If his wife miscarried [and he did not know if it were a live birth or not], he does not become a Nazirite. [Our Mishnah is in accordance with R. Yehudah, who says that "one does not place himself in a position of doubt," so that when he said: "when I have a valad," he meant a definite (i.e., live) valad.] R. Shimon says: He must say: "It if were live, I am a Nazirite by obligation; if not, I am a Nazirite by election. [R. Shimon holds that in an instance of doubt as to whether one is or is not a Nazirite, the stringent option must be followed. Therefore, he must be "a Nazirite by doubt," and stipulate: "If it were live, I am a Nazirite by obligation; if not, I am a Nazirite by election"; and he shaves and brings his offerings at the end of thirty days. Without this stipulation, he could not bring an offering in doubt. The halachah is not in accordance with R. Shimon.] If she subsequently gave birth, he becomes a Nazirite, [not having observed Naziritism for the miscarriage. And now that she bore a live child the Naziritism takes effect.] R. Shimon says: He must say: "If the first one were live, then the first was obligation, and this, election; and if not, the first was election, and this, obligation." [According to R. Shimon it is necessary to stipulate again, for the first may have been live.]
Bartenura on Mishnah Nazir
הפילה אשתו – and he did not know if he was a living being or aborted/non-viable birth.
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English Explanation of Mishnah Nazir
Introduction
This mishnah is a continuation of yesterday’s mishnah where a man vowed to be a nazirite if he had a child. Our mishnah deals with a case where his wife miscarries. The question is, do we consider the miscarriage to be a case where the child was viable while in the womb, and hence he had a child or not.
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Bartenura on Mishnah Nazir
אינו נזיר – our Mishnah is [according to] Rabbi Yehuda who said that a person does not place down his soul on a doubt and if he states “when I will have a child,” he is speaking about a definitive child.
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English Explanation of Mishnah Nazir
If his wife miscarries, he does not become a nazirite. Rabbi Shimon says: [in this case] he should say, “If it was a viable child, behold, I am a nazirite from obligation; otherwise behold, I am a voluntary nazirite.” According to the first opinion, if his wife miscarries he is not a nazirite. Although there is some doubt that the child might have reached viability before the miscarriage, in cases of doubtful naziriteships the ruling is lenient. Rabbi Shimon is more concerned with the possibility that the child reached viability. Therefore, the one who vowed is considered a doubtful nazirite. The way that one observes this doubtful naziriteship is by saying that if the child was viable, then he is now serving a mandatory naziriteship. If, however the child was not viable, then his naziriteship is just from doubt. In any case, he must observe a naziriteship.
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Bartenura on Mishnah Nazir
רבי שמעון אומר יאמר אם היה בן קיימא וכו' – Rabbi Shimon holds hat a doubtful Naziriteship is judged stringently; therefore, he must be a Nazirite from doubt and makes a condition and states that if he is a viable fetus, I am a Naziritie out of obligation, and if not, I am a Nazirite out of free-choice, and he shaves and brings his [hair] sacrifices at the end of the thirty day period. But without the condition, he would not be able to bring the sacrifice from doubt, but the Halakha is not according to Rabbi Shimon.
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English Explanation of Mishnah Nazir
If [his wife] later bears a child, he then becomes a nazirite. Rabbi Shimon says: he should say, “If the first was a viable child, the first [naziriteship] was obligatory, and this one is voluntary; otherwise, the first one was voluntary, and the present one is obligatory.” If after the first miscarriage his wife becomes again pregnant and this time has a child, according to the first opinion, he must now observe a naziriteship because he did not previously observe one. For Rabbi Shimon he cannot just simply observe another naziriteship because he may have fulfilled his vow when he previously served a naziriteship. However, if the first one was only voluntary, then he is still liable to serve an obligatory naziriteship for his original vow. Therefore, he again stipulates, that if the first naziriteship was obligatory (the fetus was viable), then the current one is only voluntary, but if the first one was voluntary (the fetus was not viable), then the current one is the obligatory naziriteship.
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Bartenura on Mishnah Nazir
חזרה וילדה הרי זה נזיר – for he did not practice Naziriteship on account of the non-viable birth/abortion. But now that she gave birth to a living child, the Nazirite [vow] takes effect and according to Rabbi Shimon, he must retract and make the condition for perhaps the first child was a viable child.
