If they were walking on the road, and someone came towards them, and one of them said: "I shall be a Nazirite if that man is so and so"; and the other said: "I shall be a Nazirite if that man is not so and so"; "I shall be a Nazirite if one of you is a Nazirite"; "if one of you is not a Nazirite"; "if both of you are Nazirites"; "if all of you are Nazirites" — Beth Shammai say: They are all Nazirites [even those whose words were not fulfilled. For just as hekdesh in error is hekdesh, so Naziritism in error is Naziritism.] Beth Hillel say: Only one whose words are fulfilled is a Nazirite. And R. Tarfon says: Not one of them is a Nazirite, [R. Tarfon holding there is no Naziritism without distinctness, i.e., without its being clear at the time of his vow that he is becoming a Nazirite. And in all of the above instances, he does not know at the time of his vow whether it will be as he says. The halachah is not in accordance with R. Tarfon.]
Bartenura on Mishnah Nazir
הריני נזיר שזה איש פלוני – “if this [person] who is walking towards me is so-and-so, I am a Nazirite,” and the second [person] says, “if this [person walking towards me] is not so-and-so, I am not a Nazirite.
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English Explanation of Mishnah Nazir
Introduction
This mishnah again deals with the debate between Beth Shammai and Beth Hillel over mistaken nazirite vows.
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Bartenura on Mishnah Nazir
כולם נזירים – and even those whose words were not confirmed/fulfilled, for just as a consecration done in error is a consecration, so also, Naziriteship [vowed] in error is Naziriteship (in accordance with the words of Bet Shammai as found in Tractate Nazir, Chapter 5, Mishnah 1).
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English Explanation of Mishnah Nazir
If [people] were walking along the road and [saw] someone coming towards them, and one said, “Behold, I am a nazirite if it is so-and-so,” and the other said, “Behold, I am a nazirite if it is not so-and-so,” [and a third said,] “Behold I am a nazirite if one of you is a nazirite,” [and a fourth said, “Behold I am a nazirite] if neither of you is a nazirite,” [and a fifth said, “Behold I am a nazirite] if both of you are nazirites,” [and a sixth said, “Behold I am a nazirite] if all of you are nazirites”: Beth Shammai says: all of them are nazirites. Beth Hillel says only those whose words were [not] fulfilled are nazirites. Rabbi Tarfon says: not one of them is a nazirite. Obviously, not all of the people who vowed these nazirite vows can be correct. For instance, if it is “so and so”, only the first and third people are correct. If it is not “so and so”, the second and third people are correct. Nevertheless, Beth Shammai holds that they are all nazirites, because even nazirite vows taken under a mistaken premise are binding. Beth Hillel says that only those whose words were actually fulfilled, that is whose words turn out to be correct, are nazirites. Note that the mishnah actually says “not fulfilled”. The Talmud emends the mishnah to read “fulfilled.” Albeck explains that either version leads to the same conclusion, for Beth Hillel holds that a nazirite vow made under a mistaken premise is not valid. Rabbi Tarfon holds that unclear nazirite vows are not binding. Even if it turns out that what he thought was indeed correct, a person must have full awareness of the facts at the time of his vow for his vow to be valid.
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Bartenura on Mishnah Nazir
ר"ט אומר אין אחד מהם נזיר – for Rabbi Tarphon holds that there is no Naziriteship other than for a distinct and solemn specification of a vow (without a doubt – see Tosefta Nazirut, Chapter 3, Halakha 18 and Talmud Nazir 34a in the words of Rabbi Yehuda quoting Rabbi Tarphon), meaning to say, that it is clear and known to him at the time of his vow that he will be a Nazirite and all of these [examples mentioned in our Mishnah], it was not known to him at the time of his vow that it will be according to his declaration, and the Halakha is not according to Rabbi Tarphon.
