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Bartenura on Mishnah Nazir
כל ספק נגעים בתחלה טהור – such as the example of two [people] who came to a Kohen; on one of them was a bright white spot on the skin (eventually, one of the symptoms of leprosy) like the size of a bean, and on the other was a bright white spot on the skin like a Selah (a coin), and at the end of a week, on this one was like a Selah and that one was like a Selah and it was not known on which of them it spread, both of them are ritually pure, even though certainly one of them is ritually impure.
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English Explanation of Mishnah Nazir
Introduction
This mishnah continues to bring cases that involve the concept of “there are grounds for the assumption.” The first section discusses doubtful skin afflictions. The second case involves doubtful cases of “zivah”, usually translated as flux, an unusual genital emission. The third case involves estimating the cause of death of a person struck by his fellow.
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Bartenura on Mishnah Nazir
משנזקק לטומאה ספיקו טמא – such as the example of two who came to a Kohen; on one of them was a bright white spot on the skin like the size of a bean and the other, [a bright white spot on the skin] like the size of a Selah, and at the end of a week, this one’s was like a Selah and more, and the other one’s was like a Selah and more. Both reduced to become the size of like a Selah. Even though one of them is definitely ritually pure, for already, the spreading of the leprous spot occurred, both of them are impure, because a decision had been made in favor of uncleanness until they return to the size of a bean.
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English Explanation of Mishnah Nazir
Any matter of doubt regarding [leprous affliction] at the outset is clean before a decision is made [to declare it] unclean. Once a decision has been made [to declare it] unclean, any matter of doubt is regarded as unclean. If something is seen on a person’s skin that may be the sign of an unclean skin affliction, he is still considered clean until the priests decide that it is an unclean skin affliction. However, once he has been declared to be unclean, any further doubtful matters are ruled as if they too render him unclean. In other words, he remains in his presumed assumption.
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Bartenura on Mishnah Nazir
בשבעה דרכים בודקין את הזב – for if he saw, as a consequence of an accident, he is pure, for we expound upon זב מבשרו/”a discharge from his member/flesh” (Leviticus 15:2) and not on account of his accident.
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English Explanation of Mishnah Nazir
A person suffering from gonorrhea (a is examined regarding seven things, before it has been decided that it is gonorrhea: With regard to food, drink, carrying things, jumping, sickness, something seen, or an impure thought. Once gonorrhea is established, he is no longer examined. [Any flux resulting] from an accident to him, doubtful [flux] and his semen are unclean, for there are grounds for this assumption. For a person to be considered a full zav (one suffering a certain type of sexually transmitted disease), he must see flux (unusual genital emission) three times with no more than one day between each emission. After his first two emissions, he is still not a full zav. Furthermore, for the emission to be legally considered flux it must be from this disease and not as a result of something else. Therefore, after the first and second emissions he is checked to make sure the emission was not caused by something else. Our mishnah teaches the questions that he is asked. All of these were considered potential causes of emissions. However, once he has been declared a zav, a sufferer of this disease, he is not asked these questions concerning further emissions. Rather they are all considered to be flux. Again, the person remains in his currently assumed status unless it can be proven otherwise. The mishnah continues that even if he were to have his third emission as an accident resulting from one of the above causes, or there is a doubt whether he had a third emission, or it is unclear whether it was a seminal emission or a gonorrheal emission, he is still ruled to be a zav, for there are grounds to assume that after the first two emissions of flux, the third one is flux as well.
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Bartenura on Mishnah Nazir
עד שלא נזקק לטומאה – that is when he sees a second affliction/attack, he becomes a complete Zav/a man suffering from gonorrhea defiling by lying and sitting, but a first affliction/attack defiles by accident ritual impurity until nightfall according to the law of someone who experienced a seminar emission which combines with the second [affliction/attack], even if it was by accident.
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English Explanation of Mishnah Nazir
If a one strikes his fellow, and they expected him to die and he partially recovered and then grew worse and died [the other] is liable [for murder]. Rabbi Nehemiah exempts him, for there are grounds for this assumption. According to the first opinion, even though the injured person partially recovered and only after his recovery again grew ill and died, it is clear that he died from the blows of the first person. Hence the one who struck him is considered to be a murderer. Rabbi Nehemiah disagrees and holds that it can be presumed that he died of other causes, and therefore the one who struck him cannot be considered a murderer. Others interpret the final words of this mishnah “for there are grounds for this assumption” to relate to the words of the first opinion. Since there are solid grounds to assume that the person died from the blows, he is deemed to be a murderer.
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Bartenura on Mishnah Nazir
במאכל – if he ate things that bring him towards a flux as for example, meat, oil, milk, and cheese, eggs and old wine.
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Bartenura on Mishnah Nazir
ובמשתה – with increase/excess of drinking.
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Bartenura on Mishnah Nazir
במשא – something heavy that he carried.
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Bartenura on Mishnah Nazir
במראה – he saw a woman even without [impure] fantasy.
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Bartenura on Mishnah Nazir
ובהרהור – even though he did not see [her], if one of these seven [things] happened to him before he saw the second affliction/attack, he does not become a Zav/gonorrhea, and a drop [of semen] does not defile through carrying.
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Bartenura on Mishnah Nazir
משנזקק לטומאה – that he saw a second attack/affliction not by accident,
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Bartenura on Mishnah Nazir
we don’t examine him, but even if he saw a third [attack/affliction] by accident, he becomes a Zab/one afflicted with gonorrhea for a sacrifice.
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Bartenura on Mishnah Nazir
וספיקו ושבכת זרעו טמאים – uncertain on account of effusion of his semen, as for example if he saw effusion of semen first and a bit of gonorrhea that comes afterwards, it does not defile for the person who sees an emission does not defile with gonorrhea from the time of twenty-four astronomical hours. And until a decision has been not been made for uncleanness, the flux purifies the gonorrhea because it is an accident. But after a decision has been made for uncleanness, the flux purifies the gonorrhea which does not leave undecided/in doubt for on account of the flux comes the gonorrhea.
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Bartenura on Mishnah Nazir
שרגלים לדבר – for that attack/affliction is on account of an accident, because he has already become a Zav/gonorrhea.
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Bartenura on Mishnah Nazir
ר"נ פוטר שרגלים לדבר – for he did not die on account of a wound, since it was more lenient than what it was, and the Halakha is not according to Rabbi [Nehemiah].
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