משנה: נָזִיר שֶׁהָיָה טָמֵא בְּסָפֵק וּמוּחְלָט בְּסָפֵק אוֹכֵל בַּקֳדָשִׁים אַחַר שִׁשִׁים יוֹם. וְשׁוֹתֶה בַּיַּיִן וּמִיטַּמֵּא לַמֵּתִים אַחַר מֵאָה וְעֶשְׂרִים יוֹם שֶׁתִּגְלַחַת הַנֶּגַע דּוֹחָה תִגְלַחַת הַנָּזִיר בִּזְמַן שֶׁהִיא וַדַּאי אֲבָל בִּזְמַן שֶׁהִיא סָפֵק אֵינָהּ דּוֹחָה. MISHNAH: A nazir who was doubtfully impure and doubtfully definitely [suffering from skin disease]72A person who has completed the 30 days of his nazir vow but is not sure whether or not he became impure from the impurity of the dead in his period of nezirut. Also, he was recently healed from skin disease. The sufferer from skin disease is called “definitively suffering from the disease” only if the conditions for impurity apply and he was declared impure by a Cohen(Leviticus.13.8">Lev. 13:8,Leviticus.13.11">11,Leviticus.13.20">20,Leviticus.13.22">22,Leviticus.13.25">25,Leviticus.13.27">27,Leviticus.13.30">30,Leviticus.13.44">44). A definitively suffering person has to be cleansed by the ritual of Leviticus.14.1-32">Lev. 14:1–32 which includes repeated shavings of all his hair. In the case treated in the Mishnah, the person was in a group where one was declared definitively affected, but the Cohen does not remember whom in particular he declared impure. may eat sacrificial meat after 60 days73After he was healed from skin disease, purified from his impurity, and has completed the 30 days of his vow, he shaves the first time for his rehabilitation from skin disease. He cannot do it before he has completed the 30 days since he might be a pure nazir for whom it is forbidden to shave for a possible impurity of skin disease, as explained at the end of the Mishnah. He then should count seven days and shave a second time, but he cannot do that since he might have been impure and the shaving was not for his skin disease but for his impurity. Therefore, he can shave a second time and finish his purification from skin disease after an additional nazir period of 30 days; then he is able to partake of sacrificial meat. and drink wine and become impure by the dead after 120 days74He cannot drink wine after 60 days since he might have been definitively sick but pure from the impurity of the dead; the period of his impurity as a sufferer from skin disease is not counted for his nezirut (Nazir 7:3:2-6" href="/Jerusalem_Talmud_Nazir.7.3.2-6">Halakhah 7:3), which he has to keep for another 30 days. He cannot drink wine after 90 days since he might have been both definitively sick and impure from the impurity of the dead; his three shavings take care of the impurities both of skin disease and of the impure nazir; he has satisfied his obligations after 120 days and four shavings. The details of the required procedures and sacrifices are explained in the Halakhah., since the shaving for skin disease supersedes the shaving of the nazir when it is certain, but when it is in doubt it does not supersede.
הלכה: אֵי זֶהוּ מוּחְלָט מִסָּפֵק. שְׁנַיִם שֶׁבָּאוּ אֶצְלוֹ וְהֶחֱלִיט אֶת אֶחָד מֵהֶן וְלֹא הִסְפִּיק לְהַחֲלִיט אֶת הַשֵּׁינִי עַד שֶׁנֶּחְלְפוּ לוֹ. זֶהוּ מוּחְלָט בְּסָפֵק. הָדָא הִיא דְתַנֵּי רִבִּי חִייָה. סָפֵק נָזִיר טָמֵא סָפֵק נָזִיר טָהוֹר אֲבָל נָזִיר וַדַּאי הָיָה. סָפֵק מְצוֹרָע טָמֵא סָפֵק מְצוֹרָע טָהוֹר אֲבָל מְצוֹרָע וַדַּאי הָיָה. אוֹכֵל בַּקֳּדָשִׁים אַחַר ס̇ יוֹם. וְשׁוֹתֶה יַיִן וּמִיטַּמֵּא לַמֵּתִים לְאַחַר ק̇כ̇ יָמִים. כֵּיצַד. אָֽמְרוּ לוֹ. נָזִיר טָמֵא אַתָּה. צֵא וּמְנֵה שִׁבְעָה וְהִזָּה וְשִׁנָּה וְגִילַּח וְהֵבִיא. מָנָה שִׁבְעָה וְרָצָה לְגַלֵּחַ. אָֽמְרוּ לוֹ. נָזִיר טָמֵא. צֵא וּמְנֵה שִׁבְעָה וְהַשְׁלִימָן לִשְׁלֹשִׁים. מָנָה שְׁלֹשִׁים וְרָצָה לְגַלֵּחַ. אָֽמְרוּ לוֹ. נָזִיר טָהוֹר אַתָּה. וְאֵין נָזִיר טָהוֹר מְגַלֵּחַ עַל מִינֵי דָמִים. הֲרֵי זֶה מֵבִיא עוֹלָה וּמְגַלֵּחַ עָלֶיהָ. חַטָּאת הָעוֹף וּמַתְנֶה עָלֶיהָ. וְאוֹמֵר. אִם טָמֵא הָיִיתִי. הַחַטָּאת מֵחוֹבָתִי וְהָעוֹלָה נְדָבָה. אִם טָהוֹר. הָעוֹלָה מֵחוֹבָתִי וְהַחַטָּאת סָפֵק. מְגַלֵּחַ אֶת רֹאשׁוֹ וְאֶת זְקָנָיו וְאֶת גַּבּוֹת עֵינָיו כְּדֶרֶךְ שֶׁמְצוֹרָע מְגַלֵּחַ. HALAKHAH: Who is doubtfully definitely [suffering]? Two who came to him75To a Cohen knowledgeable in the diagnosis of skin disease.. He declared one of them definitively affected but before he could declare the second one definitively affected, they were changed for him76Since he does no longer recognize them, he cannot declare the second one definitively impure, even though he realizes that both of them satisfy all criteria of impurity, since the Cohen may not see two cases together (Mishnah Nega‘im 3:1), and by now both are healed (cf. S. Lieberman, Tosefta kiFshutah Nezirut p. 563.). That is a doubtfully definitely [suffering person]. This is the one about whom Rebbi Ḥiyya stated77Tosephta Nazir 6:1. (Cf. Zevachim 76a" href="/Tosafot_on_Zevachim.76a">Tosaphot Zebaḥim 76a, Menachot.105a">Menaḥot 105a, Niddah.70a">Niddah 70a, all s.v. למחרת.): A nazir, in doubt whether impure or pure, but certainly he was a nazir. A sufferer from skin disease, in doubt whether impure or pure, but certainly he was a sufferer from skin disease. He eats from sacrificial meat after 60 days, drinks wine and defiles himself for the dead after 120 days. How is that? One said to him, you are an impure nazir, go count seven [days]. He sprinkled, repeated, shaved, and brought78The offerings of two birds required from the impure nazir. The sentence can also be interpreted as imperative: Go count seven [days], sprinkle, repeat (on day 7), shave (on day 7), and bring! The Erfurt text of the Tosephta is self־contradictory; it is partially vocalized הַיזה ושנה וגַילח; the consonantal text is in the imperfect, the punctuation in the imperative.. He then counted seven [days] and wanted to shave. One said to him, impure nazir, go count seven [days] and continue for 30. He counted 30 [days] and wanted to shave. One said to him, you are a pure nazir, does not a pure nazir shave on kinds of blood79He cannot shave without an appropriate sacrifice. In the Tosephta, the sentence is declarative: וְאֵין נָזִיר טָהוֹר מְגַלֵּחַ אֶלָּא עַל הַדָּמִים “a pure nazir shaves only on a bloody sacrifice”.? He brings an elevation offering and shaves on it, a bird purification offering and stipulates, saying: “If I was impure, the purification offering is my obligation and the elevation offering is voluntary. If I was pure, the elevation offering is my obligation and the purification offering is in doubt.7The sacrifice of impurity consists of two birds. The one offered as elevation sacrifice can be given as obligation, if there was impurity, or as voluntary gift, if there was none. The bird offered as purification sacrifice cannot be eaten by the priests; after its blood was used, it has to be burned outside the Temple precinct (Temurah 7:6" href="/Mishnah_Temurah.7.6">Mishnah Temurah 7:6).” He shaves his head, his beard, and his eyebrows in the way the sufferer from skin disease shaves80Leviticus.14.9">Lev. 14:9..
כֵּיצַד עוֹשִׂין לוֹ לְהַחֲמִיר. מֵבִיא שְׁתֵּי צִיפּוֹרֵי דְּרוֹר. שׁוֹחֵט אֶחָד מֵהֶן עַל כְּלִי חֶרֶשׂ עַל מַיִם חַיִים. חוֹפֵר וְקוֹבְרָהּ בְּפָנָיו וָאֲסוּרָה בַהֲנָייָה. וְגִילַּח רֹאשׁוֹ וּזְקָנוֹ וְגַבּוֹת עֵינָיו כְּדֶרֶךְ שֶׁמְצוֹרָעִין מְגַלְּחִין אוֹתָהּ. וּמוֹנִין שְׁלֹשִׁים יוֹם וּמֵבִיא עוֹלַת בְּהֵמָה אֲחֶרֶת וּמַתְנֶה עָלֶיהָ וְאוֹמֵר. אִם טָמֵא הָיִיתִי הָעוֹלָה הָרִאשׁוֹנָה נְדָבָה אוֹ חוֹבָה וְהַחַטָּאת מֵחוֹבָתִי. וְאִם טָהוֹר הָיִיתִי הָעוֹלָה הָרִאשׁוֹנָה חוֹבָה אוֹ נְדָבָה וְהַחַטָּאת סָפֵק. מְגַלֵּחַ רֹאשׁוֹ וּזְקָנוֹ וְגַבּוֹת עֵינָיו כְּדֶרֶךְ שֶׁמְצוֹרָע מְגַלֵּחַ. 77Tosephta Nazir 6:1. (Cf. Zevachim 76a" href="/Tosafot_on_Zevachim.76a">Tosaphot Zebaḥim 76a, Menachot.105a">Menaḥot 105a, Niddah.70a">Niddah 70a, all s.v. למחרת.) How does one deal with him in a restrictive way? He brings two swallows and slaughters one of them over a clay vessel filled from running water; one digs und buries it, for it is forbidden for usufruct81Mishnah Nega‘im 14:1 (Leviticus.14.4-5">Lev. 14:4–5).. He shaves his head, beard, and eyebrows in the way the sufferers from skin disease do. He counts 30 days and brings another animal as elevation offering, saying: “If I was impure, the first elevation offering was voluntary and this one82This translation follows the Tosephta text. In ms. and editio princeps at both places אוֹ “or” instead of וְזֶה “and this one”. is obligatory, and the purification offering is my obligation. If I was pure, the first elevation offering was my obligation, this one82This translation follows the Tosephta text. In ms. and editio princeps at both places אוֹ “or” instead of וְזֶה “and this one”. is voluntary, and the purification offering is in doubt.7The sacrifice of impurity consists of two birds. The one offered as elevation sacrifice can be given as obligation, if there was impurity, or as voluntary gift, if there was none. The bird offered as purification sacrifice cannot be eaten by the priests; after its blood was used, it has to be burned outside the Temple precinct (Temurah 7:6" href="/Mishnah_Temurah.7.6">Mishnah Temurah 7:6).” He shaves his head, his beard, and his eyebrows in the way the sufferer from skin disease shaves80Leviticus.14.9">Lev. 14:9..
רִבִּי שִׁמְעוֹן אוֹמֵר. לְמָחֳרָת הוּא מֵבִיא אֲשָׁמוֹ וְלוֹג שֶׁמֶן עַל גַּבָּיו וּמַתְנֶה עָלֶיהָ וְאוֹמֵר. אִם טָמֵא הָיִיתִי הֲרֵי הִיא חוֹבָתִי וְאִם לָאו הֲרֵי הוּא סְפֵיקִי. וְיִשְׁחוֹט בַּצָּפוֹן וְטָעוּן מַתַּן בְּהוֹנוֹת וְנֶאֱכַל לְזִכְרֵי כְהוּנָּה בְּכָל־מָקוֹם לְיוֹם וָלַיְלָה עַד חַצּוֹת. אֲבָל חֲכָמִים הוֹדוּ לְרִבִּי שִׁמְעוֹן שֶׁהוּא מֵבִיא אֶת הַקֳּדָשִׁים לְבֵית הַפְּסוּל. 77Tosephta Nazir 6:1. (Cf. Zevachim 76a" href="/Tosafot_on_Zevachim.76a">Tosaphot Zebaḥim 76a, Menachot.105a">Menaḥot 105a, Niddah.70a">Niddah 70a, all s.v. למחרת.)Rebbi Simeon said: On the next day83As required in the purification ritual for the sufferer from skin disease, Leviticus.14.10">Lev. 14:10., he brings his reparation sacrifice84The healed person has to bring three sacrifices (Leviticus.14.10">Lev. 14:10,Leviticus.21-22">21–22), but only the sheep as reparation sacrifice is needed in the purification ceremony. and a log85A log is .533 1. of oil with it and says: If I was impure, this is my obligatory offering, otherwise it is my doubtful offering86This text cannot be accepted; it makes no sense and contradicts the last statement in the Halakhah. The text should be replaced by the corresponding one in the Tosephta: וְאִם לָאו הֲרֵי זֶה שַׁלְמֵי נְדָבָה "otherwise, it should be a voluntary well-being offering". It is impossible to bring a reparation offering except for an obligation but a well-being offering is voluntary in almost all cases.. He slaughters in the North87Since a reparation offering is “most holy”, it must be slaughtered to the North of the altar (Leviticus.7.2">Lev. 7:2). The Tosephta adds that the sacrifice also needs the obligatory gifts accompanying a well-being offering., it needs giving on the thumbs88Blood of the sacrifice and oil from the flask have to be put on the convalescent’s right earlobe, right thumb, and right great toe (Leviticus.14.14">Lev. 14:14,Leviticus.14.17">17)., and it is eaten by male Cohanim at any place89Any place within the Temple precinct; Leviticus.7.6">Lev. 7:6, Zevachim 5:5" href="/Mishnah_Zevachim.5.5">Mishnah Zebaḥim 5:5). during the day and the following night until midnight. But the Sages did [not]90Text of the Tosephta, required by the context. agree with Rebbi Simeon because he causes sacrifices to become invalid91Well-being sacrifices may be eaten by all pure Israelites for two days and the intervening night, reparation sacrifices only by priests and only for a day and half a night. There is a likelyhood that some of the meat of the reparation sacrifice will become invalid after midnight; it has to be burned outside the Temple precinct. This is an alienation from the original purpose and has to be avoided..
הָבִיא חַטָּאת בְּהֵמָה אֵינוֹ יָכוֹל שֶׁאֵין לוֹ חַטָּאת בְּהֵמָה. חַטָּאת הָעוֹף אֵינוֹ יָכוֹל שֶׁהֲרֵי עָשִׁיר שֶׁהֵבִיא קָרְבָּן עָנִי לֹא יָצָא. כֵּיצַד יַעֲשֶׂה. יִכְתּוֹב נְכָסָיו לְאַחֵר וְיָבִיא קָרְבָּן עָנִי. נִמְצָא עָשִׁיר מֵבִיא חַטָּאת עוֹף. וּמַתְנֶה עָלֶיהָ וְאוֹמֵר. אִם טָמֵא הָיִיתִי הֲרֵי זֶה חוֹבָתִי. וְאִם לָאו הֲרֵי הוּא סָפֵק. 77Tosephta Nazir 6:1. (Cf. Zevachim 76a" href="/Tosafot_on_Zevachim.76a">Tosaphot Zebaḥim 76a, Menachot.105a">Menaḥot 105a, Niddah.70a">Niddah 70a, all s.v. למחרת.) He cannot bring an animal as purification sacrifice since he does not have the right to an animal purification sacrifice92The Tosephta is more explicit: “Because an animal purification sacrifice cannot be offered in case of doubt.”. He cannot bring a bird as purification sacrifice93The offering of the poor person healed from skin disease, Leviticus.14.22">Lev. 14:22. since a rich person who brought the sacrifices prescribed for a poor person did not fulfill his obligation94Mishnah Nega‘im 14:12.. What can he do? He shall write his property over to another person95Then he is poor. and bring the sacrifices prescribed for a poor person; this enables the rich person to bring a bird as a purification sacrifice. He stipulates and says: If I was impure, that is my obligation. Otherwise, this is in doubt7The sacrifice of impurity consists of two birds. The one offered as elevation sacrifice can be given as obligation, if there was impurity, or as voluntary gift, if there was none. The bird offered as purification sacrifice cannot be eaten by the priests; after its blood was used, it has to be burned outside the Temple precinct (Temurah 7:6" href="/Mishnah_Temurah.7.6">Mishnah Temurah 7:6)..
אוֹכֵל בַּקֳּדָשִׁים מִיָּד. לִשְׁתּוֹת יַיִן וְלִיטַּמֵּא לַמֵּתִים אֵינוֹ יָכוֹל. שֶׁאֵין נְזִירוּתוֹ עוֹלָה לוֹ מִתּוֹךְ צָרְעָתוֹ. 77Tosephta Nazir 6:1. (Cf. Zevachim 76a" href="/Tosafot_on_Zevachim.76a">Tosaphot Zebaḥim 76a, Menachot.105a">Menaḥot 105a, Niddah.70a">Niddah 70a, all s.v. למחרת.) He may eat sacrificial meat immediately. He cannot drink wine or defile himself for the dead since his nezirut is not counted during the days of his [impurity of] skin disease74He cannot drink wine after 60 days since he might have been definitively sick but pure from the impurity of the dead; the period of his impurity as a sufferer from skin disease is not counted for his nezirut (Nazir 7:3:2-6" href="/Jerusalem_Talmud_Nazir.7.3.2-6">Halakhah 7:3), which he has to keep for another 30 days. He cannot drink wine after 90 days since he might have been both definitively sick and impure from the impurity of the dead; his three shavings take care of the impurities both of skin disease and of the impure nazir; he has satisfied his obligations after 120 days and four shavings. The details of the required procedures and sacrifices are explained in the Halakhah..
מוֹנֶה שְׁלֹשִׁים יוֹם וּמֵבִיא קָרְבְּנוֹתָיו שְׁלֵמִין וּמַתְנֶה עֲלֵיהֶן וְאוֹמֵר. אִם טָמֵא הָיִיתִי הָעוֹלָה הָרִאשֹׁנָה חוֹבָה וְזוֹ נְדָבָה. וְאִם טָהוֹר הָיִיתִי הָעוֹלָה הָרִאשׁוֹנָה נְדָבָה וְזוֹ חוֹבָה. וְהַחַטָּאת סָפֵק. וּמְגַלֵּחַ רֹאשׁוֹ וּזְקָנוֹ וְגַבּוֹת עֵינָיו כול׳. He counts another 30 days and brings all his sacrifices, stipulates, and says: If I was impure, the first elevation offering was obligatory and this one is voluntary. But if I was pure, the first elevation offering was voluntary and this one is obligatory. The purification offering is in doubt. He shaves his head, beard, and eyebrows, etc.96It is difficult to make sense of this text (which has no parallel in the Tosephta). The last sentence is certainly out of place since the ceremonies at the end of 60 days disposed of all possible impurities of the sufferer from skin disease. He cannot bring the entire set of sacrifices of the pure nazir before 120 days, as explained in Nazir 8:2:6" href="/Jerusalem_Talmud_Nazir.8.2.6">Note 74. In addition, since an impure nazir has to bring a bird as elevation offering, rather than a four-legged animal, it is clear that after 120 days the declaration must read: “If I was impure, the first elevation offering was voluntary and this one is obligatory. But if I was pure, the first elevation offering was obligatory and this one is voluntary.” It seems that a paragraph is missing, describing the offering after 90 days (which is parallel to the one after 30 days for the person who might have been impure by the impurity of the dead, Mishnah 3) and that the duly corrected present paragraph describes the sacrifices after 120 days..
כֵּיצַד עוֹשִׂין לוֹ כְּדִבְרֵי בֶּן זוֹמָא. הֲרֵי זֶה מֵבִיא עוֹלַת בְּהֵמָה וּמְגַלֵּחַ עָלֶיהָ חַטָּאת הָעוֹף וּמַתְנֶה עָלֶיהָ וְאוֹמֵר. אִם טָמֵא הָיִיתִי הַחַטָּאת מֵחוֹבָתִי וְהָעוֹלָה נְדָבָה. אִם טָהוֹר הָיִיתִי הָעוֹלָה מֵחוֹבָתִי וְחַטָּאת סָפֵק. מְגַלֵּחַ עָלֵיהָ רֹאשׁוֹ וּזְקָנוֹ וְגַבּוֹת עֵינָיו כול׳. 97This text is hopelessly garbled. It seems that the original text was close to the Tosephta:
כֵּיצַד תַּעֲשֶׂה לוֹ כְדִבְרֵי בֶּן זוֹמָא. סוֹפֵר שְׁלֹשִׁים יוֹם וּמֵבִיא עוֹלַת בְּהֵמָה וּמְגַלֵּחַ וּמֵבִיא חַטַּאת הָעוֹף וּמַתְנֶה עָלֶיהָ וְאוֹמֵר אִם טָמֵא אֲנִי חַטָּאת מֵחוֹבָתִי וְעוֹלָה נְדָבָה אִם טָהוֹר אֲנִי עוֹלָה מֵחוֹבָתִי וְחַטָּאת סָפֵק. וְסוֹפֵר שְׁלֹשִׁים יוֹם וּמֵבִיא קָרְבְּנוֹתָיו שְׁלֵמִים וּמֵבִיא עוֹלַת בְּהֵמָה וּמַתְנֶה עָלֶיהָ וְאָמַר אִם טָמֵא אֲנִי עוֹלָה הָרִאשׁוֹנָה חוֹבָה וְזוֹ נְדָבָה וְחַטַּאת הָעוֹף מֵחוֹבָתוֹ. אִם טָהוֹר אֲנִי עוֹלָה הָרִאשׁוֹנָה נְדָבָה וְזוֹ חוֹבָה וְחַטַּאת הָעוֹף סְפֵיקִי וְשׁוֹתֶה יַיִן וּמִטַּמֵּא לַמֵּתִים מִיָּד. בַּמֶּה דְבָרִים אֲמוּרִים בִּזְמַן שֶׁנָּזַר שְׁלֹשִׁים יוֹם אֲבָל נָזַר שְׁנֵים עָשָׂר חֹדֶשׁ אוֹכֵל בַּקֳּדָשִׁים לְאַחַר שְׁתֵּי שָׁנִים. וְשׁוֹתֶה יַיִן וּמִיטַּמֵּא לַמֵּתִים אַחַר אַרְבַּע שָׁנִים.
How does one treat him according to Ben ZomaaBen Zoma disagrees with R. Simeon and holds that the healed sufferer from skin disease can cleanse himself by the bird purification sacrifice of the poor, without a reparation sacrifice. The Tosephta text also is defective, since Ben Zoma also agrees that complete purification is possible only after four periods. The original statement also must have contained four parts, not two as in the current text.? He counts 30 days, brings an animal elevation offering and shavesbAs Tosaphot explains in Zevachim.76a">Zebaḥim 76a, it is assumed that he already cleansed himself from the impurity of the dead by sprinkling. This shaving is valid if he was not impure from skin disease; it is useless if he was impure from skin disease since then it was not done in the correct framework and nezirut is not counted during his skin disease impurity., a bird as purification offeringcAfter another 30 days., stipulates, and says: “If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. If I was pure, the elevation offering is for my obligation and the purification offering is in doubt.” Then he counts 30 days, brings the completion of his sacrificesdThe well-being offering of the pure nazir. He cannot bring the animal purification offering since this may not be offered in cases of doubt. Naturally, he also shaves for this sacrifice, and he has to stipulate that all sacrifices are either voluntary or in doubt in case he was already completely purified by the prior shavings and an animal elevation offering, stipulates, and says: eThis text is from the Vienna ms. and the editio princeps. The Erfurt ms. reads “If I was impure, the prior purification offering was obligatory, the present one is voluntary, and the bird purification offering is obligatory. If I was pure, the prior elevation offering was voluntary and the present one obligatory; the purification offering is in doubt.” It seems that the two texts are not variations of one another (which would make the Erfurt text obviously erroneous) but residues of two different paragraphs of the original four-part text. “If I was impure, the prior purification offering was voluntary, the present one is obligatory, and the bird purification offering is obligatory. If I was pure, the prior elevation offering was obligatory and the present one voluntary; the purification offering is in doubt.” fThe forth period; its sacrifices and declarations are missing. He immediately drinks wine and defiles himself for the dead. When had this been said? If the vow of nazir was for 30 days. But if his vow was for 12 months, he eats sacrificial meat after two years, drinks wine, and defiles himself for the dead after four years. How does one treat him according to Ben Zoma? He brings an animal elevation offering and shaves for it, a bird as purification offering, stipulates, and says: “If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. If I was pure, the elevation offering is for my obligation and the purification offering is in doubt.” He shaves his head, beard, and eyebrows, etc.98This sentence is out of place here.
שׁוֹתֶה יַיִן וּמִיטַּמֵּא לַמֵּתִים מִיַּד. בַּמֶּה דְבָרִים אֲמוּרִים. בִּזְמַן שֶׁנָּזַר מִתּוֹךְ יְמֵי נְזִירוּתוֹ. אֲבָל אִם נָזַר מִתּוֹךְ יְמֵי צָרְעָתוֹ אוֹכֵל בַּקֳּדָשִׁים אֲפִילוּ לְאַחַר שְׁתֵּי שָׁנִים. שׁוֹתֶה בַּיַּיִן וּמִיטַּמֵּא אַחַר ד̇ שָׁנִים. He may drink wine and defile himself for the dead immediately99There is a possibility that the original text underlying the Halakhah was not that of the Tosephta but referred to the situation mentioned by R. Ze‘ira in the next Halakhah.. When has this been said? If he made the vow of nazir as a nazir, but if he made the vow of nazir as a sufferer from skin disease he might eat sacrificial meat after two years, drink wine, and defile himself for the dead after four years97,This text is hopelessly garbled. It seems that the original text was close to the Tosephta:
כֵּיצַד תַּעֲשֶׂה לוֹ כְדִבְרֵי בֶּן זוֹמָא. סוֹפֵר שְׁלֹשִׁים יוֹם וּמֵבִיא עוֹלַת בְּהֵמָה וּמְגַלֵּחַ וּמֵבִיא חַטַּאת הָעוֹף וּמַתְנֶה עָלֶיהָ וְאוֹמֵר אִם טָמֵא אֲנִי חַטָּאת מֵחוֹבָתִי וְעוֹלָה נְדָבָה אִם טָהוֹר אֲנִי עוֹלָה מֵחוֹבָתִי וְחַטָּאת סָפֵק. וְסוֹפֵר שְׁלֹשִׁים יוֹם וּמֵבִיא קָרְבְּנוֹתָיו שְׁלֵמִים וּמֵבִיא עוֹלַת בְּהֵמָה וּמַתְנֶה עָלֶיהָ וְאָמַר אִם טָמֵא אֲנִי עוֹלָה הָרִאשׁוֹנָה חוֹבָה וְזוֹ נְדָבָה וְחַטַּאת הָעוֹף מֵחוֹבָתוֹ. אִם טָהוֹר אֲנִי עוֹלָה הָרִאשׁוֹנָה נְדָבָה וְזוֹ חוֹבָה וְחַטַּאת הָעוֹף סְפֵיקִי וְשׁוֹתֶה יַיִן וּמִטַּמֵּא לַמֵּתִים מִיָּד. בַּמֶּה דְבָרִים אֲמוּרִים בִּזְמַן שֶׁנָּזַר שְׁלֹשִׁים יוֹם אֲבָל נָזַר שְׁנֵים עָשָׂר חֹדֶשׁ אוֹכֵל בַּקֳּדָשִׁים לְאַחַר שְׁתֵּי שָׁנִים. וְשׁוֹתֶה יַיִן וּמִיטַּמֵּא לַמֵּתִים אַחַר אַרְבַּע שָׁנִים.
How does one treat him according to Ben ZomaaBen Zoma disagrees with R. Simeon and holds that the healed sufferer from skin disease can cleanse himself by the bird purification sacrifice of the poor, without a reparation sacrifice. The Tosephta text also is defective, since Ben Zoma also agrees that complete purification is possible only after four periods. The original statement also must have contained four parts, not two as in the current text.? He counts 30 days, brings an animal elevation offering and shavesbAs Tosaphot explains in Zevachim.76a">Zebaḥim 76a, it is assumed that he already cleansed himself from the impurity of the dead by sprinkling. This shaving is valid if he was not impure from skin disease; it is useless if he was impure from skin disease since then it was not done in the correct framework and nezirut is not counted during his skin disease impurity., a bird as purification offeringcAfter another 30 days., stipulates, and says: “If I was impure, the purification offering is for my obligation and the elevation offering is voluntary. If I was pure, the elevation offering is for my obligation and the purification offering is in doubt.” Then he counts 30 days, brings the completion of his sacrificesdThe well-being offering of the pure nazir. He cannot bring the animal purification offering since this may not be offered in cases of doubt. Naturally, he also shaves for this sacrifice, and he has to stipulate that all sacrifices are either voluntary or in doubt in case he was already completely purified by the prior shavings and an animal elevation offering, stipulates, and says: eThis text is from the Vienna ms. and the editio princeps. The Erfurt ms. reads “If I was impure, the prior purification offering was obligatory, the present one is voluntary, and the bird purification offering is obligatory. If I was pure, the prior elevation offering was voluntary and the present one obligatory; the purification offering is in doubt.” It seems that the two texts are not variations of one another (which would make the Erfurt text obviously erroneous) but residues of two different paragraphs of the original four-part text. “If I was impure, the prior purification offering was voluntary, the present one is obligatory, and the bird purification offering is obligatory. If I was pure, the prior elevation offering was obligatory and the present one voluntary; the purification offering is in doubt.” fThe forth period; its sacrifices and declarations are missing. He immediately drinks wine and defiles himself for the dead. When had this been said? If the vow of nazir was for 30 days. But if his vow was for 12 months, he eats sacrificial meat after two years, drinks wine, and defiles himself for the dead after four years.99There is a possibility that the original text underlying the Halakhah was not that of the Tosephta but referred to the situation mentioned by R. Ze‘ira in the next Halakhah..
אָמַר רִבִּי יוֹחָנָן. זוֹ דִּבְרֵי בֶּן זוֹמָא. אֲבָל דִּבְרֵי חֲכָמִים. לְעוֹלָם הוּא בַחֲלִיטוֹ עַד שֶׁיָּנִיף הָאָשָׁם. רִבִּי יִרְמְיָה בָּעֵי. שֶׁיָּנִיף האדם יְהֵא זֶה בַחֲלִיטוֹ. אָמַר לֵיהּ רִבִּי יוֹסֵי. לָמָּה לֹא. מָצִינוּ כַּמָּה אֲשָׁמוֹת דּוֹחִין מִפְּנֵי סְפֵיקוֹת. דְּתַנִּינָן תַּמָּן. אָשָׁם שֶׁנִּתְעָרֵב בִּשְׁלָמִים. רִבִּי שִׁמְעוֹן אוֹמֵר. שְׁנֵיהֶם יִשָּׁחֵטוּ בַצָּפוֹן וְיֵאָֽכְלוּ כַּחוֹמֶר שֶׁבָּהֶן. אָֽמְרוּ לוֹ. אֵין מֵבִיאִין קֳדָשִׁים לְבֵית הַפְּסוּל. Rebbi Joḥanan said, these are Ben Zoma’s words, but the words of the Sages: Forever is he definitively [impure] until he heave100Leviticus.14.12">Lev. 14:12,Leviticus.14.24">24. the reparation sacrifice101The entire purification of the convalescent from skin disease is by the blood of the reparation sacrifice and the olive oil; the other sacrifices are dependent on the reparation sacrifice; cf. Mishnah Nega‘im 14:11.. Rebbi Jeremiah asked: Why is he definitively [impure] until he heave the reparation sacrifice102This would imply that the nazir who may be impure from the dead and may be definitively impure from skin disease can never cleanse himself for sacrificial meat since R. Simeon’s approach was rejected. The purification of the convalescent in all other respects only depends on the ceremonies described in Leviticus.14.1-9">Lev. 14:1–9, which do not require any sacrifice (Mishnah Nega‘im 14:3; Maimonides Tum’at Ṣara‘at 11:2).? Rebbi Yose said to him, why not? We find several reparation sacrifices which are pushed aside because of doubts! As we have stated there103Zevachim 8:3" href="/Mishnah_Zevachim.8.3">Mishnah Zebaḥim 8:3. The animals should be put out to graze until they develop a blemish, when they can be sold and the money used for new sacrifices. In the meantime, the owners of the sacrifices can fulfill their obligations only by offering substitute animals.: “If a reparation sacrifice was mixed up with a well-being sacrifice, Rebbi Simeon says that both should be slaughtered in the North and eaten following the more restrictive rules. They said to him, one does not cause sacrifices to become invalid91Well-being sacrifices may be eaten by all pure Israelites for two days and the intervening night, reparation sacrifices only by priests and only for a day and half a night. There is a likelyhood that some of the meat of the reparation sacrifice will become invalid after midnight; it has to be burned outside the Temple precinct. This is an alienation from the original purpose and has to be avoided..
רִבִּי יַעֲקֹב דְּרוֹמִיָא בְּעָא קוֹמֵי רִבִּי יוֹסֵי. וְיַעֲשׂוּ לוֹ תַקָּנָה לְיֵינוֹ. אָמַר לֵיהּ. וְגִלַּח הַנָּזִיר פֶּתַח אֹהֶל מוֹעֵד. הָרָאוּי לָבוֹא אֶל פֶּתַח אֹהֶל מוֹעֵד. יָצָא זֶה שֶׁאֵינוֹ רָאוּי לָבוֹא אֶל אֹהֶל מוֹעֵד. Rebbi Jacob the Southerner asked before Rebbi Yose: Could they not arrange something for his wine104Why does the nazir have to wait until the problems arising from the skin disease are resolved, which in the best case takes 2 periods of nezirut and in the worst forever? Why can he not shave twice within eight days to remove the impurity of skin disease (for profane purposes and heave) and then proceed directly to resolve the problem of nezirut?? He said to him, “the nazir shaves at the gate of the Tent of Meeting105Numbers.6.18">Num. 6:18. The nazir cannot proceed to liquidate his vow as long as he is barred from holy places. (Cf. also Nazir 8:2:13" href="/Jerusalem_Talmud_Nazir.8.2.13">Note 110).;” if he is able to appear at the gate of the Tent of Meeting. This excludes him who is unable to appear at the gate of the Tent of Meeting.
שְׂעָרוֹ מָהוּ. רִבִּי יַעֲקֹב בַּר אָחָא. אִיתְפַּלְּגוֹן רִבִּי יוֹחָנָן וְרִבִּי שִׁמְעוֹן בֶּן לָקִישׁ. רִבִּי יוֹחָנָן אָמַר. שְׂעָרוֹ אָסוּר. רִבִּי שִׁמְעוֹן בֶּן לָקִישׁ אָמַר. שְׂעָרוֹ מוּתָּר. רִבִּי זְעִירָה בָּעֵי. בִּמְצוֹרָע שֶׁנָּזַר פְּלִיגִין. אוֹ בְנָזִיר שֶׁנִּצְטָרֵעַ פְּלִיגִין. אִין תֵּימַר. בִּמְצוֹרָע שֶׁנָּזַר פְּלִיגִין. הָא בְנָזִיר שֶׁנִּצְטָרֵעַ דִּבְרֵי הַכֹּל הוּא אָסוּר. אִין תֵּימַר. בְּנָזִיר שֶׁנִּצְטָרֵעַ פְּלִיגִין. הָא בִמְצוֹרָע שֶׁנָּזַר דִּבְרֵי הַכֹּל מוּתָּר. רִבִּי יִרְמְיָה פְּשִׁיטָא לֵיהּ בִּמְצוֹרָע שֶׁנָּזַר פְּלִיגִין. הָא בְנָזִיר שֶׁנִּצְטָרֵעַ דִּבְרֵי הַכֹּל מוּתָּר. What is the status of his hair106The shavings of a nazir are forbidden for usufruct; they must be burned within the Temple precinct (Numbers.6.18">Num. 6:18). But nothing is prescribed for the shavings of the convalescent sufferer from skin disease; therefore, these are permitted for usufruct.? Rebbi Jacob bar Aḥa: Rebbi Joḥanan and Rebbi Simeon ben Laqish disagreed. Rebbi Joḥanan said, his hair is forbidden; Rebbi Simeon ben Laqish said, his hair is permitted. Rebbi Ze‘ira asked: Do they disagree about a sufferer from skin disease who made a vow of nazir or do they disagree about a nazir who became a sufferer from skin disease? If you say that they disagree about a sufferer from skin disease who made a vow of nazir, then for a nazir who became a sufferer from skin disease everybody agrees that it is forbidden107Since his hair was forbidden already before he contracted the disease.. If you say that they disagree about a nazir who became a sufferer from skin disease, then for a sufferer from skin disease who made a vow of nazir everybody agrees that it is permitted108Any shavings for his convalescence are subject to the rules of skin disease.. For Rebbi Jeremiah it was obvious that they disagreed about a sufferer from skin disease who made a vow of nazir. Therefore, for a nazir who became a sufferer from skin disease everybody agrees that it is permitted109For consistency, one should read here: “forbidden.”
תִּגְלַחַת מִצְוָה מָהוּ שֶׁתִּדְחֶה לְתִגְלַחַת הָֽרְשׁוּת. נִישְׁמְעִינָהּ מִן הָדָא. וּמְגַלֵּחַ רֹאשׁוֹ וּזְקָנוֹ וְגַבּוֹת עֵינָיו כְּדֶרֶךְ שֶׁמְצוֹרָעִין מְגַלְּחִין. וְחָשׁ לוֹמַר. שֶׁמָּא תִּגְלַחַת מִצְוָה הָֽיְיתָ. רִבִּי זְעִירָא בְשֵׁם רִבִּי יוּדָן. מַתְנִיתָא אָֽמְרָה כֵן. שְׁרִבִּי שִׁמְעוֹן אוֹמֵר. כֵּיוָן שֶׁנִּזְרַק עָלָיו אֶחָד מִן הַדָּמִין הוּתַּר הַנָּזִיר לִשְׁתּוֹת יַיִן וְלִיטַּמֵּא לַמֵּתִים. וְאֵינוֹ אָסוּר אֶלָּא מִשּׁוּם בַּל תַּשְׁחִת. שְׁמוּאֵל בַּר אַבָּא אָמַר. תִּיפְתָּר בְּסָרִיס. וְהָא תַנִּינָן זָקָן. אִית לָךְ מֵימַר סָרִיס. לֵית לָךְ אֶלָּא כִּדְאָמַר רִבִּי יַעֲקֹב בְּשֵׁם רִבִּי יוֹחָנָן. נְטָלָן מִלְּמַטָּן לְמַעֲלָן אָסוּר. רִבִּי יוֹסֵי בַּר אָבִין אָמַר. לֹא שַׁנְייָא. הִיא לְמַטָּן לְמַעֲלָן הִיא לְמַעֲלָה לְמַטָּן. Does the obligatory shaving push aside the rules of voluntary shaving110Leviticus.19.27">Lev. 19:27 forbids to “shear off the corners of your head and to destroy the corners of your beard.” The nazir must shave his entire head, including its corners; the sufferer from skin disease must shave off all his hair, including corners of head and beard. There is no question that a person certainly impure, either from a corpse in the case of the nazir, or being declared impure as a sufferer from skin disease, must shave as required. The problem is only how far a shaving because of doubt really pushes aside the general rules about forbidden shaving.? Let us hear from the following111Nazir 8:2:4" href="/Jerusalem_Talmud_Nazir.8.2.4">Halakhah 4, speaking of a case of double doubt.: “He shaves his head, his beard, and his eyebrows in the way sufferers from skin disease shave.” But there one could say, maybe it was an obligatory shaving. 112It seems that this text does not belong here. It belongs to the paragraph before the last (Notes 102, 103), where R. Ze‘ira notes that the nazir cannot begin counting for his vow unless he is able to enter the Temple precinct. He brings an additional proof from Nazir 6:9:1" href="/Jerusalem_Talmud_Nazir.6.9.1">Mishnah 6:11, which notes that permission to drink wine is given to the nazir if and only if one of his sacrifices was offered in the Temple, whether he shaved or not. Therefore, his proceedings as nazir cannot be based on the shavings as a convalescent alone, disregarding his required sacrifice. There can be no shortcut. Rebbi Ze‘ira in the name of Rebbi Yudan: The Mishnah says so; “for Rebbi Simeon says, when one of the bloods was sprinkled, the nazir is permitted to drink wine and to defile himself with the dead.” Is he not forbidden because of “do not destroy”? Samuel bar Abba113It seems that reference is made not to R. Samuel bar Abba, the student of R. Joḥanan, but to Samuel (bar Abba bar Abba) the Babylonian who in the Nazir.57b">Babli, 57b, restricts the applicability of the rules of shavings to women and minors, to whom Leviticus.19.27">Lev. 19:27 does not apply. said, explain it if he was a eunuch114Since we are speaking of a person who certainly had made a vow of nazir, there can be no question that he is entitled to shear “the corners of his head”; the only problem is to shave “the corners of his beard” when it is not clear that it is really required. If the person in question has no beard, there is no problem.. But did we not state “the beard”? How can you say, a eunuch? You have only what Rebbi Jacob said in the name of Rebbi Joḥanan: If he removed it from bottom to top it is forbidden115By implication it would not be forbidden if the head was shaved totally before the beard was.. Rebbi Yose bar Abin said, there is no difference between bottom to top or top to bottom116The preceding statement is rejected. It follows that Leviticus.19.27">Lev. 19:27 forbids to “shear off the corners of your head and to destroy the corners of your beard” but not to shave off all hair on the head and all hair on the chin in case of need..
טָמֵא בְסָפֵק מוּחְלָט וַדַּאי אוֹכֵל קֳדָשִׁים לְאַחַר שִׁשִּׁים יוֹם וְשׁוֹתֶה יַיִן וּמִיטַּמֵּא לַמֵּתִים לְאַחַר מֵאָה וְעֶשְׂרִים יוֹם. טָמֵא װַדַּאי מוּחְלָט בְּסָפֵק אוֹכֵל בַּקֳּדָשִׁים לְאַחַר עֶשְׂרִים יוֹם וְשׁוֹתֶה יַיִן וּמִיטַּמֵּא לַמֵּתִים לְאַחַר מ̇דׄ יוֹם. טָמֵא וַדַּאי מוּחְלָט וַדַּאי אוֹכֵל בַּקֳּדָשִׁים לְאַחַר שְׁמוֹנַת יָמִים שׁוֹתֶה בַּיַּיִן וּמִיטַּמֵּא לַמֵּתִים אַחַר מ̇דׄ יוֹם. 117Tosephta 6:1, Nazir.60b">Babli 60b. The text as it stands here is mostly unintelligible; the correct numbers are given in Tosephta 6/Babli:
טָמֵא בְסָפֵק וּמוּחְלַט בְּוַדַּיי אוֹכֵל בַּקֳּדָשִׁים לְאַחַר שְׁמוֹנָה יָמִים שׁוֹתֶה יַיִן וּמִיטַּמֵּא לַמֵּתִים לְאַחַר שִׁשִּׁים וְשִׁבְעָה יוֹם. טָמֵא בְּוַדַּאי וּמוּחְלָט בְּסָפֵק אוֹכֵל בַּקֳּדָשִׁים לְאַחַר שְׁלֹשִׁים וְשִׁבְעָה יוֹם שׁוֹתֶה יַיִן וּמִטַּמֵּא לַמֵּתִים לְאַחַר שִׁבְעִים וְאַרְבַּע יוֹם. טָמֵא בְּוַדַּאי וּמוּחְלַט בְּוַדַּיי אוֹכֵל בַּקֳּדָשִׁים לְאַחַר שְׁמוֹנָה יָמִים וְשׁוֹתֶה בַּיַּיִן וּמִיטַּמֵּא לַמֵּתִים לְאַחַר ארְבָּעִים וְאַרְבָּעָה יוֹם.
If he was doubtfully impure and certainly definitely [suffering from skin disease], he eats from sacrificial meat after 8 daysaThe eight days of purification of the sufferer from skin disease., drinks wine and defiles himself for the dead after 67 daysbThe sixty days for two periods of nezirut plus seven days of the sufferer from skin disease which do not count for his nezirut.. If he was certainly impure and doubtfully definitely [suffering from skin disease], he eats from sacrificial meat after 37 dayscHe waits 7 days and shaves, both for his impurity of the dead and since he might have been impure with skin disease. He then keeps 30 days of nezirut in purity and shaves. This shaving certainly counts for the second shaving of the sufferer from skin disease; afterwards he may eat sacrificial meat. Since the thirty days would not count for his nezirut if he actually was a sufferer from skin disease, he keeps another 7 days for his impurity of the dead followed by 30 days of nezirut in purity, shaves, and is permitted wine., drinks wine and defiles himself for the dead after 74 days. If he was certainly impure and certainly definitely [suffering from skin disease], he eats from sacrificial meat after eight daysaThe eight days of purification of the sufferer from skin disease., drinks wine and defiles himself for the dead after 44 daysdSeven days of the convalescent sufferer from skin disease, seven days of the person defiled by the impurity of the dead, and 30 days of pure nezirut..“If he was doubtfully impure and certainly definitely [suffering from skin disease], he eats from sacrificial meat after 60 days, drinks wine and defiles himself for the dead after 120 days. If he was certainly impure and doubtfully definitely [suffering from skin disease], he eats from sacrificial meat after 20 days, drinks wine and defiles himself for the dead after 44 days. If he was certainly impure and certainly definitely [suffering from skin disease], he eats from sacrificial meat after eight days, drinks wine and defiles himself for the dead after 44 days.”
אָמַר רִבִּי אַבָּמָרִי אַחוֹי דְרִבִּי יוֹסֵי. זֹאת אוֹמֶרֶת שֶׁהַתַּעַר סוֹתֵר בְּנָזִיר טָמֵא שִׁבְעָה. Rebbi Abbamari, the brother of Rebbi Yose said, this shows that the shaving knife destroys seven for an impure nazir118This shows that the Tosephta/Babli text is also understood here. In no case are the seven days counting for the convalescent counted for the nazir..