Halacha
הלכה א
נָּזִיר שֶׁשָּׁתָה יַיִן וְאָכַל יוֹצֵא מִן הַגֶּפֶן אֲפִלּוּ יָמִים רַבִּים אֵינוֹ סוֹתֵר מִימֵי נְזִירוּתוֹ אֲפִלּוּ יוֹם אֶחָד. וְכֵן אִם גִּלֵּחַ מִעוּט שְׂעַר רֹאשׁוֹ בֵּין בְּשׁוֹגֵג בֵּין בְּמֵזִיד. נִתְגַּלֵּחַ רֹב רֹאשׁוֹ בֵּין בְּתַעַר בֵּין כְּעֵין תַּעַר וְלֹא נִשְׁאַר מִן הַשְּׂעָרוֹת כְּדֵי לָכֹף רֹאשָׁן לְעִקָּרָן בֵּין בְּזָדוֹן בֵּין בִּשְׁגָגָה אֲפִלּוּ גִּלְּחוּהוּ לִסְטִים בְּאֹנֶס הֲרֵי זֶה סוֹתֵר שְׁלֹשִׁים יוֹם עַד שֶׁיִּהְיֶה לוֹ פֶּרַע וְאַחַר כָּךְ מַתְחִיל לִמְנוֹת:
כסף משנה
1.
When a nazirite drinks wine or eats a grape product, even if he does so for many days, he does not invalidate even one of the days of his nazirite vow.1Thus if he drank wine for ten days in a thirty day nazirite period, he need not observe more than the thirty days. Similar [principles apply] if he shaved a minority of his head, whether intentionally or unintentionally.If, however, the majority of his head was shaved, whether with a razor or through another means which is as effective as a razor and enough of the hairs to fold over their head to their base2See Chapter 5, Halachah 11. were removed whether intentionally or unintentionally3I.e., the ruling is not dependent on his intent, but on the fact, is the majority of his head shaven or not. - even if thieves shaved his head against his will - thirty days are invalidated. [He must wait] until he has an uncut mane of hair.4I.e., and growing such a mane of hair takes 30 days. Afterwards, he counts [the remaining days].
הלכה ב
כֵּיצַד. נָדַר נְזִירוּת מֵאָה יוֹם וּלְאַחַר עֶשְׂרִים יוֹם נִתְגַּלֵּחַ רֹב רֹאשׁוֹ הֲרֵי זֶה שׁוֹהֶה שְׁלֹשִׁים יוֹם עַד שֶׁיִּרְבֶּה שְׂעַר רֹאשׁוֹ. וְאַחַר הַשְּׁלֹשִׁים יוֹם מוֹנֶה שְׁמוֹנִים יוֹם תַּשְׁלוּם יְמֵי נְזִירוּתוֹ. וְכָל אוֹתָן הַשְּׁלֹשִׁים יוֹם כָּל דִּקְדּוּקֵי נְזִירוּת עָלָיו אֶלָּא שֶׁאֵין עוֹלִין לוֹ מִן הַמִּנְיָן:
כסף משנה
2.
What is implied? A person took a nazirite vow for 100 days5According to the Rambam, the same ruling applies whether the nazirite vow is for 30 days or longer. and after 20 days, the majority of his hair was shaved. He must wait 30 days until the hair of his head grows. After 30 days, he counts eighty days to complete his nazirite vow. Throughout these 30 days, he must observe all the particular nazirite law, but the days are not counted [as part of his nazirite vow].הלכה ג
נָזִיר שֶׁנִּטְמָא בֵּין בְּזָדוֹן בֵּין בִּשְׁגָגָה וַאֲפִלּוּ טִמְּאוּהוּ עַכּוּ''ם בְּאֹנֶס סָתַר הַכּל. וּמְגַלֵּחַ תִּגְלַחַת טֻמְאָה וּמֵבִיא קָרְבְּנוֹת טֻמְאָה וּמַתְחִיל לִמְנוֹת יְמֵי נְזִירוּת שֶׁנֶּאֱמַר (במדבר ו יב) "וְהַיָּמִים הָרִאשׁוֹנִים יִפְּלוּ". וַאֲפִלּוּ נִטְמָא בְּיוֹם מְלֹאת יְמֵי נִזְרוֹ בְּסוֹף הַיּוֹם סָתַר הַכּל:
כסף משנה
3.
When a nazirite contracted ritual impurity [stemming from a corpse] whether intentionally or unintentionally - even if gentiles caused him to incur impurity against his will - all of the days he observed are invalidated. He must perform the shaving required for impurity,6See Halachah 11 bring the sacrifices [associated with arising from] impurity, and begin to count the days of his nazirite vow [anew]. [This is implied by Numbers 6:12]: "The first days will fall." Even if he becomes impure on the day that he completes his [nazirite] vow,7I.e., the thirtieth day of an ordinary nazirite vow or the last day of a prolonged vow. at the conclusion of the day, all of the days are invalidated.הלכה ד
נִטְמָא אַחַר יוֹם מְלֹאת, שֶׁהוּא יוֹם הֲבָאַת קָרְבְּנוֹת טָהֳרָה אִלּוּ לֹא נִטְמָא, סוֹתֵר שְׁלֹשִׁים בִּלְבַד. וְכֵיצַד יַעֲשֶׂה. מֵבִיא קָרְבְּנוֹת טֻמְאָה כְּשֶׁיִּטְהַר וּמְגַלֵּחַ תִּגְלַחַת טֻמְאָה וּמַתְחִיל לִמְנוֹת נְזִירוּת שְׁלֹשִׁים יוֹם וּמְגַלֵּחַ תִּגְלַחַת טָהֳרָה וּמֵבִיא קָרְבְּנוֹת טָהֳרָה. וְאִם נִטְמָא אַחַר שֶׁנִּזְרַק עָלָיו אֶחָד מִן הַדָּמִים אֵינוֹ סוֹתֵר כְּלוּם אֶלָּא יָבִיא שְׁאָר קָרְבְּנוֹת טָהֳרָה שֶׁלּוֹ כְּשֶׁיִּטְהַר:
כסף משנה
4.
If he contracted impurity on the day after he completed [his nazirite vow], i.e., the day on which he would have brought the sacrifices [associated with the completion of a nazirite vow] in purity had he not become impure, he invalidates only 30 days.8I.e., thus had he taken a prolonged nazirite vow, he will benefit from the observance of all the days beyond the minimum of thirty. The commentaries discuss whether the invalidation of the 30 days is a Sciptural requirement or a Rabbinic decree.What should he do? He must bring the sacrifices [associated with arising from] impurity when he becomes pure and perform the shaving required for impurity. He then observes the nazirite laws for 30 days, he performs the shaving [associated with completing a nazirite vow] in purity and brings the appropriate sacrifices.9See Chapter 8, Halachah 1. If he contracts ritual impurity after the blood [of any of the sacrifices] was sprinkled upon him, none [of the days] are invalidated.10For once the blood is sprinkled upon him, he is considered to have completed his nazirite vow (Nazir 46a; see also Chapter 8, Halachah 5). Instead, he should bring the remainder11I.e., the sacrifices other than the one whose blood was sprinkled on him. They were disqualified because of the impurity he contracted. of the sacrifices [associated with completing a nazirite vow] in purity after he regains ritual purity.12For while a person is impure due to ritual impurity contracted from contact with a corpse, we do not offer any sacrifices for him (Hilchot Bi'at HaMikdash).
הלכה ה
נִטְמָא בַּיּוֹם שֶׁלְּאַחֲרָיו שֶׁהוּא יוֹם שֶׁרָאוּי לְגַדֵּל שֵׂעָר. אִלּוּ גִּלֵּחַ אַחַר מְלֹאת הֲרֵי זֶה אֵינוֹ סוֹתֵר כְּלוּם אַף עַל פִּי שֶׁעֲדַיִן לֹא גִּלֵּחַ שֶׁהֲרֵי שָׁלְמָה הַנְּזִירוּת וְכָל שֶׁנִּטְפַּל לָהּ:
כסף משנה
5.
If he contracted ritual impurity on the following day,13E.g., after an ordinary nazirite vow on the thirty-second day or on the hundred and second day if he took a nazirite vow for 100 days (Meiri, Nazir 14b). i.e., the day which is fit for him to begin letting his hair grow, had he shaven his hair after the completion of his vow,14Our text reflects the version of the Mishneh Torah in authoritative manuscripts and early printings. The standard version of the text reads somewhat differently. he does not invalidate anything even though he did not shave yet. For he has completed his nazirite vow and everything associated with it.15Even though he has neither shaved, nor brought his sacrifices (Meiri, loc. cit.).הלכה ו
נִטְמָא בַּיּוֹם שֶׁנָּדַר אוֹ בַּשֵּׁנִי אֵינוֹ סוֹתֵר אֶלָּא מַשְׁלִים עֲלֵיהֶם אַחַר שֶׁיָּבִיא קָרְבָּנוֹ שֶׁנֶּאֱמַר (במדבר ו יב) "וְהַיָּמִים הָרִאשׁוֹנִים יִפְּלוּ" עַד שֶׁיִּהְיוּ שָׁם שְׁנֵי יָמִים רִאשׁוֹנִים. לְפִיכָךְ אִם נִטְמָא מִשְּׁלִישִׁי וָהָלְאָה סוֹתֵר כָּל הַקּוֹדְמִין:
כסף משנה
6.
If he becomes impure on the day he took the [nazirite] vow or on the second day, [these days] are not invalidated. Instead, he completes [the days of his vow including] them after he brings his sacrifices.16I.e., the sacrifices that must be brought when a nazirite becomes impure, as described in Halachah 11. [This is derived from the prooftext cited above:] "The days will fall." [The use of the plural implies that] there must be at least two [full] days. Therefore if he becomes impure from the third day onward, he invalidates all the previous days.הלכה ז
נָדַר בְּנָזִיר וְהוּא טְמֵא מֵת חָלָה עָלָיו נְזִירוּת. וְאִם נִטְמָא פַּעַם אַחֶרֶת אוֹ שָׁתָה יַיִן אוֹ גִּלֵּחַ לוֹקֶה. וְאִם שָׁהָה בְּטֻמְאָתוֹ כַּמָּה יָמִים אֵין עוֹלִין לוֹ עַד שֶׁיַּזֶּה שְׁלִישִׁי וּשְׁבִיעִי וְיִטְבּל בַּשְּׁבִיעִי וְיוֹם שְׁבִיעִי שֶׁלּוֹ עוֹלֶה לוֹ מִמִּנְיַן נְזִירוּת לָזֶה שֶׁנָּדַר וְהוּא טָמֵא. אֲבָל נָזִיר טָהוֹר שֶׁנִּטְמָא אֵינוֹ מַתְחִיל לִמְנוֹת אֶלָּא מִיּוֹם הַשְּׁמִינִי וָהָלְאָה:
כסף משנה
7.
When a person takes a nazirite vow although he is ritually impure due to contact with a corpse, the nazirite vow takes effect.17And he must observe the relevant prohibitions. If he becomes impure again,18See Chapter 5, Halachah 17. drinks wine, or shaves his head, he is liable for lashes. If he remains impure for several days, they are not counted for him until he has [the ashes of the Red Heifer] sprinkled upon him on the third and seventh days [after he contracted ritual impurity] and he immerses himself [in a mikveh] on the seventh day.19This is the requirement to be observed when emerging from the impurity associated with a human corpse, as described in Hilchot Parah Adumah 11:1. If the impure person has the ashes sprinkled upon him on after the third day of his impurity, the second sprinkling must be performed four days afterwards. When a person takes a [nazirite] vow while he is ritually impure, the seventh day is counted for him.20As stated in the following halachah, such a person is not required to bring any sacrifices after emerging from impurity. Hence, he may begin counting from the seventh day when he becomes ritually pure. Since a nazirite who becomes impure is required to bring sacrifices on the eighth day (see Halachah 11), he does not begin counting the days of his nazirite vow until that day (Kessef Mishneh). When, by contrast, a nazirite who was ritually pure, became impure, he should not begin counting until the eighth day.הלכה ח
מִי שֶׁנָּדַר וְהוּא בְּבֵית הַקְּבָרוֹת נְזִירוּת חָלָה עָלָיו וַאֲפִלּוּ שָׁהָה שָׁם כַּמָּה יָמִים אֵין עוֹלִין לוֹ וְלוֹקֶה עַל שְׁהִיָּתוֹ שָׁם. וְאִם הִתְרוּ בּוֹ שֶׁלֹּא יַזִּיר שָׁם אֵינוֹ מְגַלֵּחַ שְׂעָרוֹ כְּשֶׁיֵּצֵא מִשָּׁם. וְאִם נִטְמָא שָׁם בְּבֵית הַקְּבָרוֹת בְּאַחַת מִן הַטֻּמְאוֹת שֶׁהַנָּזִיר מְגַלֵּחַ עֲלֵיהֶן אֵינוֹ מְגַלֵּחַ וְאֵינוֹ מֵבִיא קָרְבָּן טֻמְאָה:
כסף משנה
8.
When a person takes a nazirite vow in a cemetery, the nazirite vow takes effect.21Even though he contracts impurity there, as stated in the previous halachah. Even if he remains there for several days, they are not counted for him. He is liable for lashes for remaining there.22I.e., provided he remains there for the time it takes to prostrate oneself (Chapter 5, Halachah 19). If he was warned not to take a nazirite vow while there, he should not shave his hair when he leaves there.23I.e., since he is not required to bring a sacrifice, he is not required to shave (Radbaz). The commentaries question, however, why the Rambam mentions a warning in regard to shaving. The only halachic context where a warning is relevant is with regard to lashes. The Radbaz explains that a printing error crept into the text and the proper version should read: "If he was warned not to take a nazirite vow while there, he is liable for lashes. He should not shave his hair...." The Kessef Mishneh also suggests a similar, but not identical emendation. It must, however, be noted that the present version of the text is found in many authoritative manuscripts and early printings of the Mishneh Torah. The Kiryat Sefer attempts to explain its meaning. If while in the cemetery he contracted impurity in one of the ways which would require a nazirite to shave,24See Chapter 7, Halachot 2-6. The impurity imparted by the cemetery itself is never sufficient to warrant shaving as explained there. he should neither shave nor bring a sacrifice [associated with emerging from] impurity.25Since he was not pure at the time he took the nazirite vow, he is not required to shave when he incurs impurity.הלכה ט
נִכְנַס לְשָׁם בְּשִׁדָּה תֵּבָה וּמִגְדָּל וּבָא חֲבֵרוֹ וּפָרַע עָלָיו אֶת הַמַּעֲזִיבָה וְנִטְמָא אַף עַל פִּי שֶׁשָּׁהָה שָׁם אֵינוֹ לוֹקֶה. אֲבָל מַכִּין אוֹתוֹ מַכַּת מַרְדּוּת אִם שָׁהָה:
כסף משנה
9.
If [a nazirite] entered [a cemetery] in a closed container, chest, or closet, [made a nazirite vow there, and then] a colleague came and opened the top,26Without his consent. If he acted with his consent, he is liable, as stated in Chapter 5, Halachah 18. [causing] him to contract ritual impurity, he is not liable for lashes even though he remains there.27From Chapter 5, Halachah 19, one might think that the nazirite would be liable, because he remained in the cemetery in a state of ritual impurity. Indeed, the Ra'avad argues that he should be held liable if he remains. Nevertheless, according to the Rambam's understanding of Nazir 17b, it can be explained that possibly, a distinction can be made between a nazirite who took his vow outside the cemetery and one who took his vow inside the cemetery in such a situation. The rationale is that if he was a nazirite previously, entry into the cemetery in a closed container put him in a precarious position. Hence, he is liable if he remains there. In this instance, since he was not a nazirite previously, there is no difficulty with his entry. Hence he is not liable for remaining (Ma'aseh Rokeach). The Radbaz does not accept this explanation and maintains that here, the nazirite is not liable only because he was not given a warning. He does, however, receive stripes for rebellious conduct if he remains [there].28For although it is questionable whether he is liable according to Scriptural Law, he is definitely treating his nazirite vow lightly. Hence, he is given this punishment according to Rabbinic Law.הלכה י
יָצָא מִבֵּית הַקְּבָרוֹת וְשָׁהָה יָמִים וְחָזַר וְנִכְנַס אֵין אוֹתָן הַיָּמִים עוֹלִין לוֹ. יָצָא וְהִזָּה וְטָבַל וְטָהַר וּמָנָה יָמִים מִנְּזִירוּתוֹ וְחָזַר לְבֵית הַקְּבָרוֹת אוֹתָן הַיָּמִים שֶׁמָּנָה עוֹלִין לוֹ. וַאֲפִלּוּ נִכְנַס בְּיוֹם שְׁמִינִי שֶׁלּוֹ הֲרֵי הַשְּׁבִיעִי שֶׁלּוֹ עוֹלֶה לוֹ מִן הַמִּנְיָן. וְאִם נִטְמָא שָׁם אַחַר שֶׁנִּכְנַס בְּאַחַת מִן הַטֻּמְאוֹת שֶׁהַנָּזִיר מְגַלֵּחַ עֲלֵיהֶן מֵבִיא קָרְבַּן טֻמְאָה וְסוֹתֵר הַיָּמִים הַקּוֹדְמִין וּמְגַלֵּחַ תִּגְלַחַת טֻמְאָה:
כסף משנה
10.
When the nazirite29This is also speaking about a nazirite who accepted his nazirite vows in a cemetery. left the cemetery, remained several days [outside], and then returned, the days he remained outside are not counted [as part of his nazirite vow].30Since he did not emerge from ritual impurity, even though he left the cemetery, the laws stated in Halachah 8 apply and he is not required to bring a sacrifice even if he certainly becomes impure in a manner which would ordinarily require a nazirite to bring a sacrifice upon his emergence from impurity. If he departed, had [the ashes of the Red Heifer] sprinkled upon him, immersed himself [in a mikveh],31I.e., performed the rites necessary to emerge from ritual impurity. counted several days of his nazirite vow and returned to the cemetery, the days that he counts are significant for him.32I.e., the days he counted before reentering the cemetery. The days he spent in the cemetery are not counted, as indicated by Chapter 7, Halachah 7. As evident from the continuation of the halachah, this applies in an instance when he is not certain that he contracted impurity for which he is liable according to Scriptural Law. Even if he enters the cemetery on the eighth day [after becoming impure], the seventh day is counted for him.33And he must count only 29 days afterwards rather than 30. In actual fact, he is a nazirite who was ritually pure and contracted impurity. Nevertheless, his counting begins on the seventh day and not the eighth (as one might think based on Halachah 7). The rationale is since he originally accepted his nazirite vow in a cemetery, he is governed by the laws that apply in such an instance (Radbaz). If while there he contracted one of the types of impurity for which a nazirite is required to shave, he is required to bring a sacrifice [as required when emerging from] impurity.34Although he was impure previously, his contracting impurity in this manner is significant enough for him to be required to bring the required sacrifices. The days [he counted] previously are invalidated35He must, however, have waited at least two days outside the cemetery. For as the Rambam states in Halachah 6, only two or more days can be invalidated. and he must perform the shaving [required when emerging from] impurity.הלכה יא
תִּגְלַחַת טֻמְאָה כֵּיצַד הִיא. הַנָּזִיר שֶׁנִּטְמָא בְּאַחַת מִן הַטֻּמְאוֹת שֶׁהוּא מְגַלֵּחַ עֲלֵיהֶן הֲרֵי זֶה מַזֶּה עָלָיו בַּשְּׁלִישִׁי וּבַשְּׁבִיעִי. וּמְגַלֵּחַ שְׂעַר רֹאשׁוֹ בַּשְּׁבִיעִי וְטוֹבֵל בַּשְּׁבִיעִי אַחַר הַהַזָּיָה כְּדֶרֶךְ כָּל טְמֵאֵי מֵת. וּמַעֲרִיב שִׁמְשׁוֹ וּמֵבִיא קָרְבְּנוֹתָיו בַּשְּׁמִינִי וְהֵן שְׁתֵּי תּוֹרִים אוֹ שְׁנֵי בְּנֵי יוֹנָה אֶחָד לְעוֹלָה וְאֶחָד לְחַטָּאת וְכֶבֶשׂ בֶּן שְׁנָתוֹ לְאָשָׁם וְסוֹתֵר כָּל הַיָּמִים הַקּוֹדְמִין וּמַתְחִיל לִמְנוֹת נְזִירוּתוֹ. וְאִם גִּלֵּחַ בַּשְּׁמִינִי מֵבִיא קָרְבְּנוֹתָיו בּוֹ בַּיּוֹם:
כסף משנה
11.
What does the shaving [required when emerging from ritual] impurity involve? When a nazirite becomes impure in one of the ways which require him to shave because of it, he must have [the ashes of the Red Heifer] sprinkled upon him on the third and seventh days. He then has his hair shaved on the seventh day.36See Numbers 6:9. And after having [the ashes] sprinkled on him on the seventh day, he immerses in [a mikveh] as is required of all those who are ritually impure [due to contact with a human] corpse.37See Hilchot Parah Adumah 11:1. He waits until sunset and brings his sacrifices on the eighth day.38See Numbers 6:10. These [sacrifices] are: two turtle doves39A smaller, wild variety of the dove family. See Hilchot Issurei Mizbeiach 3:2 for more particulars. or two young doves,40Ordinary domesticated doves. one as a burnt offering and one as a sin offering, and a year-old lamb as a guilt offering. All of the preceding days are invalidated and he begins counting his nazirite vow [anew]. If he shaved on the eighth day,41After purifying himself on the seventh day (Kessef Mishneh). he may bring his sacrifices on that day.הלכה יב
מֵאֵימָתַי מַתְחִיל לִמְנוֹת מִשֶּׁיָּבִיא חַטָּאתוֹ. אֲבָל עוֹלָתוֹ וַאֲשָׁמוֹ אֵין מְעַכְּבִין אוֹתוֹ מִלִּמְנוֹת:
כסף משנה
12.
When does he begin counting [the days of his nazirite vow]? When he brings his sin offering. His burnt offering and his guilt offering,42As stated in Hilchot Shegagot 3:11, this is in contrast to all other guilt offerings required by the Torah. by contrast, do not hold him back from [beginning] his counting.43I.e., even if he brings them on a later date, it is not significant.הלכה יג
הֲרֵי שֶׁהִזָּה בַּשְּׁלִישִׁי וּבַשְּׁבִיעִי וְלֹא טָבַל וְנִתְאַחֵר כַּמָּה יָמִים כְּשֶׁיִּטְבּל יַעֲרִיב שִׁמְשׁוֹ וְיָבִיא קָרְבְּנוֹתָיו לְמָחָר. טָבַל וְהֶעֱרִיב שִׁמְשׁוֹ וְאִחֵר קָרְבְּנוֹתָיו אֵינוֹ מַתְחִיל לִמְנוֹת עַד שֶׁיָּבִיא חַטָּאתוֹ. אֲבָל עוֹלָתוֹ וַאֲשָׁמוֹ אֵין מְעַכְּבִין אוֹתוֹ כְּמוֹ שֶׁבֵּאַרְנוּ:
כסף משנה
13.
If he had [the ashes of the Red Heifer] sprinkled upon him on the third day and the seventh day, but did not immerse himself, [but instead] delayed his immersion, when he immerses, he should wait until sunset and bring his sacrifices on the following day.44Because until he immerses himself and waits until sunset, he is not pure and cannot bring his sacrifices. If he immersed himself and waited until after sunset, but delayed [bringing] his sacrifices, he cannot begin counting [the days of his vow] until he brings his sin offering.45For the sin offering is the primary factor leading to his emergence from impurity. See Halachah 15. His burnt offering and guilt offering do not hold him back from counting, as explained [in the previous halachah].הלכה יד
כְּשֶׁמְּגַלֵּחַ הַנָּזִיר תִּגְלַחַת טֻמְאָה אֵינוֹ צָרִיךְ לְגַלֵּחַ עַל פֶּתַח הַמִּקְדָּשׁ וְלֹא לְהַשְׁלִיךְ שְׂעָרוֹ עַל הָאֵשׁ. וּבֵין שֶׁגִּלֵּחַ בַּמְּדִינָה אוֹ בַּמִּקְדָּשׁ שְׂעָרוֹ אָסוּר בַּהֲנָאָה וְטָעוּן קְבוּרָה וְאֶפְרוֹ אָסוּר כְּאֵפֶר כָּל הַנִּקְבָּרִים. וְהַמְגַלֵּחַ בַּמִּקְדָּשׁ אִם הִשְׁלִיכָן תַּחַת דּוּד הָאָשָׁם יָצָא:
כסף משנה
14.
When a nazirite performs the shaving [required after] ritual impurity, he does not have to shave at the entrance to the Temple or cast his hair on the fire [where his sacrifices are being cooked].46These acts are required for the shaving required after a nazirite completes his vow in purity. See Chapter 8, Halachah 2. Whether he shaves outside the Temple or inside, it is forbidden to benefit from his hair.47Numbers 6:11 describes his hair as "holy." Implied is that it is forbidden to benefit from it (Radbaz). It must be buried. [If it is burnt,] it is forbidden [to benefit from] its ashes as is true of the ashes of [all forbidden substances that] must be buried.48See Hilchot Pesulei HaMukdashim 19:12-14. When one shaves in the Temple,49I.e., on the Temple Mount. Alternatively, it could refer to someone who entered the Women's Courtyard (where the nazirites perform the shaving associated with completing their vows in ritual purity). if he casts [his hair] under the pot where his guilt offering [is being cooked], he fulfills his obligation.50I.e., he is seeking to emulate a nazirite who shaves after completing his vow in purity who casts his hair under the pot where his peace offering is being cooked. There is a difference of opinion among the Sages (Nazir, Tosefta 4:5) if it is desirable to emulate that act. The Rambam follows the view that at the outset, the hair should be buried and not destroyed by fire. Nevertheless, all authorities agree that after the fact, the shaving is acceptable if the hair is burnt.הלכה טו
נָזִיר שֶׁנִּטְמָא טֻמְאוֹת הַרְבֵּה בֵּין שֶׁהִתְרוּ בּוֹ עַל כָּל אַחַת וְאַחַת וּבֵין שֶׁלֹּא הִתְרוּ בּוֹ עַל כָּל אַחַת וְאַחַת אֵינוֹ מֵבִיא עַל טֻמְאוֹתָיו אֶלָּא קָרְבָּן אֶחָד. בַּמֶּה דְּבָרִים אֲמוּרִים שֶׁנִּטְמָא פַּעַם שְׁנִיָּה קֹדֶם שֶׁיָּבִיא קָרְבְּנוֹת טֻמְאָה הָרִאשׁוֹנָה וְאַף עַל פִּי שֶׁנִּתְאַחֵר כַּמָּה יָמִים אַחַר טָהֳרָתוֹ קֹדֶם הֲבָאַת חַטָּאתוֹ וְנִטְמָא בְּאוֹתָן הַיָּמִים אֵינוֹ מֵבִיא אֶלָּא קָרְבָּן אֶחָד. אֲבָל אִם נִטְמָא וְטָהַר וְהֵבִיא חַטָּאתוֹ וְנִטְמָא פַּעַם שְׁנִיָּה אַחַר שֶׁהֵבִיא חַטָּאתוֹ אַף עַל פִּי שֶׁעֲדַיִן לֹא הֵבִיא אֲשָׁמוֹ וְעוֹלָתוֹ חַיָּב בְּקָרְבָּנוֹת אֲחֵרוֹת:
כסף משנה
15.
When a nazirite becomes impure through contact with a corpse on several occasions, whether he was warned about each individual time or he was not warned about each individual time,51As stated in Chapter 5, Halachah 16, if a person receives a warning, he receives lashes for every time he contracts impurity. Nevertheless, these warnings have nothing to do with the concept of ritual impurity and have no effect upon it (Radbaz). he brings only one [set of] sacrifices for all the times he became impure.When does the above apply? When he becomes impure a second time before he brings the sacrifices [associated with emerging from] impurity the first time, but was delayed for several days after he regain ritual purity from bringing his sin offering and contracted impurity in those days.52As evident from Halachah 13, bringing the sin offering is the determining factor in a nazirite's resumption of the counting of the days of his nazirite vows. Hence, if he has not brought that sacrifice, the two times he contracted ritual impurity can be covered by one sin offering. [In such a situation], he only brings one sacrifice. When, however, he contracted impurity, became ritually pure, and brought his sin offering, should he contract impurity a second time after bringing his sin offering, he is required to bring a second set of sacrifices even though he has not brought his guilt offering or his burnt offering.
הלכה טז
נָזִיר שֶׁגִּלֵּחַ תִּגְלַחַת טָהֳרָה וְאַחַר כָּךְ נוֹדַע שֶׁטָּמֵא הָיָה בְּתוֹךְ יְמֵי נִזְרוֹ. אִם בְּטֻמְאָה יְדוּעָה נִטְמָא סָתַר הַכּל. וּמֵבִיא קָרְבְּנוֹת טֻמְאָה וּמְגַלֵּחַ תִּגְלַחַת טֻמְאָה וּמוֹנֶה נְזִירוּת אַחֶרֶת וּמֵבִיא קָרְבְּנוֹת טָהֳרָה. וְאִם בְּטֻמְאַת הַתְּהוֹם נִטְמָא אֵינוֹ סוֹתֵר. וְדָבָר זֶה הֲלָכָה מִפִּי הַקַּבָּלָה:
כסף משנה
16.
[The following rules apply when] a nazirite performed the shaving [required when completing his vow in] purity and afterwards discovered that he had contracted the ritual impurity [stemming from contact with a corpse] in the midst of the days of his vow. If he became impure due to a [the source for] impurity that was known [by others], all [of the days of his vow] are invalidated.53As stated in Halachah 3. Since he was impure, the fact that he completed the observance of his nazirite vow is not significant. He must bring the sacrifices [required when emerging from] impurity, perform the shaving [required when emerging from] impurity, count [the days of] another nazirite vow, and bring the sacrifices [required when completing his vow in] purity.If he became impure due to [a source of] impurity [likened to] the depths,54See Halachah 18. he does not invalidate [the days he observed].55And he is considered to have completed his nazirite vow. This is a law communicated by the Oral Tradition.56I.e., this is not a concept that can be derived through the principles of Biblical exegesis or through deductive logic. Instead, it is part of the Oral Tradition communicated to Moses at Sinai (the Rambam's Commentary to the Mishnah, Nazir 9:2).
הלכה יז
וְאִם עַד שֶׁלֹּא נִזְרַק עָלָיו אֶחָד מִן הַדָּמִים נוֹדַע שֶׁהוּא טָמֵא. בֵּין בְּטֻמְאָה יְדוּעָה בֵּין בְּטֻמְאַת הַתְּהוֹם סוֹתֵר הַכּל. נוֹדַע לוֹ אַחַר שֶׁנִּזְרַק אֶחָד מִן הַדָּמִים אַף עַל פִּי שֶׁלֹּא גִּלֵּחַ הוֹאִיל וְטֻמְאָה שֶׁאֵינָהּ יְדוּעָה הִיא אֵינוֹ סוֹתֵר:
כסף משנה
17.
If he discovered that he was impure - whether from a known [source of] impurity or [a source of] impurity [likened to] the depths - before the blood from one of his sacrifices57Seemingly, this applies to any one of the sacrifices, not only the sin offering. was sprinkled upon him, all [the days] are invalidated.58For until the blood is sprinkled upon him, he has not concluded his nazirite vow. If he discovers this after the blood from one of his sacrifices was sprinkled upon him,59For this completes the observance of the nazirite vow. Afterwards, he may drink wine and become impure. [should this be] an unknown [source of] impurity, it does not invalidate [the days] even though he has not performed his shaving yet.הלכה יח
אֵי זוֹ הִיא טֻמְאַת הַתְּהוֹם. כָּל שֶׁאֵין אָדָם מַכִּירָהּ אֲפִלּוּ בְּסוֹף הָעוֹלָם. וְלֹא אָמְרוּ טֻמְאַת הַתְּהוֹם אֶלָּא לְמֵת בִּלְבַד אֲבָל הָרוּג לֹא שֶׁהֲרֵי יוֹדֵעַ בּוֹ זֶה שֶׁהֲרָגוֹ:
כסף משנה
18.
What is meant by impurity [likened to] the depths?60Just like mortal wisdom cannot fathom the extent of the depths, so, too, the existence of this corpse is not known to any mortal (Rav Ovadiah of Bartenura, Parah 3:2). [A human corpse which] no one, not even one at the end of the world knows about. The concept of impurity [likened to] the depths applies only with regard to a person who died naturally, but not to a person who was killed. For the killer knows [of the existence of the corpse].61The Radbaz states that it must be apparent that the person was killed by another human and not an animal. It must be noted that the Ra'avad differs with the Rambam's ruling, but the Radbaz supports the Rambam's position.הלכה יט
נִמְצָא הַמֵּת גָּלוּי אֵין זֶה טֻמְאַת הַתְּהוֹם. נִמְצָא מֻשְׁקָע בְּקַרְקָעִית מְעָרָה וְהַמַּיִם עַל גַּבָּיו הֲרֵי זֶה טֻמְאַת הַתְּהוֹם שֶׁאֵינָהּ יְדוּעָה. הָיָה טָמוּן בְּתֶבֶן אוֹ בִּצְרוֹרוֹת הֲרֵי זוֹ טֻמְאַת הַתְּהוֹם. בְּמַיִם בַּאֲפֵלָה וּבִנְקִיקֵי הַסְּלָעִים אֵינָהּ טֻמְאַת הַתְּהוֹם:
כסף משנה
19.
When a corpse is found in open view, this is not considered impurity [likened to] the depths.62For it is likely it was seen by others. If a corpse is found sunk in the earth of a cave while covered with water, this is impurity [likened to] the depths which is not known. If [it is discovered] buried in straw or in pebbles, it is impurity [likened to] the depths.63In all of these instances, it is highly possible that no other person knew about the impurity. If [it is discovered] in water in the dark or clefts of the rocks, it is not impurity [likened to] the depths.64In these instances, though it is difficult for a person from the outside to see the corpse, since it is possible that he will, the impurity is considered to be public knowledge.הלכה כ
נָזִיר שֶׁנִּטְמָא בְּמֵת וְיָרַד וְטָבַל בַּמְּעָרָה וְהֵבִיא קָרְבְּנוֹת טֻמְאָה וּמָנָה נְזִירוּת וְגִלֵּחַ תִּגְלַחַת טָהֳרָה וְאַחַר כָּךְ נוֹדַע שֶׁמֵּת הָיָה מֻשְׁקָע בְּקַרְקָעִית הַמְּעָרָה כְּשֶׁיָּרַד לִטְבּל אַף עַל פִּי שֶׁהִיא טֻמְאָה שֶׁאֵינָהּ יְדוּעָה סָתַר הַכּל. מִפְּנֵי שֶׁהֻחְזַק לְטֻמְאָה וְחֶזְקַת הַטָּמֵא טָמֵא עַד שֶׁיִּטְהַר וַדַּאי. יָרַד לְהָקֵר הֲרֵי זֶה טָהוֹר עַד שֶׁיֵּדַע שֶׁנָּגַע. נִמְצָא הַמֵּת צָף עַל פְּנֵי הַמַּיִם הֲרֵי זֶה בְּחֶזְקַת טָמֵא. שֶׁחֶזְקָתוֹ שֶׁנָּגַע בָּזֶה שֶׁהוּא צָף:
כסף משנה
20.
[The following rule applies when] a nazirite who became impure through contact with a corpse goes down to a cave and immerses there,65I.e., to conclude the process of emerging from ritual impurity. brings the sacrifices required [after emerging from] impurity, counts [the days of his] nazirite vow, performs the shaving [required after completing the vow in] purity, and afterwards, discovers that there was a corpse sunk in the earth of the cave when he descended to immerse himself. Although this is an unknown source of impurity, all of the days are invalidated. [The rationale is that] his impurity was an established fact and hence, that condition is presumed to continue until he definitely purified himself.66Thus in this instance, since it is possible that he touched the corpse when immersing, we are not certain that he purified himself. In the previous halachot, leniency was granted, because the nazirite was ritually pure. Hence we presume that he continues in that state unless we know for certain that he became impure. In this instance, however, he already was impure. Hence we presume that he remains in this state until we know for certain that he has regained purity.[In the above situation, if a nazirite] descended to [the pool] to cool himself off, he is ritually pure until he has certain [knowledge] that he touched the corpse.67I.e., we follow the logic mentioned in the previous note with regard to the situation when a nazirite is ritually pure. If the corpse is found floating on the water, we presume that [the nazirite] is impure. Since [the corpse] is floating, we operate under the presumption that [the nazirite] touched it.68In Hilchot Sha'ar Avot HaTumah 14:3, the Rambam writes that if one is in doubt whether he touched a dead lizard floating on water, he is ritually pure, but concludes that this principle applies only with regard to impurity resulting from contact with a dead lizard and not to similar situations applying with regard to other sources of impurity. The rationale is that we follow the principle: When a doubt concerning ritual impurity arises in a private place, we rule stringently. Since the corpse is floating and can be seen, we do not consider it an unknown source of impurity.