If two sets of witnesses testified about a man, one set saying that he had vowed two [Naziritisms] and the other set saying that he had vowed five — [At the same time that you say he vowed two, we say that he vowed five. And he says that he did not vow at all] — Beth Shammai say that the testimony is split. [Since they contradict each other, their words are voided and no testimony obtains.] And Beth Hillel say: Included in five are two, and he is to observe two Naziritisms.
Bartenura on Mishnah Nazir
אלו מעידים שנדר שתים – two [periods of] Naziriteship and those [witnesses] testify that he took a vow for five [periods of] Naziriteship; at the same time that you state that he took a vow for two [Naziriteships], wwe testify that he took a vow of five Naziriteships, and he states that he did not take a vow at all.
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English Explanation of Mishnah Nazir
Introduction
This mishnah, while ostensibly discussing nazirite laws, is really discussing the laws of testimony. Generally, when two sets of witnesses disagree, two saying one thing and two saying the other, the testimony is invalid. However, if one set says that the defendant owes two hundred, and the other set says he owes five hundred, there is a dispute whether the defendant is liable for the lower amount, based on the principle that all witnesses agree that he owes at least two hundred. Our mishnah deals with a similar case, except it uses naziriteships instead of money.
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English Explanation of Mishnah Nazir
One who has two sets of witnesses testifying about him: one says that he vowed two [naziriteships] and the other that he vowed five: Beth Shammai says: the evidence is conflicting, and there is no naziriteship at all. But Beth Hillel says: “five” includes “two”, so that he becomes a nazirite for two [naziriteships]. According to Beth Shammai, the testimony is conflicting and therefore it is as if there is no testimony at all. However, Beth Hillel says that there is testimony from all sets regarding two naziriteships, and therefore he must observe two.
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Bartenura on Mishnah Nazir
בש"א נחלקה העדות – since they contradict each other, their words are voided, and there isn’t any testimony at all.
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Bartenura on Mishnah Nazir
וב"ה אומר יש בכלל חמש שתים – and he will be a Nazirite for two years.
