Babylonian Talmud: Tractate Nazir

Folio 17a

A [further] objection was raised by him [as follows]: The only difference between a person ritually defiled who makes a nazirite vow, and a ritually clean nazirite who becomes unclean, is that the former reckons his seventh day [of purification] as part of his period [of naziriteship], whereas the latter does not reckon his seventh day [of purification] as part of his [new] period. If now you assume that [the vow of the unclean person] does not take effect, how is [the seventh day] to be counted [in his period]? — Mar b. R. Ashi said: Both [R. Johanan and Resh Lakish] agree that [the vow] does take effect; where they differ is whether there is [to be a penalty of] stripes.²  R. Johanan is of the opinion that since [the vow] takes effect, he suffers the penalty of stripes, but Resh Lakish is of the opinion that there is no penalty of stripes, although [the vow] does take effect.

R. Johanan raised an objection to Resh Lakish [from the following]: IF A MAN MAKES A NAZIRITE VOW WHILST IN A GRAVEYARD, THEN EVEN IF HE SHOULD REMAIN THERE FOR THIRTY DAYS, THESE ARE NOT RECKONED, AND HE DOES NOT HAVE TO BRING THE SACRIFICE [PRESCRIBED] FOR RITUAL DEFILEMENT. [This implies, does it not,] that it is only the sacrifice prescribed for ritual defilement that he does not have to bring, but he does suffer stripes? — Strictly speaking, it should have stated that he does not receive stripes, but since it was requisite in the subsequent clause to mention that where HE LEAVES [THE GRAVEYARD] AND RE-ENTERS, THE [PERIOD] IS RECKONED, AND HE MUST BRING THE SACRIFICE [PRESCRIBED] FOR DEFILEMENT, the initial clause, too, mentions that he need not bring the sacrifice [prescribed] for ritual defilement.³

Come and hear: The only difference between a ritually defiled person who makes a nazirite-vow, and a ritually clean nazirite who becomes unclean, is that the former reckons his seventh day [of purification] as part of his period [of naziriteship], whereas the latter does not reckon his seventh day as part of his period. [Does not this imply] that as regards stripes, they are on a par? — He⁴  replied: Not so. Where they are on a par is as regards polling.

[You aver, then,] that the latter receives stripes,⁵  but the former does not do so. Why is this not mentioned? — The [Baraitha] is referring to that which is serviceable⁶  to him, not to that which is to his detriment.⁷

Come and hear: Whosoever was ritually defiled and vowed to be a nazirite is forbidden to poll, or to drink wine. If he should poll, or drink wine, or come into contact with the [human] dead, he is to receive the forty stripes? This is undeed a refutation.⁸

Raba enquired: If a man vows to be a nazirite whilst in a graveyard, what is the law? Has he to be [in the graveyard] a certain time⁹  for him to be liable to stripes, or not?

What are the circumstances? If he was told not to make a nazirite vow, why should any length of stay be necessary? What is the reason why no length of stay [in the graveyard] is necessary for the [ritually clean] nazirite [to be liable to stripes]? It is because he was forewarned;¹⁰  and here too he was forewarned!

1. When he had become clean and repeated the vow.
2. [For contracting defilement whilst making his vow in the graveyard.]
3. Thus making the two clauses symmetrical in form.
4. Resh Lakish.
5. For defilement.
6. To know when to commence the naziriteship.
7. To receive stripes.
8. Of Resh Lakish
9. A minimum period. V. Shebu. 17a.
10. Of the prohibition against defiling himself.

R. Ashi raised the following question: If a man vows to become a nazirite whilst in a graveyard, is he required to poll or not? Is polling required only of a ritually clean nazirite who has contracted ritual defilement, because he has defiled his consecration,⁶  and not of a ritually unclean person who makes a nazirite vow, or is there no difference [between the two]? — Come and hear: IF A MAN MAKES A NAZIRITE VOW WHILST IN A GRAVEYARD, THEN EVEN IF HE REMAINS THERE FOR THIRTY DAYS, THESE ARE NOT RECKONED, AND HE DOES NOT HAVE TO BRING THE SACRIFICE [PRESCRIBED] FOR RITUAL DEFILEMENT. [This implies, does it not,] that it is only the sacrifice prescribed for ritual defilement that need not be brought, but that polling is necessary! [That is not so.] The statement is made as a reason [for something else]. The reason that he need not bring the sacrifice prescribed for ritual defilement is that polling is unnecessary.⁷

Come and hear: The only difference between a ritually defiled person who makes a nazirite vow and a ritually clean nazirite who contracts ritual defilement is that the former reckons his seventh day [of purification] as part of his period [of naziriteship], whereas the latter does not reckon his seventh day as part of his [new] period. Surely, then, as regards polling both are on the same footing? — No! Where both are on the same footing is as regards stripes. In the case of polling, [you aver that] one polls and the other does not. Then why not mention this? — The seventh day is mentioned, and includes all observances dependent upon it.⁸

Come and hear: I am only told here⁹  that the period of his ritual defilement is not reckoned [in the days of his naziriteship]. How do we know [that the same is true] of the period of declared leprosy?¹⁰  This can be derived from an analogy [between the two]. Just as after the period of ritual defilement he is required to poll and bring a sacrifice, so after the period of declared leprosy he is required to poll and bring a sacrifice; and so just as the period of ritual defilement is not reckoned, the period of declared leprosy ought not to be reckoned. — Not so! For in the case of the period of defilement, it may he because this renders void the former reckoning¹¹  that it is not reckoned, whereas the period of declared leprosy does not render void the former reckoning,¹²  and therefore it should itself be reckoned. — I will put the argument differently. Seeing that 'a nazirite in a graveyard',¹³  whose hair is ripe for polling,¹⁴  does not count [the days spent in the graveyard as part of his naziriteship], surely the period of declared leprosy, when his hair is not ripe for polling,¹⁵  should not be counted.¹⁶  Now surely polling as a result of his defilement is meant?¹⁷  — No! the reference may be to polling [after observing the nazirite vow] in ritual purity.¹⁸  This is indeed evident.

1. And therefore did not con-tract uncleanness when in the graveyard, being in a separate place.
2. After he had vowed to become a nazirite.
3. Viz., sufficient for prostration. V. Shebu. 17a.
4. To cases not connected with the Temple, e.g.. when a nazirite becomes unclean inside the graveyard.
5. And therefore in the graveyard also a certain length of stay is required.
6. V. Num. VI, 9.
7. The problem therefore remains.
8. The seventh day is counted as part of his naziriteship because he need not bring a sacrifice, and he does not bring a sacrifice since he does not poll.
9. In Num. VI, 22.
10. Cf. Lev. XIII, 3ff.
11. The period of naziriteship counted before defilement.
12. The period counted before leprosy.
13. I.e., one who made the vow of naziriteship in a graveyard.
14. For he will poll automatically at the end of the seven days of purification, just as a ritually clean nazirite polls at the end of his naziriteship. This is the initial interpretation of the argument as understood by the Gemara.
15. There is no definite period at which he has to poll, but he must wait until he recovers from the disease.
16. The whole of the above paragraph is a quotation from Sifre on Num. VI, 12.
17. I.e., surely the phrase 'whose hair is ripe for polling' means that he must poll as a result of his defilement in the graveyard, so that R. Ashi's question is answered in the affirmative.
18. So that the argument is: Seeing that 'a nazirite in a graveyard' whose hair will be ripe for polling after he has purified himself and observed the period of his naziriteship, does not count etc., surely the leper, whose hair is not ripe for polling as part of his naziriteship because he must poll on recovery from his disease before he commences to count the naziriteship, ought not to count etc.