Friday, March 28, 2008

A Short Term of Nezirus

The Mishna states (Nazir 7a) : If one says, “I am hereby a nazir for one large period,” or “I am hereby a nazir for one small period,” or “from here until the end of the world,” he is a nazir for thirty days.

The Meiri explains that when he said “one small period,” he meant to accept a nezirus less than thirty days; and when he said “one large period,” he meant to accept a nezirus longer than thirty days.

Tosfos explains differently: When he said “one small period,” he meant that the observance of the laws of nezirus is easy for him; it is not a bother for him at all. When he said, “one large period,” he meant that an abstinence of thirty days seems to him as a very long time and is a burden upon him.

The Mishna Lemelech asks: Why did Tosfos not explain like the Meiri?

The Be’er Moshe answers: Tosfos wanted the two cases to be similar. Just like by the case of “the large period,” he meant that it is difficult for him, so too, in the case of “the small period,” he meant that it would be easy for him.

The Birchas Rosh writes that there is a practical halachic difference between the two explanations. If one would say, “I am hereby a nazir for one large period and for one small period.” According to Tosfos, he will be required to observe two periods of nezirus. However, according to the Meiri that “a small period” means a nezirus less than thirty days, it will be regarded as if he said, “I am a nazir and one day,” where the halacha is that he will be a nazir for thirty-one days.

Reb Moshe Mordechai Halevi Shulzinger writes that there can be another difference according to that which the Minchas Chinuch (368:4) states: If one accepts to become a nazir for one day, although he is obligated to observe a nezirus for thirty days, nevertheless, the prohibition against violating his word is only applicable for one day. According to the Meiri, when one said, “I am hereby a nazir for a small period,” he is only accepting for one day. Although the halacha is that he is a nazir for thirty days, the prohibition against violating his vow will only be applicable for one day. However, according to Tosfos, he is accepting an ordinary nezirus; he is just saying that it is easy for him. Accordingly, the prohibition against violating his word will apply for the entire nezirus.

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