Wednesday, November 15, 2006

Daf Yomi - Beitza 20 - The Nazir's Korbanos

The Gemora rules that if one says that he obligates himself to bring a korban todah and he wants to discharge his obligation of bringing his korban chagiga by bringing this todah during Yom Tov, the vow has validity and he must bring the korban todah but he will not fulfill the chagiga obligation with it.

The Gemora also rules that if one declares himself to become a nazir and when he completes his nezirus he will bring the korbanos from the money of maaser sheni, the vow takes affect - he is a nazir, but he may not use the maaser sheni money for the korbanos.

Rashi explains that once one commits to offering a korban, he is immediately obligated to bring it and it's as if hekdesh has taken possession of the money. One cannot use other money for this obligation since hekdesh has already taken hold of his private money.

Tosfos states that if the person would have changed the order of his declaration and stated that on the condition that the nezirus korbanos can come from maaser sheni money, I make myself a nazir or if he states that on the condition that he can discharge his chagiga obligation, he is bringing a korban todah, the condition is valid.

The Lechem Mishna in Hilchos Chagiga (2:14) cites an opinion of a Raavad that agrees with Tosfos regarding a korban todah and chagiga that the stipulation will be effective; however in regards to a nazir, he disagrees and maintains that one cannot obligate himself to become a nazir on the condition that the korbanos come form maaser sheni money. What is the explanation of the Raavad for this distinction?

Rav Elchonon Wasserman explains that the Raavad maintains that one does not obligate himself in the nezirus korbanos, rather he becomes a nazir and the Torah mandates that he must bring korbanos. Therfore, one cannot stipulate that he wants to be a nazir and the korbanos should come from maaser sheni money since the korbanos are not part of his vow. Tosfos holds that the korbanos of the nazir are included in his vow and therefore he can stipulate that he wants to obligate himself to become a nazir but the korbanos can come from maaser sheni money.

Rabbi Shimon holds that one who obligates himself to become a nazir and adhere to all its halachos except for the abstaining from wine, it is not valid and he is not a nazir. It would stand to reason that according to Tosfos, the halacha would be the same if he declares his intention to become a nazir except for the korbanos, it would not be effective. However, according to the Raavad, there can be a distinction since the korbanos are not included in the vow and acceptance of nezirus.

2 comments:

Tzvi said...

and according to the raavad hed be a nazir w/o korbanos?

Avromi said...

im not sure but i think he will be a nazir and then the torah will obligate korbanos - will try to check bli neder