Babylonian Talmud: Tractate Nazir

Folio 61a

R. Hiyya taught [the following differences: The leper polls] before bathing, [the unclean nazirite] after bathing; the former before the sprinkling of the blood, the [clean nazirite] after the sprinkling of the blood.

SINCE POLLING ON ACCOUNT OF [LEPROUS] DISEASE etc. Rami b. Hama propounded: Are the four pollings required¹  for carrying out a religious duty,²  or whether they are merely in order to remove defiled hair?³  The practical issue is whether this may be removed with nasha.⁴  For if we say that they are a religious duty It would not be permitted to treat [the hair] with nasha, whereas if their purpose is simply the removal of defiled hair, treatment with nasha would be permitted. What, then, is the law? — Raba replied: Come and hear: And he is required to undergo four pollings.⁵  Now if you assume that their purpose is simply the removal of defiled hair, three [pollings] alone should suffice.⁶  Hence you may prove that they are [all] a religious duty. This proves It.

CHAPTER IX

MISHNAH. GENTILES HAVE NO [COMPETENCE FOR] NAZIRITESHIP,⁷  BUT WOMEN AND SLAVES⁸  HAVE. THE NAZIRITE VOW IS MORE STRINGENT IN THE CASE OF WOMEN THAN IN THE CASE OF SLAVES, FOR A MAN CAN COMPEL HIS SLAVE [TO BREAK HIS VOW]⁹  BUT HE CANNOT COMPEL HIS WIFE [TO DO SO].

GEMARA. The Mishnah teaches that GENTILES HAVE NO [COMPETENCE FOR] NAZIRITESHIP [etc.]. How do we know this? — For our Rabbis taught: [Scripture says] Speak unto the children of Israel,¹⁰  but not to Gentiles; and say unto them, thereby including slaves.¹¹

But what need is there of a Verse,¹²  Seeing that there is a principle that every precept incumbent on women is also incumbent on slaves?¹³  — Raba replied: [Naziriteship] is different [from other laws]. For there is a verse, [When a man voweth a vow] to bind his soul with a bond,¹⁴  which thus refers to one who is his own master¹⁵  and excludes slaves who are not their own masters.¹⁶  Now because [slaves] are not their own masters it might be thought that they are precluded from making nazirite-vows¹⁷  and so we are told [this is not so].

The Master stated: 'Speak in to the children¹⁸  of Israel but not to Gentiles.' But does the mention of Israel always exclude Gentiles?¹⁸  Is there not written in connection with 'Arakin,¹⁹  Speak unto the children of Israel,²⁰  and yet it has been taught: 'Israelites can vow 'Arakin but not Gentiles. It might be thought that [Gentiles] cannot be the subject of 'Arakin vows either,²¹  but the verse says A man'?²²  — [Naziriteship] is different, for here there is a verse, He shall not make himself unclean for his father or his mother,²³  which shows that [the passage] is referring to such as have a [legal] father,²⁴  and thus excluding Gentiles who have no [legal] father. In what respect have Gentiles no father? Shall I say it is as regards inheritance?²⁵  Surely R. Hiyya b. Abin, citing R. Johanan has said that a Gentile inherits his father in Torah-law, for there is a verse, Because I have given Mount Seir to Esau for an [inheritance]!²⁶  — You must therefore mean that such as are bound to honour their fathers [are referred to].²⁷  But does it say Honour thy father in connection with nazirites?²⁸  — We must therefore say that the verse, 'He shall not make himself unclean for his father or his mother' shows that only those to whom [the laws of] defilement apply [can assume naziriteship]

1. For a nazirite who was both doubtfully a leper and doubtfully defiled.
2. I.e., whether each one is a religious duty requiring a razor.
3. And only the polling of a clean nazirite requires a razor.
4. A plant depilatory. v. supra p. 146, n. 4.
5. The Baraitha cited above.
6. For only the first three pollings are because of the doubtful leprosy and defilement. The fourth is certainly an ordinary polling of a clean nazirite. Hence since the Baraitha makes no distinction between them, they must all be equally a religious duty.
7. I.e., if a gentile undertakes to be a nazirite, the vow is of no effect.
8. I.e., non-Jewish slaves who, after having submitted to circumcision and the prescribed ablution, are subject to the fulfilment of certain precepts.]
9. As long as the slave belongs to him.
10. Num. VI, 2; opening the chapter on naziriteship.
11. 'Israel' is not repeated, and thus we infer that others than Israelites can undertake naziriteship, i.e., slaves also.
12. To allow slaves to undertake naziriteship.
13. Women are explicitly allowed to become nazirites (Num. VI, 2). For the principle. v. Chag. 4a.
14. Num. XXX, 3 which lays down that vows are binding.
15. Lit., 'whose soul (person) belongs to himself'.
16. A slave's vows are not binding.
17. Since they are also a kind of vow.
18. From the scope of the scriptural passage in which it occurs.
19. Vows of' valuation, v. Lev. XXVII.
20. Lev. XXVII, 1.
21. I.e., that an Israelite cannot vow to give the valuation of a Gentile.
22. Ibid. v. 2: 'When a man shall clearly utter a vow of persons unto the Lord according to thy valuation'. Thus we see that 'Israel' in v. 1 does not exclude Gentiles entirely from the scope of the chapter, but only disqualifies them from vowing 'Arakin. Similarly, since the word 'man' also occurs in connection with naziriteship (Num. VI, 2), Gentiles should not he wholly excluded from naziriteship.
23. Num. VI, 7.
24. Viz.: Jews, who in all matters belong to their fathers' family, Gentiles, on the other hand, are held in Jewish law to count descent from the mother.
25. I.e., that a Gentile should not inherit his father.
26. E.V. 'possession. Deut. II, 5.
27. V. Num. VI, 7. And since a Gentile is nor hound by the commandment, he cannot become a nazirite.
28. That you hold Gentiles to be excluded from the scope of the chapter.

Nazir 61b

How do we know that [the laws of] defilement do not apply to them? — The verse says. But the man that shall be unclean and shall not purify himself that soul shall be cut off from the midst of the kahal [assembly],¹  referring to such as form a kahal and excluding [gentiles] who do not form a kahal.²

How does it follow [that the laws of defilement do not apply to gentiles]? Perhaps [all that is meant is that] he is not liable to kareth [excision],³  but [the laws of] defilement do apply [to him]?⁴  Scripture Says, And the clean person shall sprinkle upon the unclean,⁵  [teaching that] whoever can become clean,⁶  becomes unclean, and whoever cannot become clean does not become unclean.⁷

But perhaps we may say that while [the laws of] purification do not apply to [gentiles], yet [the laws of] defilement do apply?⁸  — Scripture says, But the man that shall be unclean and shall not purify himself.⁹

R. Aha b. Jacob said: [Naziriteship] is different,¹⁰  for here there is a verse, And ye may make them an inheritance for your children after you.¹¹  [From this we learn that] to whomsoever [the laws of] inheritance [of slaves] apply, to him [the laws of] defilement apply, and to whomsoever [the laws of] inheritance [of slaves] do not apply, to him [the laws of] defilement do not apply.¹²

If that is the reason [that gentiles cannot become nazirites],¹³  then slaves too should not be able [to become nazirites]?¹⁴  — In point of fact, said Raba, [the following is the reason that gentiles are wholly excluded from naziriteship].¹⁵  It is quite permissible in the case of 'Arakin [to argue thus:] when it says, 'the children¹⁶  of Israel' [it implies that] Israelites can vow 'Arakin but not gentiles. I might go on to infer from this that [gentiles] cannot be the subject of 'Arakin vows either,¹⁶  Scripture [therefore] says 'all'¹⁷  [But you cannot similarly argue] here, [in the case of naziriteship as follows: The words 'children of Israel' imply that] Israelites can undertake nazirite — vows and bring the offering [due on terminating the naziriteship], but not gentiles.¹⁸  I might go on to infer from this that [gentiles] cannot become nazirites at all. Scripture [therefore] says 'man'.¹⁹  For I will say such an argument is inadmissable²⁰  since [the exclusion of gentiles] from [bringing the nazirite] offering is not inferred from this [verse], but from elsewhere, [as has been taught:] R. Jose, the Galilean said, [the verse] for a burnt-offering²¹  serves to exclude [a gentile] from [bringing] the nazirite-offerings.²²

Why not argue [as follows: The words 'children of Israel' imply that] Israelites can undertake life-naziriteships but not gentiles. I might go on to infer from this that [gentiles] cannot undertake [ordinary] nazirite-vows either,²³  Scripture [therefore] says 'man'?²⁴  R. Johanan replied: Is the life-nazirite mentioned [in Scripture]?²⁵

Why not argue [as follows: The words children of Israel imply that] Israelites can impose nazirite-vows upon their children, but not gentiles. I might go on to infer from this that [gentiles] cannot become nazirites [at all]. Scripture [therefore] says 'man'?²⁶  But R. Johanan has said that this is a [traditional] ruling with regard to the nazirite!²⁷

Why not argue [as follows: The words 'children of Israel' imply that] Israelites can poll [with the offerings due] for their father's nazirite-sacrifices,²⁸  but not gentiles.

1. Num. XIX, 20.
2. The term 'kahal is used of Jews only.
3. If he enters the Temple whilst defiled; for the word kahal is used in the phrase referring to excision. On kareth v. Glos.
4. I.e., he can become unclean and defile others.
5. Num. XIX, 19.
6. I.e., by undergoing the purification rites. [These rites are specially prescribed for the congregation of the children of Israel. V. Num. XIX, 9.]
7. And since a gentile cannot undergo the purification rites, he does not become unclean.
8. I.e., having become unclean, he can defile others and remains unclean himself, but he cannot become clean again.
9. Num. XIX, 20. Implying that wherever there can be no purification, there is no defilement.
10. From 'Arakin. And when we said that gentiles have no legal father, it was in respect of slaves.
11. Lev. XXV, 46. Referring to gentile slaves. A gentile cannot bequeath his slaves in Torah-law; v. Git. 38a.
12. And since the laws of defilement do not apply to gentiles, they cannot become nazirites.
13. Viz., that they cannot bequeath their slaves to their heirs.
14. For the laws of inheritance do not apply to slaves. A slave's property becomes his masters.
15. Although the mention of 'children of Israel' does not necessarily exclude gentiles from the scope of a scriptural passage.
16. I.e., that gentiles are wholly excluded from the scope of the passage dealing with 'Arakin.
17. And gentiles may be the subject of an 'Arakin vow though they cannot make such a vow.
18. Thus the mention of 'children of Israel' excludes gentiles from the scope of the nazirite passage.
19. Num. VI, 2. The mention of 'man' now partially includes gentiles within the scope of the passage. They can become nazirites, but may not bring the offerings due on terminating the naziriteship.
20. I.e., it is impossible to utilise the words 'children of Israel' merely in order to exclude gentiles from bringing the nazirite offerings.
21. Lev. XXII, 18.
22. V. Men. 73b. Thus the words 'children of Israel' must wholly exclude gentiles from naziriteship.
23. I.e., gentiles are wholly excluded from the scope of the nazirite passage.
24. They can become ordinary nazirites.
25. We learnt about it from the case of Absalom (supra 4b). Hence the verse cannot be referring to the life-nazirite at all.
26. They can themselves under — take nazirite-vows but cannot impose them upon their children.
27. Supra 28b. Hence, Scripture cannot be referring to this ruling.
28. Supra 30a.