָּל אַחַת וְאַחַת אֵינוֹ מֵבִיא עַל טֻמְאוֹתָיו אֶלָּא קָרְבָּן אֶחָד. בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁנִּטְמָא פַּעַם שְׁנִיָּה קֹדֶם שֶׁיָּבִיא קָרְבְּנוֹת טֻמְאָה הָרִאשׁוֹנָה וְאַף עַל פִּי שֶׁנִּתְאַחֵר כַּמָּה יָמִים אַחַר טָהֳרָתוֹ קֹדֶם הֲבָאַת חַטָּאתוֹ וְנִטְמָא בְּאוֹתָן הַיָּמִים אֵינוֹ מֵבִיא אֶלָּא קָרְבָּן אֶחָד. אֲבָל אִם נִטְמָא וְטָהַר וְהֵבִיא חַטָּאתוֹ וְנִטְמָא פַּעַם שְׁנִיָּה אַחַר שֶׁהֵבִיא חַטָּאתוֹ אַף עַל פִּי שֶׁעֲדַיִן לֹא הֵבִיא אֲשָׁמוֹ וְעוֹלָתוֹ חַיָּב בְּקָרְבָּנוֹת אֲחֵרוֹת:

16

[The following rules apply when] a nazirite performed the shaving [required when completing his vow in] purity and afterwards discovered that he had contracted the ritual impurity [stemming from contact with a corpse] in the midst of the days of his vow. If he became impure due to a [the source for] impurity that was known [by others], all [of the days of his vow] are invalidated.53 He must bring the sacrifices [required when emerging from] impurity, perform the shaving [required when emerging from] impurity, count [the days of] another nazirite vow, and bring the sacrifices [required when completing his vow in] purity.

If he became impure due to [a source of] impurity [likened to] the depths,54 he does not invalidate [the days he observed].55 This is a law communicated by the Oral Tradition.56

טז

נָזִיר שֶׁגִּלֵּחַ תִּגְלַחַת טָהֳרָה וְאַחַר כָּךְ נוֹדַע שֶׁטָּמֵא הָיָה בְּתוֹךְ יְמֵי נִזְרוֹ. אִם בְּטֻמְאָה יְדוּעָה נִטְמָא סָתַר הַכּל. וּמֵבִיא קָרְבְּנוֹת טֻמְאָה וּמְגַלֵּחַ תִּגְלַחַת טֻמְאָה וּמוֹנֶה נְזִירוּת אַחֶרֶת וּמֵבִיא קָרְבְּנוֹת טָהֳרָה. וְאִם בְּטֻמְאַת הַתְּהוֹם נִטְמָא אֵינוֹ סוֹתֵר. וְדָבָר זֶה הֲלָכָה מִפִּי הַקַּבָּלָה:

17

If he discovered that he was impure - whether from a known [source of] impurity or [a source of] impurity [likened to] the depths - before the blood from one of his sacrifices57 was sprinkled upon him, all [the days] are invalidated.58 If he discovers this after the blood from one of his sacrifices was sprinkled upon him,59 [should this be] an unknown [source of] impurity, it does not invalidate [the days] even though he has not performed his shaving yet.

יז

וְאִם עַד שֶׁלֹּא נִזְרַק עָלָיו אֶחָד מִן הַדָּמִים נוֹדַע שֶׁהוּא טָמֵא. בֵּין בְּטֻמְאָה יְדוּעָה בֵּין בְּטֻמְאַת הַתְּהוֹם סוֹתֵר הַכּל. נוֹדַע לוֹ אַחַר שֶׁנִּזְרַק אֶחָד מִן הַדָּמִים אַף עַל פִּי שֶׁלֹּא גִּלֵּחַ הוֹאִיל וְטֻמְאָה שֶׁאֵינָהּ יְדוּעָה הִיא אֵינוֹ סוֹתֵר:

18

What is meant by impurity [likened to] the depths?60 [A human corpse which] no one, not even one at the end of the world knows about. The concept of impurity [likened to] the depths applies only with regard to a person who died naturally, but not to a person who was killed. For the killer knows [of the existence of the corpse].61

יח

אֵי זוֹ הִיא טֻמְאַת הַתְּהוֹם. כָּל שֶׁאֵין אָדָם מַכִּירָהּ אֲפִלּוּ בְּסוֹף הָעוֹלָם. וְלֹא אָמְרוּ טֻמְאַת הַתְּהוֹם אֶלָּא לְמֵת בִּלְבַד אֲבָל הָרוּג לֹא שֶׁהֲרֵי יוֹדֵעַ בּוֹ זֶה שֶׁהֲרָגוֹ:

19

When a corpse is found in open view, this is not considered impurity [likened to] the depths.62 If a corpse is found sunk in the earth of a cave while covered with water, this is impurity [likened to] the depths which is not known. If [it is discovered] buried in straw or in pebbles, it is impurity [likened to] the depths.63 If [it is discovered] in water in the dark or clefts of the rocks, it is not impurity [likened to] the depths.64

יט

נִמְצָא הַמֵּת גָּלוּי אֵין זֶה טֻמְאַת הַתְּהוֹם. נִמְצָא מֻשְׁקָע בְּקַרְקָעִית מְעָרָה וְהַמַּיִם עַל גַּבָּיו הֲרֵי זֶה טֻמְאַת הַתְּהוֹם שֶׁאֵינָהּ יְדוּעָה. הָיָה טָמוּן בְּתֶבֶן אוֹ בִּצְרוֹרוֹת הֲרֵי זוֹ טֻמְאַת הַתְּהוֹם. בְּמַיִם בַּאֲפֵלָה וּבִנְקִיקֵי הַסְּלָעִים אֵינָהּ טֻמְאַת הַתְּהוֹם:

20

[The following rule applies when] a nazirite who became impure through contact with a corpse goes down to a cave and immerses there,65 brings the sacrifices required [after emerging from] impurity, counts [the days of his] nazirite vow, performs the shaving [required after completing the vow in] purity, and afterwards, discovers that there was a corpse sunk in the earth of the cave when he descended to immerse himself. Although this is an unknown source of impurity, all of the days are invalidated. [The rationale is that] his impurity was an established fact and hence, that condition is presumed to continue until he definitely purified himself.66

[In the above situation, if a nazirite] descended to [the pool] to cool himself off, he is ritually pure until he has certain [knowledge] that he touched the corpse.67 If the corpse is found floating on the water, we presume that [the nazirite] is impure. Since [the corpse] is floating, we operate under the presumption that [the nazirite] touched it.68

כ

נָזִיר שֶׁנִּטְמָא בְּמֵת וְיָרַד וְטָבַל בַּמְּעָרָה וְהֵבִיא קָרְבְּנוֹת טֻמְאָה וּמָנָה נְזִירוּת וְגִלֵּחַ תִּגְלַחַת טָהֳרָה וְאַחַר כָּךְ נוֹדַע שֶׁמֵּת הָיָה מֻשְׁקָע בְּקַרְקָעִית הַמְּעָרָה כְּשֶׁיָּרַד לִטְבּל אַף עַל פִּי שֶׁהִיא טֻמְאָה שֶׁאֵינָהּ יְדוּעָה סָתַר הַכּל. מִפְּנֵי שֶׁהֻחְזַק לְטֻמְאָה וְחֶזְקַת הַטָּמֵא טָמֵא עַד שֶׁיִּטְהַר וַדַּאי. יָרַד לְהָקֵר הֲרֵי זֶה טָהוֹר עַד שֶׁיֵּדַע שֶׁנָּגַע. נִמְצָא הַמֵּת צָף עַל פְּנֵי הַמַּיִם הֲרֵי זֶה בְּחֶזְקַת טָמֵא. שֶׁחֶזְקָתוֹ שֶׁנָּגַע בָּזֶה שֶׁהוּא צָף:

Test Yourself on This Chapter

Footnotes
1.

Thus if he drank wine for ten days in a thirty day nazirite period, he need not observe more than the thirty days.

2.

See Chapter 5, Halachah 11.

3.

I.e., the ruling is not dependent on his intent, but on the fact, is the majority of his head shaven or not.

4.

I.e., and growing such a mane of hair takes 30 days.

5.

According to the Rambam, the same ruling applies whether the nazirite vow is for 30 days or longer.

6.

See Halachah 11

7.

I.e., the thirtieth day of an ordinary nazirite vow or the last day of a prolonged vow.

8.

I.e., thus had he taken a prolonged nazirite vow, he will benefit from the observance of all the days beyond the minimum of thirty. The commentaries discuss whether the invalidation of the 30 days is a Sciptural requirement or a Rabbinic decree.

9.

See Chapter 8, Halachah 1.

10.

For once the blood is sprinkled upon him, he is considered to have completed his nazirite vow (Nazir 46a; see also Chapter 8, Halachah 5).

11.

I.e., the sacrifices other than the one whose blood was sprinkled on him. They were disqualified because of the impurity he contracted.

12.

For while a person is impure due to ritual impurity contracted from contact with a corpse, we do not offer any sacrifices for him (Hilchot Bi'at HaMikdash).

13.

E.g., after an ordinary nazirite vow on the thirty-second day or on the hundred and second day if he took a nazirite vow for 100 days (Meiri, Nazir 14b).

14.

Our text reflects the version of the Mishneh Torah in authoritative manuscripts and early printings. The standard version of the text reads somewhat differently.

15.

Even though he has neither shaved, nor brought his sacrifices (Meiri, loc. cit.).

16.

I.e., the sacrifices that must be brought when a nazirite becomes impure, as described in Halachah 11.

17.

And he must observe the relevant prohibitions.

18.

See Chapter 5, Halachah 17.

19.

This is the requirement to be observed when emerging from the impurity associated with a human corpse, as described in Hilchot Parah Adumah 11:1. If the impure person has the ashes sprinkled upon him on after the third day of his impurity, the second sprinkling must be performed four days afterwards.

20.

As stated in the following halachah, such a person is not required to bring any sacrifices after emerging from impurity. Hence, he may begin counting from the seventh day when he becomes ritually pure. Since a nazirite who becomes impure is required to bring sacrifices on the eighth day (see Halachah 11), he does not begin counting the days of his nazirite vow until that day (Kessef Mishneh).

21.

Even though he contracts impurity there, as stated in the previous halachah.

22.

I.e., provided he remains there for the time it takes to prostrate oneself (Chapter 5, Halachah 19).

23.

I.e., since he is not required to bring a sacrifice, he is not required to shave (Radbaz). The commentaries question, however, why the Rambam mentions a warning in regard to shaving. The only halachic context where a warning is relevant is with regard to lashes. The Radbaz explains that a printing error crept into the text and the proper version should read: "If he was warned not to take a nazirite vow while there, he is liable for lashes. He should not shave his hair...." The Kessef Mishneh also suggests a similar, but not identical emendation. It must, however, be noted that the present version of the text is found in many authoritative manuscripts and early printings of the Mishneh Torah. The Kiryat Sefer attempts to explain its meaning.

24.

See Chapter 7, Halachot 2-6. The impurity imparted by the cemetery itself is never sufficient to warrant shaving as explained there.

25.

Since he was not pure at the time he took the nazirite vow, he is not required to shave when he incurs impurity.

26.

Without his consent. If he acted with his consent, he is liable, as stated in Chapter 5, Halachah 18.

27.

From Chapter 5, Halachah 19, one might think that the nazirite would be liable, because he remained in the cemetery in a state of ritual impurity. Indeed, the Ra'avad argues that he should be held liable if he remains. Nevertheless, according to the Rambam's understanding of Nazir 17b, it can be explained that possibly, a distinction can be made between a nazirite who took his vow outside the cemetery and one who took his vow inside the cemetery in such a situation. The rationale is that if he was a nazirite previously, entry into the cemetery in a closed container put him in a precarious position. Hence, he is liable if he remains there. In this instance, since he was not a nazirite previously, there is no difficulty with his entry. Hence he is not liable for remaining (Ma'aseh Rokeach). The Radbaz does not accept this explanation and maintains that here, the nazirite is not liable only because he was not given a warning.

28.

For although it is questionable whether he is liable according to Scriptural Law, he is definitely treating his nazirite vow lightly. Hence, he is given this punishment according to Rabbinic Law.

29.

This is also speaking about a nazirite who accepted his nazirite vows in a cemetery.

30.

Since he did not emerge from ritual impurity, even though he left the cemetery, the laws stated in Halachah 8 apply and he is not required to bring a sacrifice even if he certainly becomes impure in a manner which would ordinarily require a nazirite to bring a sacrifice upon his emergence from impurity.

31.

I.e., performed the rites necessary to emerge from ritual impurity.

32.

I.e., the days he counted before reentering the cemetery. The days he spent in the cemetery are not counted, as indicated by Chapter 7, Halachah 7. As evident from the continuation of the halachah, this applies in an instance when he is not certain that he contracted impurity for which he is liable according to Scriptural Law.

33.

And he must count only 29 days afterwards rather than 30. In actual fact, he is a nazirite who was ritually pure and contracted impurity. Nevertheless, his counting begins on the seventh day and not the eighth (as one might think based on Halachah 7). The rationale is since he originally accepted his nazirite vow in a cemetery, he is governed by the laws that apply in such an instance (Radbaz).

34.

Although he was impure previously, his contracting impurity in this manner is significant enough for him to be required to bring the required sacrifices.

35.

He must, however, have waited at least two days outside the cemetery. For as the Rambam states in Halachah 6, only two or more days can be invalidated.

37.

See Hilchot Parah Adumah 11:1.

39.

A smaller, wild variety of the dove family. See Hilchot Issurei Mizbeiach 3:2 for more particulars.

40.

Ordinary domesticated doves.

41.

After purifying himself on the seventh day (Kessef Mishneh).

42.

As stated in Hilchot Shegagot 3:11, this is in contrast to all other guilt offerings required by the Torah.

43.

I.e., even if he brings them on a later date, it is not significant.

44.

Because until he immerses himself and waits until sunset, he is not pure and cannot bring his sacrifices.

45.

For the sin offering is the primary factor leading to his emergence from impurity. See Halachah 15.

46.

These acts are required for the shaving required after a nazirite completes his vow in purity. See Chapter 8, Halachah 2.

47.

Numbers 6:11 describes his hair as "holy." Implied is that it is forbidden to benefit from it (Radbaz).

48.

See Hilchot Pesulei HaMukdashim 19:12-14.

49.

I.e., on the Temple Mount. Alternatively, it could refer to someone who entered the Women's Courtyard (where the nazirites perform the shaving associated with completing their vows in ritual purity).

50.

I.e., he is seeking to emulate a nazirite who shaves after completing his vow in purity who casts his hair under the pot where his peace offering is being cooked. There is a difference of opinion among the Sages (Nazir, Tosefta 4:5) if it is desirable to emulate that act. The Rambam follows the view that at the outset, the hair should be buried and not destroyed by fire. Nevertheless, all authorities agree that after the fact, the shaving is acceptable if the hair is burnt.

51.

As stated in Chapter 5, Halachah 16, if a person receives a warning, he receives lashes for every time he contracts impurity. Nevertheless, these warnings have nothing to do with the concept of ritual impurity and have no effect upon it (Radbaz).

52.

As evident from Halachah 13, bringing the sin offering is the determining factor in a nazirite's resumption of the counting of the days of his nazirite vows. Hence, if he has not brought that sacrifice, the two times he contracted ritual impurity can be covered by one sin offering.

53.

As stated in Halachah 3. Since he was impure, the fact that he completed the observance of his nazirite vow is not significant.

54.

See Halachah 18.

55.

And he is considered to have completed his nazirite vow.

56.

I.e., this is not a concept that can be derived through the principles of Biblical exegesis or through deductive logic. Instead, it is part of the Oral Tradition communicated to Moses at Sinai (the Rambam's Commentary to the Mishnah, Nazir 9:2).

57.

Seemingly, this applies to any one of the sacrifices, not only the sin offering.

58.

For until the blood is sprinkled upon him, he has not concluded his nazirite vow.

59.

For this completes the observance of the nazirite vow. Afterwards, he may drink wine and become impure.

60.

Just like mortal wisdom cannot fathom the extent of the depths, so, too, the existence of this corpse is not known to any mortal (Rav Ovadiah of Bartenura, Parah 3:2).

61.

The Radbaz states that it must be apparent that the person was killed by another human and not an animal. It must be noted that the Ra'avad differs with the Rambam's ruling, but the Radbaz supports the Rambam's position.

62.

For it is likely it was seen by others.

63.

In all of these instances, it is highly possible that no other person knew about the impurity.

64.

In these instances, though it is difficult for a person from the outside to see the corpse, since it is possible that he will, the impurity is considered to be public knowledge.

65.

I.e., to conclude the process of emerging from ritual impurity.

66.

Thus in this instance, since it is possible that he touched the corpse when immersing, we are not certain that he purified himself. In the previous halachot, leniency was granted, because the nazirite was ritually pure. Hence we presume that he continues in that state unless we know for certain that he became impure. In this instance, however, he already was impure. Hence we presume that he remains in this state until we know for certain that he has regained purity.

67.

I.e., we follow the logic mentioned in the previous note with regard to the situation when a nazirite is ritually pure.

68.

In Hilchot Sha'ar Avot HaTumah 14:3, the Rambam writes that if one is in doubt whether he touched a dead lizard floating on water, he is ritually pure, but concludes that this principle applies only with regard to impurity resulting from contact with a dead lizard and not to similar situations applying with regard to other sources of impurity. The rationale is that we follow the principle: When a doubt concerning ritual impurity arises in a private place, we rule stringently. Since the corpse is floating and can be seen, we do not consider it an unknown source of impurity.

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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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