(If one said:) "I shall be a Nazirite on condition that I (be permitted to) drink wine and become unclean to the dead," he becomes a Nazirite and is forbidden in all (that is forbidden to a Nazirite). [And in this, all concur, for he thereby makes a condition against what is written in the Torah; and if one makes a condition against what is written in the Torah, his condition is void.] (If one said: "I shall be a Nazirite," and then said:) "I knew that there was (such a thing as) Naziritism, but I did not know that a Nazirite was forbidden wine," he is forbidden (to drink wine). [For wine, shaving, and dead-body defilement, which are forbidden to a Nazirite — if one becomes a Nazirite in respect to one of them, he is a Nazirite in respect to all.] And R. Shimon permits it, [holding that he does not become a Nazirite unless he assumes Naziritism in respect to all.] (If one said: "I shall be a Nazirite," and then said:) "I knew that a Nazirite was forbidden wine, but I thought that the sages would permit it to me because I cannot live without wine," or "because I bury the dead" (i.e., that is my occupation), he is permitted, [this being in the class of "vows of constraint," one of the four classes of vows permitted by the sages (Nedarim 3:1-4).] And R. Shimon forbids it, [holding that the four types of vows permitted by the sages require consultation of a sage (for their absolution). The halachah is not in accordance with R. Shimon in these two cases in our Mishnah.]
Bartenura on Mishnah Nazir
הרי זה נזיר – and he is prohibited with all of them, and in this, everyone admits because he made a condition against what is written in the Torah, and whomever makes a condition against [what] is written in the Torah, his condition is void.
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English Explanation of Mishnah Nazir
Introduction The first section of this mishnah deals with a person who tries to take upon himself a partial naziriteship. The second section deals with a person who vowed a nazirite vow but did not have full comprehension of the prohibitions involved.
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Bartenura on Mishnah Nazir
אבל איני יודע שהנזיר אסור ביין הרי זה אסור – for wine and shaving and defilement which are prohibited to a Nazirite, he who takes a Nazirite vow from one of them is a Nazirite with regard to all of them.
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English Explanation of Mishnah Nazir
[If one says,] “Behold, I am a nazirite, on condition that I can drink wine, or can have contact with the dead”, he becomes a nazirite, and all these things are forbidden him. This person makes a nazirite vow on condition that some of the prohibitions would not apply to him. There is a rule that a person may not make a condition against what is written in the Torah. Hence the condition is invalid and he is a full nazirite, forbidden to shave his hair, drink wine or have contact with the dead.
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Bartenura on Mishnah Nazir
רבי שמעון מתיר – as he holds that he is not a Nazirite until he takes a Nazirite vow regarding all of them.
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English Explanation of Mishnah Nazir
[If he says,] “I knew that there is such a thing as naziriteship but I did not know that a nazirite is forbidden to drink wine”, he is bound [to his vow]. Rabbi Shimon releases him. In this case, a person takes a nazirite vow and afterwards claims that he didn’t know that nazirites could not have wine. According to the Sages, his lack of knowledge does not exempt him and he is a full nazirite. Rabbi Shimon holds that he is not a nazirite because it was a mistaken vow. Alternatively, Rabbi Shimon holds that one is not a nazirite unless he accepts upon himself all of the minutiae of being a nazirite.
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Bartenura on Mishnah Nazir
או מפני שאני קובר מתים הרי זה מותר – these are vows of on conditions unavoidably unfulfilled (see also Tractate Nedarim, Chapter 3, Mishnah 1), and this is one of four vows that the Sages permitted.
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English Explanation of Mishnah Nazir
[If he says,] “I knew that a nazirite is forbidden to drink wine, but I imagined that the sages would give me permission, since I cannot do without wine”, or “since [my profession] is to bury the dead”, he is released. Rabbi Shimon binds him [to his vow]. In this case, when the person vowed he knew that wine and coming into contact with the dead were prohibited to a nazirites. Nevertheless, he thought that the sages would allow him to either drink because he can’t live without wine or bury the dead because that is his profession. The Sages consider his vow to be mistaken vow, and therefore he is released. Rabbi Shimon does not consider this a mistaken vow. Alternatively, Rabbi Shimon agrees that this was a mistaken vow, but holds that he must first ask to be released by a Sage.
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Bartenura on Mishnah Nazir
ורבי שמעון אוסר – that he holds that the four vows that the Sages permitted requires absolution by a scholar, but the Halakha is not according to Rabbi Shimon in these two segments of our Mishnah.
