Friday, March 28, 2008

Ruling Leniently by a Nazir; Even Nowadays

The braisa states (Nazir 8a): If someone said that he will be a nazir on condition that in this silo there are one hundred kur (type of measurement), and it was found out that some of the grain was stolen or lost and there is therefore no way of knowing for sure how much grain was there, Rabbi Shimon says he must be a nazir as a doubt of nezirus is resolved stringently.

Rabbi Yehudah said: He does not have to be a nazir, as a doubt of nezirus is resolved leniently.

The Mefaresh explains that we do not rule that he should be a nazir based upon our uncertainty, since we do not want that he should offer unconsecrated sacrifices (if he is actually not a nazir) into the Beis Hamikdosh upon conclusion of his nezirus.

It should emerge, according to this logic, that nowadays, when there are no korbanos, and the aforementioned concern is not applicable, Rabbi Yehudah should agree that we should rule stringently that he is a nazir.

However, the Maharam Mipadava (71) writes that we find many places that the ruling does not change because perhaps the Beis Hamikdosh will be built the following day. So too, here, we say that the Beis Hamikdosh might be built the following day, and he will be bringing unconsecrated offerings into the Beis Hamikdosh. Therefore, the ruling remains that he is not regarded as a nazir.