Komentarz do Nazir 7:6

כהן גדול ונזיר אינן מטמאין לקרוביהן – as it is written in the Torah portion of Emor (Leviticus 21:11 – “He shall not defile himself even for his father or mother.”) and the Torah portion of Naso (Numbers 6:7: “Even if his father or mother, or his brother or sister should die, he must not defile himself for them, since hair set apart for his God is upon his head.”)

A high priest and a nazirite may not defile themselves with their [dead] relatives, but they may defile themselves with a neglected corpse.
If they were walking on the path and found a neglected corpse: Rabbi Eliezer says: the high priest should defile himself but not the nazirite. But the Sages say: the nazirite should defile himself but not the high priest.
Rabbi Eliezer said to them: the priest should defile himself, for he does not offer a sacrifice for his defilement, and the nazirite should not defile himself, for he does offer a sacrifice on defilement. They said to him: the nazirite should defile himself, for his holiness is not permanent, and the priest should not defile himself, for his holiness is permanent.
Just as it is forbidden for nazirite to defile himself, even in order to take care of his relatives (Numbers 6:6), so too this is forbidden for a high priest (see Leviticus 21:11). An ordinary priest is allowed to take care of the burial of his close relatives, but he is forbidden from defiling himself for others.
In Nazir 6:5 we learned that the one exception to this rule for a nazirite is a “neglected corpse”, literally termed “a commanded corpse”. All Jews are commanded to take care of bringing this corpse to a proper burial, and this commandment overrides the prohibition of defilement. Our mishnah deals with a priest and a nazirite who are walking together and see a neglected corpse. Only one of them need defile himself; the question is which one.
Section one: As we stated in the introduction, even a high priest and a nazirite may defile themselves in order to take care of a neglected corpse.
Section two: In this situation one of them, either the priest or the nazirite, but not both of them must defile themselves in order to take care of the neglected corpse. Note that once one person is taking care of the corpse, it is no longer a “neglected corpse” and hence the other one is forbidden to defile himself.
Rabbi Eliezer says that the high priest/priest should defile himself. In the following section he provides his reasoning. A priest who defiles himself does not bring a sacrifice as atonement, but a nazirite does. Rabbi Eliezer reads the bringing of a sacrifice as a sign of the greater seriousness of the transgression. To avoid this, the priest, or even high priest, should take care of the corpse, and the nazirite should remain pure.
The Sages respond that the priest’s holiness is greater than that of the nazirite for his holiness is permanent, whereas the nazirite’s is temporary. This is indeed a different way of looking at holiness. Holiness is measured by the innate quality of having been born into a priestly family, and not by the “mitzvah” oriented idea that being liable to bring a sacrifice make’s one status holier.
As an aside, we might note in this mishnah that a nazirite’s vow in some ways is an attempt for him to become holy like the priest. While their prohibitions are different, there is enough similarity between the two that we may sense that one reason that a person might take a nazirite vow was to become holy in much the same way that a priest is holy.

היו מהלכים בדרך – not specifically regarding the High Priest do they dispute (i.e., Rabbi Eliezer and the Sages), for the same law applies regarding the common priest, they also dispute, and it is one reason.

על המת – even though it is not [a] complete [body] but rather that it has most of the human frame/skeleton which are two legs and one thigh, or the majority of number of limbs which are one-hundred and twenty-five limbs (out of two-hundred and forty-eight), even if there isn’t among them one quarter of a Kab (a measure of capacity, one-sixth of a Se’ah) which defiles in a tent, and a Nazirite shaves his hair upon [this contact]. But if the dead body lacks [both] the majority of number [of limbs] and the majority of the skeletal frame, the Naziite doesn’t shave on his being overshadowed [by the dead person] until it would have among the bones one-half of a Kab.

Introduction There are two categories of defilement with the dead that are relevant to nazirite laws. If he is defiled through actual contact with the dead, he loses his whole period of naziriteship and he must shave and begin to count his naziriteship over. This contact can occur either through touching, carrying or being overshadowed by contact with a dead body or part of a dead body. [Overshadowing refers to a case where an object overshadowed him and the part of the dead body. For instance, they were under the same roof.] In tomorrow’s mishnah we will learn of cases where the nazirite is considered to be impure, but he has not contracted that impurity from direct contact with the dead. In such a case the nazirite does not shave, bring a sacrifice or lose the previously served part of his naziriteship. However, in such a case the days that he is impure do not count toward his naziriteship.

ועל כזית נצל – a thin secretion that comes out from the dead body like something moist that comes from the moldering of the flesh.

This mishnah lists the types of impurity through contact with the dead that obligate a nazirite to shave, bring sacrifices and start counting his entire term of naziriteship from the beginning.

מלא תרוד רקב – a spoonful from the dust of the rottenness (i.e., a mass of earth from a grave containing parts of a decayed human body) of a dead body. But the rottenness does not defile other than when the dead person was buried naked in an ark of marble or something like this, for there is no other rottenness there other than from the body of the dead person. And the dead person was buried completely whole where there was no limb from it missing.

For which types of defilement must the nazirite shave?
For [defilement contracted from] a corpse, or an olive’s bulk of [the flesh of] a corpse, or an olive’s bulk of corpse ooze, or a ladleful of corpse-mould; He is impure through contact with any piece of flesh, as long as it is of minimum size. There are different minimum measurements depending upon the state of this flesh. (Yes, I know this is a little on the ‘yucky’ side, especially the “corpse mould”. It just goes to show that in the ancient world death was probably less removed from their reality than it is in our world.)

תרוד – a large spoon that holds a handful [of dust from the decaying body].

Or the spinal column, or the skull, or any limb [severed] from a corpse, or any limb [severed] from a living body that is still properly covered with flesh, or a half-kav of bones, or a half-log of blood. This section lists mostly limbs, bones and at the end a minimum measurement of blood. Note that except for a “limb from a living body”, the rest of these come from a corpse.

על השדרה – even if there isn’t any flesh at all.

Whether [the defilement was contracted] from contact with them, from carrying them, or from overshadowing them. The things listed in the first two sections transmit their impurity to the nazirite by contact, by being carried or through overshadowing. “Carrying” can cause impurity even if the impurity was not directly touched.

וכן על עצם הגולגולת – of the head, even if there is no flesh in it.

For [defilement contracted from] a barley-grain’s bulk of bone, whether by contact or carrying. In contrast, a minimum piece of bone, the size of a barley-grain, does not transmit impurity through overshadowing, but only through contact and carrying.

ועל אבר מן החי ועל אבר מן המת שיש עליהם בשר כראוי – everything for the limb ad been attached to a living person, he would be able to raise up the web of new flesh or skin on a healing wound as appropriate through the same flesh which it is called, as appropriate, and it is less than an olive’s bulk.

On account of these, a nazirite must shave and be sprinkled on the third and seventh days, and such [defilement] annuls the previously served period, and he does not begin to count a new [naziriteship] until he has become clean and brought his sacrifices. This section lists the rules for a nazirite who contracts such defilement. As stated above, he must shave, purify himself, bring a sacrifice and only after becoming pure can he begin to count his naziriteship again.

ועל חצי קב עצמות – and even though a quarter of a Kab of bones defiles in a tent, there is a usage dating from Moses as delivered from Sinai (a traditional interpretation of a written law) that a Nazirite does not shave/cut off his hair other than on one-half of a Kab, and similarly on one-half of a LOG of blood (a LOG equals the volume of six eggs), and even though one-quarter of a Kab defiles, in a tent, the Nazirite does not shave other than one-half of a LOG.

ועל עצם כשעורה על מגעו ועל משאו – but not regarding his tent, for the bone that is a barley-bulk does not defile in a tent.

סותר את הקודמים – as it is written (Numbers 6:12): “The previous period shall be void,[since his consecrated hair was defiled].”

עד שיטהר – that he would immerse and sunset would pass after he would be sprinkled on the third and seventh days.

אבל הסככות – a tree that has branches separated one from the other, and here is an olive’s bulk from the dead underneath one of hem and the Nazirite passed by and it is not known whether he passed under the branch/foliage that formed a tent/spread itself over a corpse (see also Tractate Ohalot, Chapter 3, Mishnah 1).

Introduction In yesterday’s mishnah we learned which types of defilement annul a nazirite’s previously served days of naziriteship, and make him liable to bring a sacrifice. Today we learn the opposite cases: defilement that does not force him to shave, does not annul his previously served days and does not make him liable for a sacrifice.

והפרעות – stones or trees that protrude/project from the wall and defilement is underneath one of them.

But for [defilement contracted by] overhanging branches, or protruding stones, or a field that may have once been a cemetery, or land of the Gentiles, or the stone which covers the tomb or the supporting stone of a tomb, or a quarter-log of blood, or a tent, or a quarter-kav of bones, or utensils that have been in contact with a corpse, or on account of the days of counting [after contracting scale disease] or the days during which he is certified unclean [because of scale disease]; All of the things listed here defile a person, but since they are not considered defilement coming directly from a corpse, they do not force the nazirite to annul his naziriteship. I shall explain each one at a time: Overhanging branches: this refers to a branches of a tree which hang over him and a doubtful piece of a dead body. Protruding stones: similarly, these are overhanging stones which may overshadow him and a doubtful piece of a dead body. A grave that has been plowed: this actually refers to the area around such a grave, which might have on it bones or pieces of bones. Land of the Gentiles: the sages declared that all land outside of Israel defiles (see above 3:6). The stone which covers the tomb or the supporting stone of a tomb: The former refers to a round stone, rolled in front of the tomb to seal it off. The latter refers to the stones surrounding this stone which supported it in its place. A quarter-log of blood: In yesterday’s mishnah we saw that a half-log was necessary for to force the nazirite to restart his counting and to bring a sacrifice. A quarter-log, therefore, transmits full impurity but does not count enough to annul his naziriteship. Or a tent: this refers to touching a tent in which a dead body is found. A quarter-kav of bones: In yesterday’s mishnah we saw that a half-kav was necessary to restart his counting and to bring a sacrifice. Similar to the case of blood, a smaller amount still causes impurity but doesn’t count as defilement from a corpse. Utensils that have been in contact with a corpse: These will cause impurity, but even though the impurity is indirectly from a corpse, since the nazirite was not defiled directly by the corpse, his naziriteship is not annulled. On account of the days of counting [after becoming a leper] or the days during which he is certified unclean; this refers to a nazirite who has become a leper (one with scale disease). Becoming a leper does not cause him to lose his term already served as a nazirite, neither the days in which he becomes clean, nor the days in which he is certified unclean.

ובית הפרס – a field in which a grave was ploughed up and makes an area of a square P’ras, declared unclean on account of crushed bones carried over it from a ploughed grave which is one hundred cubits which is its measurement, as the plough carries the bones.

For all these the nazirite is not required to shave, but they do sprinkle him on the third and seventh [days], and [the defilement] does not annul the formerly served period, and he begins to resume counting [his naziriteship] immediately [after purification] and there is no sacrifice. For all of these things he is considered to be defiled, and he must be sprinkled with hatat water on the third and seventh days. However, he does not shave, nor does he bring a sacrifice, nor does he lose his earlier served days. As soon as he becomes clean, he may begin to count again.

וארץ העמים – that the Sages decreed [ritual] defilement on the land of the [foreign] nations.

In fact they said: the days of [defilement of] a male or female sufferer from gonorrhea and the days that a leper is shut up as a leper count toward his [naziriteship]. This halakhah is even more radical than that in the previous section. If, while serving a naziriteship, he contracts gonorrhea (zav), or becomes a leper, not only does he not lose his previously served days, but these days also count toward his naziriteship. The only reason that a nazirite must shave and lose his previously served days is through contact with the dead. Other forms of impurity, as serious as they may be, do not have the same effect. Here we learn that they can even count as days served toward his naziriteship.

גולל – the cover of the coffin.

דופק – the coffin itself that the covering buttresses it.

ורביעית דם – even on carrying it or coming in contact with it, the Nazirite does not shave/cut his hair.

ואהל ורובע עצמות – if he overshadowed on a quarter-of-a-Kab of bones of a dead person, he does not shave/cut his hair until he overshadows over one-half-a-Kab, but on contact with it and/or carrying of a quarter-Kab [of bones] he shaves/cuts his hair, and even if they are decaying and there doesn’t remain of them bone of a full barley’s bulk.

וכלים הנוגעים במת – which defile like the dead person himself, and he who touches them is defiled for a period of seven days.

וימי נזרו – the days of the passing of final judgement on a leper (after probationary enclosure – see Leviticus, chapter 13).

וימי ספירו – after he has become purified from his leprosy, as it is written (Leviticus 14:8): “but he must remain outside his tent seven days.”

על אלו אין הנזיר מגלח – on all of these of our Mishnah.

ומזה בשלישי ושביעי – But it does not refer to the days of his counting or to the days his completion, for the sprinkling on the third day and on the seventh day do not belong to them.

ואינו סותר את הקודמין ומתחיל ומונה מיד – all of these that we stated do not count to the days of Naziriteship and he would become [ritually] pure after he sprinkles on the third and seventh days. If he was defiled through defilement with the dead, and after he completes the days of his completion [of his being shut out and purified from his being a leper] if he was leprous, he completes his Naziriteship on the number of days that he counted that he counted prior to becoming defiled, and does not bring a sacrifice for defilement.

באמת אמרו ימי זהב וזבה – all the days of their defilement and the days of their counting of seven clean days

and the days of the leper’s being locked up for trial, and it is stated regarding it (Leviticus 13:50 – the wrong chapter is listed in the Hebrew edition of the Bartenura commentary): “[and the priest after examining the affection,] shall isolate the affected article for seven days,” they count towards the number of days of his Naziriteship, and it is not necessary to state that they don’t lose the prior days.

חייבין עליה על ביאת מקדש – if he was defiled by the same defilement and entered into the Temple, or he at Holy Things prior to his purifying from his defilement, he is liable for extirpation for it if it was done willfully, or if it was done inadvertently, a sliding-scale offering (where the financial situation of the sinner is taken into account in determining the nature of the sin-offering that he brings).

Introduction The first section of our mishnah contains a discussion related to the categories of impurity explained in the previous two mishnayoth. The second section contains a debate over whether a quarter-log of blood forces the nazirite to shave. This section contains an interesting insight into the tension between two primary sources of halakhah: tradition and logical reasoning.

לא תהא זו קלה מן השרץ – that they are liable for it for entering into the Temple , as it is written in Leviticus (Chapter 5, Verse 2 – the chapter is not the one indicated by the Bartenura commentary: “or the carcass of an unclean creeping thing – [and the fact has escaped him, and then, being unclean, he realizes his guilt].” But the matter of Rabbi Meir does not apply, for contact with and/or carrying of a barley-corn’s bulk of a bone which is the more lenient, which does not defile in a tent [through overshadowing], the Nazirite shaves/cuts his hair for it, as it is taught in our Mishnah (Tractate Nazir, Chapter 7, Mishnah 3), and a quarter-Kab of blood which is more stringent which does defile in a tent [through overshadowing), the Nazirite does not shave for it.

Rabbi Elazar said in the name of Rabbi Joshua: for every defilement [conveyed] by a corpse on account of which a nazirite must shave, people are liable for entering the sanctuary, and for every defilement [conveyed] by a corpse on account of which a nazirite does not shave, people are not liable for one entering the sanctuary. Rabbi Meir said: such [defilement] should not be less serious than [defilement through] a dead creeping thing. Rabbi Elazar correlates the two categories of corpse defilement explained in the previous mishnah to another halakhah, that of entering the sanctuary while defiled, punishable by kareth if done intentionally or a sacrifice if done unintentionally. According to Rabbi Elazar, those categories of defilement for which a nazirite does not shave, a person is also not liable for entering the sanctuary while defiled by them. Rabbi Meir argues that defilement contracted through these things for which a nazirite does not shave should not be considered less serious than defilement contracted by contact with a dead creeping thing. Since a person who enters the sanctuary after contracting defilement from a dead creeping thing is liable (see Leviticus 5:2), so too is one who contracted defilement from one of the impurities in mishnah three above.

אין דנין כאן ק"ו – for we do not deduce an argument from minor to major (i.e., from the lesser to the greater) on a matter which is a Halakha transmitted to Moses from Sinai since the a barley-corn’s bulk of a bone is not written in the Torah, but it is a Halakha, and we don’t deduce an argument from minor to major from Halakha, whether they are the words of Rabbi Eliezer or whether they are the words of Rabbi Yehoshua who stated it, but rather, this what they stated is the Halakha.

Rabbi Akiba said: I argued in the presence of Rabbi Eliezer: Now if on account of a barley-corn’s bulk of bone which does not defile a man by overshadowing, a nazirite shaves should he touch it or carry it, then surely a quarter-log of blood which defiles a man by overshadowing, should cause a nazirite to shave should he touch it or carry it? He replied: What is this Akiva! We do not make here an ‘all the more so’ (a kal argument. When I afterwards went and recounted these words to Rabbi Joshua, he said to me, “You spoke well, but thus they have ruled the halakhah.” This section deals with the teaching in mishnah three, according to which a nazirite who was defiled by contact with a quarter-log of blood does not have to shave. Rabbi Akiva argues against this position in front of Rabbi Eliezer, one of his teachers. Rabbi Akiva’s argument is based on the precedent of a barley corn’s bulk of bone. Such a small piece of bone does not defile through overshadowing, and yet nevertheless a nazirite who comes into contact with it or carries it must shave, bring a sacrifice and begin counting his naziriteship. If so, a quarter-log of blood, which does defile through overshadowing should all the more so make a nazirite shave, bring a sacrifice and start his naziriteship over. This type of formal argumentation is called an a “kal vehomer” in Hebrew, which I translate as an “all the more so” argument. Others use the term “a fortiori”. The reasoning here is that if a lesser thing (the tiny piece of bone) carries a certain power, all the more so should the greater thing (the small amount of blood). Rabbi Eliezer responds to Rabbi Akiva by telling him that we don’t make this type of argument here. Rabbi Eliezer is known as being an arch-conservative in halakhic matters. He typically rejects reason as a source of new halakhot, relying strictly on tradition. Rabbi Joshua, on the other hand, is known more typically as the innovator, ready to modify traditions if so persuaded. However, over here, he too does not feel able to modify the halakhah that a quarter-log of blood does not make a nazirite liable to shave. While he accepts Rabbi Akiva’s reason, he says that since the Sages ruled based on their traditions, this halakhah cannot be changed.