THOUGHTS ON THE DAILY DAF
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Rosh Kollel: Rav Mordecai Kornfeld
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NAZIR 46 - Dedicated by David and Jonas Waizer, l'Zecher Nishmas Reb Eliezer
("Leizer") ben Zvi ha'Cohen Waizer (Canarsie, N.Y.).
1) THE HAIRCUT OF A BALD NAZIR
QUESTION: The Gemara cites a Machlokes between Beis Shamai and Beis Hillel
regarding a bald Nazir. Beis Shamai says that a bald Nazir does not have to
pass a Ta'ar (razor) over his head, and Beis Hillel says that he does have
to pass a Ta'ar over his head. The Gemara's initial understanding of Beis
Hillel's opinion (and the conclusion of the Gemara according to some
Girsa'os) is that Beis Hillel holds that the bald Nazir is required to take
a razor and pass it over his bald scalp (see Chart, where we explained the
various stages of the Gemara and the two versions, according to the various
Girsa'os, as Tosfos explains (46a), and we summarized the entire Sugya based
on the Arzei ha'Levanon's explanation and Girsa in Tosfos).
2) AN INVALIDATED "GILU'ACH"
According to Beis Hillel, what point is there for a bald Nazir to pass a
Ta'ar over his head if it is not cutting any hair? What does passing a razor
over his head do that passing any other object does not do? What sort of
Gilu'ach is there if there is nothing to cut?
(a) According to the first version in the Gemara, and according to the first
explanation of Tosfos of the second version, it seems that there is a
purpose to passing the razor over the head of the bald Nazir. When the verse
says that "all the days of his Nezirus a razor shall not pass over his head"
(Bamidbar 6:5), and then it says, "... until the completion of the days of
his Nezirus," it implies that on the day of the completion of his Nezirus,
he *should* pass a razor over his head. (See the Gemara earlier, beginning
of 40a, which interprets the verse in such a manner.) According to Beis
Hillel, the verse is teaching that there is an obligation for a Nazir to
pass a razor over his head at the completion of his Nezirus, aside from the
actual obligation of shaving. That is, besides the Mitzvah of shaving his
hair on the day of completion of the Nezirus, there is also a Mitzvah to
pass a razor over his head.
This seems to be the intention of Beis Hillel according to Tosfos who writes
that according to Beis Hillel, the Nazir does fulfill the Mitzvah of
Gilu'ach to some extent by passing the razor over his head. Tosfos compares
this to the case of a Nazir who does not have palms, who performs Tenufah of
his Shalmei Nazir and the Lachmei Nazir with his arms instead of his palms.
(b) According to the second explanation that Tosfos gives for the second
version in the Gemara, it seems that passing a Ta'ar over the head is *not*
a Gilu'ach at all. Tosfos says there that according to Beis Hillel who holds
that a bald Nazir must pass a razor over his head, the act of Gilu'ach is
not Me'akev, and not only may he drink wine, but he may bring the Korban as
We see from Tosfos that passing a razor over his head is not considered a
Gilu'ach. Why, then, does Beis Hillel say that he should pass a razor over
his head? One answer is that it is a Halachah d'Oraisa, based on the
inference from the verse mentioned above, that a Nazir must pass a razor
over his head at the conclusion of his Nezirus. However, it does not satisfy
the requirement of Gilu'ach which the Torah adds in addition to the
requirement of passing a razor over his head at the conclusion of the
Nezirus. The Torah requires that he do a separate Mitzvah of shaving his
hair, which, if he is bald, he is unable to do. Therefore, it is evident
that Gilu'ach is not Me'akev the Korban.
A second answer is that the requirement to pass a razor over his head,
according to Beis Hillel, is mid'Rabanan. The Rabanan enacted that a bald
Nazir must pass a razor over his head so that people not mistakenly think
that a Nazir is allowed to bring his Korban without shaving.
QUESTION: The Mishnah says that if a Nazir performed his Gilu'ach with a
certain Korban and that Korban was found to be Pasul, his Gilu'ach is also
Pasul. In addition, the rest of the Korbanos Nazir that he brings after that
first Korban do not count as his Korbanos Nazir.
TOSFOS explains that the reason the rest of his Korbanos do not count for
him is because his Gilu'ach that he performed before bringing those Korbanos
was Pasul. The reason it was Pasul is because the Gilu'ach can only be
performed after bringing at least one of the Korbanos. Once it turns out
that his Gilu'ach was Pasul, he has to wait another seven or thirty days
(according to either Rebbi Eliezer or the Rabanan, 16a) to give time for his
hair to grow back before he is fit to be Megale'ach again and bring his
The words of Tosfos are difficult to understand.
According to the Rabanan who hold that Tiglachas is not Me'akev the Nazir
from drinking wine, even if the Nazir is not Megale'ach at all, his Nezirus
ends after he brings the Korbanos! In the previous Sugya we learned that
according to the Rabanan a bald Nazir does not need to be Megale'ach. Why,
then, should the Nazir's Korbanos be Pasul just because now he has no hair
to shave (since he shaved it all off with a Gilu'ach Pasul)?
This question can be answered by saying that even though Tiglachas is not
Me'akev, nevertheless the Nazir must at least have hair that is *fit* to be
Megale'ach at the time that he is able to bring his Korbanos (see Insights
to 39a). Now that his head is shaved, he cannot do Tiglachas. Even though a
bald Nazir does not need to have hair in order to complete his Nezirus,
nevertheless a Nazir who is able to grow hair must have hair that is fit for
Tiglachas in order for him to be able to bring his Korbanos. It is for this
reason that a Nazir must observe an additional thirty days of Nezirus if
someone shaves his head on the last day of his Nezirus.
However, it should suffice merely to have hair that is fit for Gilu'ach at
the time of the completion of the Nezirus. If his hair is cut at that point,
it should not require him to wait until his hair grows back. Even though the
Gemara earlier (39b) says that he does have to wait seven days (according to
Rebbi Eliezer) or thirty days (according to the Rabanan), nevertheless
Tosfos himself writes that the requirement of waiting days of Gidul Se'ar
(growing hair) -- when his hair was cut after the completion of his Nezirus
but before his Tiglachas -- is only *mid'Rabanan* (see Insights to 39a).
Consequently, mid'Oraisa he may bring his Korbanos immediately after his
invalid Gilu'ach, without having to wait seven or thirty days. Why, then,
should the Korbanos that he brings after the Gilu'ach be Pasul mid'Oraisa?
And if they are Pasul only mid'Rabanan, then how can he bring another Chatas
afterwards? It will be Chulin b'Azarah! (KEREN ORAH, BIRKAS ROSH)
ANSWER: It could be that since the Nazir intended to fulfill the Mitzvah
d'Rabanan of bringing Korbanos with Tiglachas that applies to a Nazir whose
hair was cut after "Melos" (the conclusion of his Nezirus), therefore his
Korbanos that he offered, thinking that he had fulfilled the Mitzvah, will
not be valid, in order for him to be able to fulfill the Mitzvah d'Rabanan
of Tiglachas with Korbanos later when his hair grows back. We consider it as
if he brought his Korbanos on condition that they serve as his Korbanos
Nazir only if he is fulfilling the Mitzvah in the proper way.
Alternatively, since he brings his Korbanos according to the will of the Rab
anan ("a'Da'ata d'Rabanan"), the Rabanan are able to make his Korbanos
invalid if they require him to wait an extra seven or thirty days, by
putting into his action the intention that the Korban should not be his
Korban Nezirus, like Tosfos writes in Sukah (3a, DH d'Amar) regarding a
person who sits in a Sukah which is Pasul mid'Rabanan.