Halacha
הלכה א
הַמַּפְרִישׁ מָעוֹת שֶׁיַּקְרִיב מֵהֶן קָרְבְּנוֹת נְזִירִים וְהִקְרִיב מֵהֶן וְהוֹתִירוּ יָבִיאוּ בְּמוֹתָרָן קָרְבְּנוֹת נְזִירִים אֲחֵרִים. שֶׁמּוֹתַר נְזִירִים לִנְזִירִים. הִפְרִישׁ מָעוֹת סְתוּמִין לִנְזִירוּתוֹ וְהוֹתִירוּ יִפְּלוּ הַמּוֹתָרוֹת לִנְדָבָה:
כסף משנה
1.
[The following rules apply when a person] sets aside money for the sacrifices of nazirites,1I.e., he set aside money to pay for the sacrifices of poor nazirites. those sacrifices were offered, and there is money left over. He should bring sacrifices of other nazirites with those funds,2Even if there are not enough funds remaining to purchase an entire sacrifice, the remaining funds should be contributed toward the purchase of a sacrifice. for the remainder of money [set aside for] nazirite [offerings should be used] for nazirite [offerings].3Since the money was set aside for that purpose, it should be used accordingly. If one set aside money for his own nazirite [offering] without specifying for which sacrifice it should be used4See Halachah 4 for more details concerning this concept. and money was left over, the remaining funds should be used for freewill offerings.5Voluntary burnt offerings whose sacrifice embellishes the altar. Since the money was set aside for use for his own offerings, it should not be used for the offerings of another person. This is the meaning of the phrase Shekalim 2:5: "What is left over from a nazirite's [offerings] should go for the sake of that nazirite.הלכה ב
הַמַּפְרִישׁ מָעוֹת מְפֹרָשִׁין לִנְזִירוּתוֹ וְהוֹתִירוּ. מוֹתַר מְעוֹת הָעוֹלָה יָבוֹאוּ עוֹלָה. וּמוֹתַר הַחַטָּאת יוֹלִיכֵם לְיָם הַמֶּלַח. וּמוֹתַר דְּמֵי הַשְּׁלָמִים יָבוֹאוּ שְׁלָמִים. וְאֵין טְעוּנִין לֶחֶם וְנֶאֱכָלִין לְיוֹם אֶחָד:
כסף משנה
2.
When a person set aside money that was designated for specific purposes for his nazirite offering and money was left over, the remainder of the funds set aside for the burnt offering should be used for a burnt offering. The remainder of the funds set aside for the sin offering should be brought to the Dead Sea.6Brought to a place where it is impossible to benefit from it. It must be noted that at times the Rambam interprets the term Yam HaMelach as referring to the Mediterranean Sea.The rationale for this ruling is that once a person has received atonement, it is forbidden to benefit from any funds designated for his sin offering. See Hilchot Pesulei HaMukdashim 4:1. The commentaries also note that in Hilchot Pesulei HaMukdashim 5:9, the Rambam writes that money left over from a sin offering should be used to purchase freewill offerings. The remainder of the funds set aside for the peace offering should be used for a peace offering. There is no need that the offering be accompanied by bread.7As the nazirite's peace offering must be accompanied (see Chapter 8, Halachah 1). It is eaten for one day.8Like the peace offering brought by a nazirite in contrast to an ordinary peace offering which may be eaten for two days and one night.
הלכה ג
הַמַּפְרִישׁ מָעוֹת לִנְזִירוּתוֹ וּמֵת אִם הָיוּ סְתוּמִין יִפְּלוּ לִנְדָבָה. הָיוּ מְפֹרָשִׁין. דְּמֵי עוֹלָה [יָבוֹאוּ עוֹלָה]. דְּמֵי חַטָּאת יֵלְכוּ לְיָם הַמֶּלַח. דְּמֵי שְׁלָמִים יָבוֹאוּ שְׁלָמִים וְנֶאֱכָלִין לְיוֹם אֶחָד וְאֵין טְעוּנִין לֶחֶם:
כסף משנה
3.
[The following rules apply when a person] set aside money for [sacrifices for] his nazirite vow and died. If the money was not designated for specific sacrifices, it should be used for freewill offerings.9Although a certain amount of the funds would have been used for a sin offering, since they have not been designated for that purpose, it does not become prohibited to use them for other purposes. If the money had been designated for specific sacrifices, the funds set aside for the burnt offering should be used for a burnt offering. The funds set aside for the sin offering should be brought to the Dead Sea.10As is the law when the owner of a sin offering dies (Hilchot Pesulei HaMukdashim 4:1). The funds set aside for the peace offering should be used for a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.הלכה ד
כֵּיצַד הֵם הַמָּעוֹת הַסְּתוּמִין. כְּגוֹן שֶׁהִפְרִישׁ מָעוֹת לְהָבִיא מֵהֶן קָרְבְּנוֹתָיו וְלֹא אָמַר כְּלוּם. אֲבָל אִם אָמַר אֵלּוּ לְחוֹבָתִי הֲרֵי אֵלּוּ כִּמְפֹרָשִׁין. וְאֵין צָרִיךְ לוֹמַר אִם אָמַר אֵלּוּ לְעוֹלָתִי וּלְחַטָּאתִי וְלִשְׁלָמַי שֶׁהֵן כִּמְפֹרָשִׁין:
כסף משנה
4.
What is meant by money not designated for specific sacrifices? For example, [a nazirite] set aside money to use to bring his sacrifices and did not say anything. If, however, he said: "This is for my obligation," it is as if they have been designated for a specific purpose.11Since it is known that he is required to bring these sacrifices, it is considered as an appropriate amount has been allotted for each offering. Hence the money set aside for the burnt offering and peace offering should be used for such sacrifices and the money set aside for the sin offering should be taken to the Dead Sea. Needless to say, that if he says: "This [money] is for my burnt offering, sin offering, and peace offering," the money is considered as set aside for a specific purpose.הלכה ה
הַמַּפְרִישׁ בְּהֵמָה בַּעֲלַת מוּם הֲרֵי הִיא כְּמָעוֹת סְתוּמִין. וְכֵן הַמַּפְרִישׁ לָשׁוֹן שֶׁל כֶּסֶף וְשֶׁל זָהָב אוֹ כְּלִי אַף עַל פִּי שֶׁאָמַר זֶה לְחַטָּאתִי וּלְעוֹלָתִי וְלִשְׁלָמַי הֲרֵי הוּא כְּמָעוֹת סְתוּמִין:
כסף משנה
5.
When a person sets aside an animal with a blemish12I.e., a blemish that disqualifies it as an offering. See Hilchot Issurei Mizbeiach, chs. 1-2. [for his sacrifice], it is as if he set aside money without designating it for a specific purpose. Similarly, if he set aside a slab of silver or of gold or a utensil, it is as if he set aside money without designating it for a specific purpose.13Since the animal is available for immediate sale, it is considered as if the owner has cash in hand. [This applies] even if he said: "This is for my burnt offering, sin offering, and peace offering."הלכה ו
הָאוֹמֵר אֵלּוּ לְחַטָּאתִי וְהַשְּׁאָר לִנְזִירוּתִי וּמֵת. אוֹ שֶׁהָיְתָה אִשָּׁה וְהֵפֵר לָהּ בַּעְלָהּ. דְּמֵי חַטָּאת יֵלְכוּ לְיָם הַמֶּלַח וְהַשְּׁאָר יָבוֹאוּ בְּחֶצְיָן עוֹלָה וּבְחֶצְיָן שְׁלָמִים:
כסף משנה
6.
When a person says: "These [funds] are for my sin offering and the remainder is for my nazirite offering" and dies or a woman made such statements and then her husband nullified her nazirite vow,14In which case, she has no obligation to bring the sacrifices. the money for the sin offering should be brought to the Dead Sea. Half of the remainder of the money should be used for a burnt offering and half for a peace offering.הלכה ז
אָמַר אֵלּוּ לְעוֹלָתִי וְהַשְּׁאָר לִנְזִירוּתִי דְּמֵי עוֹלָה יָבוֹאוּ עוֹלָה וְהַשְּׁאָר יִפְּלוּ לִנְדָבָה:
כסף משנה
7.
If he says: "These [funds] are for my burnt offering and the remainder is for my nazirite offering" [and dies], the money for the burnt offering should be used for a burnt offering and the remainder should be used for freewill offerings.15Although there are funds for a sin offering involved, since the purpose was not specified, they may be used for freewill offerings.הלכה ח
מִי שֶׁדִּמָּה שֶׁהוּא חַיָּב בִּנְזִירוּת וְהִפְרִישׁ קָרְבְּנוֹתָיו וְאַחַר כָּךְ שָׁאַל לְחָכָם וְהוֹרָהוּ שֶׁאֵין זֶה נֵדֶר וְאֵינוֹ חַיָּב בִּנְזִירוּת מַה יַּעֲשֶׂה בַּקָּרְבָּנוֹת שֶׁהִפְרִישׁ. יֵצְאוּ וְיִרְעוּ בָּעֵדֶר. שֶׁזֶּה הֶקְדֵּשׁ טָעוּת שֶׁאֵינוֹ הֶקְדֵּשׁ כְּמוֹ שֶׁיִּתְבָּאֵר בִּמְקוֹמוֹ:
כסף משנה
8.
When a person thought that he was obligated in a nazirite vow and set aside his sacrifices and then inquired of a sage who told him that [his statements] do not constitute a vow and he is not obligated to be a nazirite, what should he do with the sacrifices that he set aside? They should go and pasture with the rest of the herd.16It is considered as an entirely ordinary animal, as if it had never been consecrated. For they were consecrated in error and that consecration is not binding, as will be explained in the appropriate place.17Hilchot Arachin 6:34.הלכה ט
הָאִשָּׁה שֶׁנָּדְרָה בְּנָזִיר וְהִפְרִישָׁה קָרְבְּנוֹתֶיהָ וְאַחַר כָּךְ הֵפֵר לָהּ בַּעְלָהּ אִם שֶׁלּוֹ הָיְתָה הַבְּהֵמָה תֵּצֵא וְתִרְעֶה בָּעֵדֶר שֶׁאֵין אָדָם מַקְדִּישׁ דָּבָר שֶׁאֵינוֹ שֶׁלּוֹ. וְאִם הָיוּ הַקָּרְבָּנוֹת מִשֶּׁלָּהּ וְאֵין לְבַעְלָהּ בָּהֶן כְּלוּם. כְּגוֹן שֶׁנָּתְנוּ לָהּ בְּמַתָּנָה עַל מְנָת שֶׁלֹּא יִהְיֶה לַבַּעַל בָּהֶן רְשׁוּת אֶלָּא מַה שֶּׁתִּרְצֶה תַּעֲשֶׂה בָּהֶן. הַחַטָּאת תָּמוּת. וְהָעוֹלָה תִּקָּרֵב עוֹלָה. וְהַשְּׁלָמִים יִקָּרְבוּ שְׁלָמִים. וְנֶאֱכָלִין לְיוֹם אֶחָד וְאֵינָן טְעוּנִין לֶחֶם:
כסף משנה
9.
[The following rules apply when] a woman takes a nazirite vow and set aside her sacrifices and afterwards, her husband nullified her vow. If the animal belonged to him, it should go out and pasture in the herd,18It is considered as an entirely ordinary animal, as if it had never been consecrated. for a person cannot consecrate an article that does not belong to him.19This is a general principle, applicable in many contexts with regard to sacrifices. See Hilchot Arachin 6:21, 24; Hilchot Temurah 1:3. If the [animals set aside for] sacrifices were hers and her husband did not own any part of them, e.g., they were given to her as a present on the condition that her husband have no authority over them, but instead, she could do whatever she wants with them,20Generally, all of a woman's property is placed in her husband's care during their marriage and all her earnings belong to him. How then can she have money or property that is entirely her own? When a person gives it to her as a present with the above stipulation. See Hilchot Ishut 22:27; Hilchot Nedarim 7:17; Hilchot Zechiyah UMatanah 3:13-14. the sin offering should be left to die,21It is forbidden to benefit from the animal or to use it for any other purpose. Hence, it is left to die. See Hilchot Pesulei HaMukdashim 4:1. the burnt offering should be sacrificed as a burnt offering, and the peace offering should be sacrificed as a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.22See Halachah 3.הלכה י
הִפְרִישָׁה מָעוֹת סְתוּמִין לְקָרְבְּנוֹתֶיהָ יִפְּלוּ לִנְדָבָה. הָיוּ מְפֹרָשִׁין דְּמֵי חַטָּאת יֵלְכוּ לְיָם הַמֶּלַח. וּדְמֵי עוֹלָה יָבוֹאוּ עוֹלָה. וּדְמֵי שְׁלָמִים יָבוֹאוּ שְׁלָמִים וְנֶאֱכָלִין לְיוֹם אֶחָד וְאֵינָן טְעוּנִין לֶחֶם:
כסף משנה
10.
If [a woman] set aside money that was not designated for specific sacrifices, it should be used to purchase freewill offerings. If it was designated for specific purposes, the funds set aside for the burnt offering should be used for a burnt offering. The funds set aside for the sin-offering should be brought to the Dead Sea. The funds set aside for the peace offering should be used for a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.הלכה יא
הָאִשָּׁה שֶׁנָּדְרָה בְּנָזִיר וְנִטְמֵאת בְּתוֹךְ יְמֵי נְזִירוּת וְאַחַר כָּךְ שָׁמַע בַּעְלָהּ וְהֵפֵר לָהּ הֲרֵי זוֹ מְבִיאָה קָרְבַּן טֻמְאָה:
כסף משנה
11.
When a woman took a nazirite vow and became ritually impure [due to contact with a corpse] in the midst of the days of her nazirite vow, and afterwards her husband heard of her vow and nullified it, she must [still] bring the sacrifices [required when a nazirite] becomes ritually impure.23The rationale is that when a husband nullifies a vow, his nullification does not uproot the vow from its source. Instead, his nullification affects only the future. Hence, she is liable for the repercussions of becoming impure and must bring a sacrifice. If, by contrast, she were to have had her vow nullified by a sage, it would have been nullified at its source and it would be as if she was never a nazirite. Hence she would not have to bring a sacrifice. See Hilchot Nedarim 13:2 (Radbaz).הלכה יב
הָאִישׁ שֶׁהִדִּיר אֶת בְּנוֹ בְּנָזִיר וְהִפְרִישׁ עָלָיו קָרְבְּנוֹתָיו וְלֹא רָצָה הַבֵּן בִּנְזִירוּת זוֹ. וּמָחָה הוּא אוֹ קְרוֹבָיו אוֹ שֶׁגִּלֵּחַ הוּא אוֹ שֶׁגִּלְּחוּהוּ קְרוֹבָיו. הַחַטָּאת תָּמוּת. וְהָעוֹלָה תִּקָּרֵב עוֹלָה וְהַשְּׁלָמִים יִקָּרְבוּ שְׁלָמִים וְנֶאֱכָלִין לְיוֹם אֶחָד וְאֵינָן טְעוּנִין לֶחֶם. הִפְרִישׁ לוֹ מָעוֹת סְתוּמִים הֲרֵי אֵלּוּ יִפְּלוּ לִנְדָבָה. הָיוּ מָעוֹת מְפֹרָשִׁין. דְּמֵי חַטָּאת יֵלְכוּ לְיָם הַמֶּלַח. דְּמֵי עוֹלָה יָבוֹאוּ עוֹלָה. דְּמֵי שְׁלָמִים יָבוֹאוּ שְׁלָמִים וְאֵינָן טְעוּנִין לֶחֶם וְנֶאֱכָלִין לְיוֹם אֶחָד:
כסף משנה
12.
When a father binds his son to a nazirite vow24See Chapter 2, Halachot 13-14. and set aside sacrifices, but the son did not desire this nazirite vow and he or his relatives objected or he shaved himself or his relatives shaved him,25See ibid.:15. the sin offering should be left to die, the burnt offering should be sacrificed as a burnt offering, and the peace offering should be sacrificed as a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.26See Halachah 9.If he set aside money that was not designated for specific sacrifices, it should be used to purchase freewill offerings. If it was designated for specific purposes, the funds set aside for the burnt offering should be used for a burnt offering. The funds set aside for the sin-offering should be brought to the Dead Sea. The funds set aside for the peace offering should be used for a peace offering. It is eaten for one day. There is no need that the offering be accompanied by bread.
הלכה יג
הָאוֹמֵר הֲרֵינִי נָזִיר כְּשֶׁיִּהְיֶה לִי בֵּן וְהִפְרִישׁ קָרְבָּן וְהִפִּילָה אִשְׁתּוֹ וְחָזְרָה וְיָלְדָה. הֲרֵי הַקָּרְבָּנוֹת סָפֵק וַאֲסוּרִין בְּגִזָּה וּבַעֲבוֹדָה:
כסף משנה
13.
When a person says: "I will be a nazirite when a son is born to me," and sets aside a sacrifice, his wife miscarries27The Radbaz explains that the Rambam interprets our Sages' statements in Nazir 13a as applying when the events occurred in this order. Others interpret the Talmud as speaking about a situation where the sacrifices were set aside after the woman miscarried. According to the Radbaz, the Rambam would not argue with that view. Instead, he is stating that the law applies even in the instance mentioned. and then she gives birth,28See Chapter 1, Halachah 17. the status of the sacrifices is questionable.29Since he is not bound by his nazirite vow after the miscarriage as stated in the cited halachah, it is possible that the consecration of the sacrifices is nullified. On the other hand, that is not a definite fact. Hence our Sages debated this issue. It is forbidden to shear them or perform labor with them.30These prohibitions apply with regard to all consecrated animals. Since these prohibitions are Scriptural in origin, they must be observed because of the doubt regarding these animals' status. See Hilchot Me'ilah 1:7-8.הלכה יד
שְׁנֵי נְזִירִים שֶׁנִּטְמָא אֶחָד מֵהֶם וְאֵין יָדוּעַ מִי הוּא כֵּיצַד מְבִיאִין קָרְבְּנוֹתֵיהֶן. מְבִיאִין קָרְבַּן טֻמְאָה וְקָרְבַּן טָהֳרָה בִּמְלֹאת יְמֵי נְזִירוּתָם. וְאוֹמֵר אֶחָד מֵהֶם אִם אֲנִי הוּא הַטָּמֵא קָרְבַּן טֻמְאָה שֶׁלִּי וְקָרְבַּן טָהֳרָה שֶׁלְּךָ. וְאִם אֲנִי הוּא הַטָּהוֹר קָרְבַּן טָהֳרָה שֶׁלִּי וְקָרְבַּן טֻמְאָה שֶׁלְּךָ. וְסוֹפְרִים יְמֵי נְזִירוּת אַחֶרֶת גְּמוּרָה מֵאַחַר קָרְבָּנוֹת אֵלּוּ. וְחוֹזְרִין וּמְבִיאִין קָרְבַּן טָהֳרָה. וְאוֹמֵר אֶחָד מֵהֶן אִם אֲנִי הוּא שֶׁהָיִיתִי טָמֵא קָרְבַּן טֻמְאָה שֶׁלִּי וְקָרְבַּן טָהֳרָה שֶׁלְּךָ וְזֶה קָרְבַּן טָהֳרָתִי. אִם אֲנִי הוּא הַטָּהוֹר קָרְבַּן טָהֳרָה שֶׁלִּי וְקָרְבַּן טֻמְאָה שֶׁלְּךָ וְזֶה קָרְבַּן טָהֳרָתְךָ. נִמְצְאוּ שֶׁלֹּא הִפְסִידוּ בְּקָרְבְּנוֹתֵיהֶן כְּלוּם:
כסף משנה
14.
[A question arises when] there are two nazirites; one became ritually impure [due to contact with a corpse] and it is not known which of them became ritually impure.31See Halachot 16-17 which describe how such a situation could arise. How should they bring their sacrifices?32As the Rambam proceeds to explain, the nazirite who completed his vow in ritual purity is obligated to bring one set of sacrifices, while the one who became impure must bring a different set. Since it is not known which of these individuals became impure, there is a question which sacrifices they should bring. Neither can bring the sacrifices required by the other as a freewill offering, because the guilt offering that is required when emerging from impurity may not be brought as a freewill offering, nor may the sin offering that is required after completing one's nazirite vow in a state of purity.They should bring the sacrifices33I.e., sharing the costs equally. [required when emerging from] impurity and the sacrifices [that mark the completion of a nazirite vow in] purity at the conclusion of the span of their nazirite vow.34This applies when they both took a nazirite vow for the same number of days at the same time (Radbaz). If their nazirite vows conclude at different times, they must wait to the latest date. One of them then says: "If I was the one who became impure, the sacrifices [to emerge from] impurity are mine and the sacrifices [that mark the completion of a nazirite vow in] purity are yours. If I am the one who is ritually pure, the sacrifices [that mark the completion of a nazirite vow in] purity are mine and the sacrifices [to emerge from] impurity are yours."35The other makes similar statements and they both perform all of the rituals necessary in the bringing of the sacrifices. In this way, the one has fulfilled the obligation to bring the sacrifices required when emerging from impurity and the other, the obligation to bring the sacrifices that mark the completion of the nazirite vow.
After bringing these sacrifices, they [both] then count the full span of another nazirite vow36In which they observe all the prohibitions incumbent on a nazirite. and bring another [set of] sacrifices [that mark the completion of a nazirite vow in] purity.37In this way, the nazirite who became ritually impure has fulfilled the obligations incumbent on him at the conclusion of his nazirite vow. They then bring38I.e., sharing the costs equally. the sacrifices [that mark the completion of a nazirite vow in] purity and one says: "If I was the one who was ritually impure, the sacrifices [brought previously to mark the emergence from] impurity were mine and the sacrifices [brought to mark the completion of a nazirite vow in] purity were yours and these are the sacrifices [that mark my completion of a nazirite vow in] purity. If I was the one who was ritually pure, the sacrifices [brought previously to mark the completion of a nazirite vow in] purity were mine and those [brought to mark the emergence from] impurity were yours. And these are the sacrifices [that mark your completion of a nazirite vow in] purity."39The other one makes a similar statement and they each perform all the rites required when bringing these sacrifices. Thus neither one lost anything [in bringing] these sacrifices.40More precisely, the person who was ritually pure was obligated to pay for half the sacrifices of the person who was ritually impure. Thus although no extra sacrifices were offered, he did suffer a slight loss. Nevertheless, this is obviously far preferential than for each one to have to bring the sacrifices required when emerging from ritual impurity on his own as stated in the following halachah.
הלכה טו
מֵת אֶחָד מֵהֶן הֲרֵי זֶה מֵבִיא חַטַּאת הָעוֹף וְעוֹלַת בְּהֵמָה. וְיֹאמַר אִם טָמֵא הָיִיתִי הַחַטָּאת מֵחוֹבָתִי וְהָעוֹלָה נְדָבָה. וְאִם טָהוֹר הָיִיתִי הָעוֹלָה מֵחוֹבָתִי וְחַטַּאת הָעוֹף סָפֵק. וְסוֹפֵר יְמֵי נְזִירוּת אַחֶרֶת וּמֵבִיא קָרְבַּן טָהֳרָה. וְאוֹמֵר אִם טָמֵא הָיִיתִי הָעוֹלָה הָרִאשׁוֹנָה נְדָבָה וְזוֹ חוֹבָה וְאִם טָהוֹר הָיִיתִי הָעוֹלָה הָרִאשׁוֹנָה חוֹבָה וְזוֹ נְדָבָה וְזֶה שְׁאָר קָרְבָּנִי. וְאֵין אֶחָד מִשְּׁנֵיהֶם מְגַלֵּחַ תִּגְלַחַת טֻמְאָה אֶלָּא אִם כֵּן הָיוּ קְטַנִּים אוֹ נָשִׁים שֶׁאֵין אֵלּוּ מַקִּיפִין פְּאַת רֹאשָׁם מִסָּפֵק:
כסף משנה
15.
If one of them dies, [the other] must bring a fowl as a sin-offering41This is the practice followed whenever there is a question whether one is obligated to bring a sin offering or not. This sacrifice is burnt and not eaten (Hilchot Pesulei HaMukdashim 19:10). If he was impure, he will have discharged his responsibility by bringing this sacrifice, because after the fact, this is sufficient. The burnt offering and the peace offering are not absolute necessities. See Chapter 10, Halachah 5. and an animal as a burnt offering42This is for the sake of the offerings he is required to bring if he completed his nazirite vow in a state of purity. The peace offering and guilt offering are not absolute necessities. See Chapter 6, Halachah 12; Chapter 10, Halachah 8. and say: "If I became impure, the sin offering fulfills my obligation and the burnt offering is a freewill offering. If I was pure, the burnt offering is my obligation and the fowl brought as a sin-offering is [because of] the doubt." He then counts the full span of another nazirite vow43In which they observe all the prohibitions incumbent on a nazirite. and brings the sacrifices44All three sacrifices, as the Rambam proceeds to explain. [required when completing a nazirite vow in] purity. He should say: "If I was impure, the first burnt offering I brought is a freewill offering and this is the sacrifice that I am obligated to bring. If I was pure, then the first burnt offering was obligatory. This is a freewill offering and these are the remainder of my sacrifices."[In these instances,] neither of them45The nazirites who entered a situation in which a doubt arouse which of them was impure. perform the shaving [to emerge from] ritual impurity unless they are minors or women.46Who are not bound by the prohibition against shaving the corners of their heads. See Hilchot Avodat Kochavim 12:5. [The rationale is that] these individuals should not shave their heads because of a doubt.47Although a nazirite who is ritually impure and one who completes his nazirite vow in purity is allowed to shave his head, that is permitted because there is a definite positive commandment which supercedes the prohibition. In these instances, however, we are unsure if there is a commandment obligating the nazirite to shave. Hence, no leniency is granted. The nazirite's failure to shave does not prevent him from bringing his sacrifices, as stated in Chapter 6, Halachah 5.
הלכה טז
וְכֵיצַד יִוָּלֵד לָהֶם סָפֵק זֶה בְּטֻמְאָה. כְּגוֹן שֶׁהָיוּ שְׁנֵי הַנְּזִירִין עוֹמְדִין בִּרְשׁוּת הַיָּחִיד שֶׁסְּפֵק טֻמְאָה שָׁם טָמֵא וְהָיָה אֶחָד מִבַּחוּץ רוֹאֶה אוֹתָן וְאָמַר רָאִיתִי אֶחָד מִכֶּם שֶׁנִּטְמָא וְאֵינִי יוֹדֵעַ מִי הוּא. אֲבָל אִם הָיָה עֵד זֶה עִמָּהֶן בֶּחָצֵר הֲרֵי שְׁנֵיהֶן טְהוֹרִין. כֵּיוָן שֶׁהֵם שְׁלֹשָׁה הֲרֵי הֵן רַבִּים וְרַבִּים בִּרְשׁוּת הַיָּחִיד סְפֵקָן טָהוֹר כִּסְפֵק טֻמְאָה בִּרְשׁוּת הָרַבִּים שֶׁהוּא טָהוֹר כְּמוֹ שֶׁיִּתְבָּאֵר בִּמְקוֹמוֹ:
כסף משנה
16.
How could a doubt arise for them with regard to whether they contracted ritual impurity? For example, two nazirites were standing in a private domain where the ruling is that if a doubt concerning ritual purity arises in a private domain, the person is considered impure.48See Hilchot Shaar Avot HaTumah 16:1. We assume that if the nazirite knew that he was ritually impure, he would not deny it, because we operate under the assumption that a person would not consciously avoid bringing a sin offering if he knew that he was liable (Keritot 12a). A person who was standing outside saw them and said: "I saw that one of you became impure, but I do not know which one it is."If, however, this witness is together with them in the courtyard, they are both ritually pure. [The rationale is that] since there are three of them, they are considered as "many people." And when there are many people in a private domain, when a doubt arises concerning them, they are ritually pure like a doubt concerning ritual impurity in the public domain as will be explained in its place.49Ibid.. The Ra'avad differs with the Rambam concerning this principle. The Kessef Mishneh justifies the Rambam's view.
הלכה יז
בַּמֶּה דְּבָרִים אֲמוּרִים כְּשֶׁשָּׁתְקוּ הַנְּזִירִים שְׁנֵיהֶם אוֹ נִסְתַּפֵּק לָהֶן הַדָּבָר. אֲבָל אִם אָמַר אֶחָד מֵהֶן אֲנִי לֹא נִטְמֵאתִי אֲפִלּוּ שְׁנֵי עֵדִים מְעִידִים עָלָיו שֶׁנִּטְמָא אֵינוֹ מֵבִיא קָרְבָּן עַל פִּיהֶם. שֶׁזֶּה שֶׁאָמַר לֹא נִטְמֵאתִי כְּאוֹמֵר אֵינִי מֵבִיא בְּטֻמְאָה שֶׁכְּבָר נִשְׁאַלְתִּי עַל נְזִירוּתִי וְנִמְצָא שֶׁאֵינוֹ מַכְחִישׁ אֶת הָעֵדִים וְאָדָם נֶאֱמָן עַל יְדֵי עַצְמוֹ. אֲבָל אִם שָׁתַק אוֹ נִסְתַּפֵּק לוֹ הֲרֵי זֶה מֵבִיא קָרְבָּן אֲפִלּוּ עַל פִּי עֵד אֶחָד כְּמוֹ שֶׁבֵּאַרְנוּ. וְכֵן עֵד שֶׁאָמַר לְאֶחָד בְּפָנַי נָדַרְתָּ בִּנְזִירוּת אִם הִכְחִישׁוֹ אֵינוֹ חַיָּב כְּלוּם. וְאִם לֹא הִכְחִישׁוֹ נוֹהֵג נְזִירוּתוֹ עַל פִּיו. אֲפִלּוּ אָמַר לִשְׁנַיִם רָאִיתִי אֶחָד מִכֶּם שֶׁנָּזַר וְאֵינִי יוֹדֵעַ מִי הוּא הוֹאִיל וְאֵין מַכְחִישִׁין אוֹתוֹ נוֹהֲגִין נְזִירוּת עַל פִּיו. נָהַג נְזִירוּת עַל פִּי עֵד אֶחָד וְשָׁתָה יַיִן אוֹ נִטְמָא וְהִתְרוּ בּוֹ [שְׁנַיִם] לוֹקֶה אַף עַל פִּי שֶׁעִקַּר הַנְּזִירוּת בְּעֵד אֶחָד:
כסף משנה
17.
When does the above apply? When both nazirites remain silent or the matter is doubtful for them. If, however, one of them says: "I did not become ritually impure," even if two witnesses testify that he became impure, he does not bring a sacrifice because of their statements. His statement: "I did not become ritually impure," can be understood to mean: "I will not bring a sacrifice [because of] impurity, because I have already asked [a sage] to absolve my vow." Thus he is not contradicting the witnesses and a person's word is accepted with regard to his own person.50See Hilchot Shaar Avot HaTumah 14:11. If, however, he remained silent or was in doubt concerning the matter, he should bring a sacrifice even when the cause is the testimony of one witness, as we explained [above]Similarly, if a witness tells a person: "You took a nazirite vow in my presence" and that person disputes the matter, he is not liable for anything.51For the person's own word supercedes the testimony of one witness. If he does not dispute the matter, he must observe [the restrictions of] a nazirite vow because of his statements.
Even if [a person] told two others, "I saw one of you take a nazirite vow, but I do not know which of you it was," since [neither of them] dispute his statements, they both must observe a nazirite vow, because of his statements. If a person observed a nazirite vow because of the statements of one witness and drank wine or became impure [due to contact with a corpse] and two witnesses administered a warning, he is given lashes even though the fundamental dimension of the testimony is dependent on one witness.52The rationale is that since, because of the doubt inspired by the testimony of the witness, the person willingly accepted the observance of the nazirite vow, he is obligated to observe it (Radbaz).
הלכה יח
מֵת שֶׁהָיָה מֻשְׁכָּב לְרֹחַב הַדֶּרֶךְ אַף עַל פִּי שֶׁאֵין שָׁם מָקוֹם לַעֲבֹר אֶלָּא עָלָיו אוֹ נוֹגֵעַ בְּצִדּוֹ וְאַף עַל פִּי שֶׁהִיא טֻמְאָה יְדוּעָה וְעָבַר שָׁם נָזִיר הֲרֵי זֶה טָהוֹר הוֹאִיל וְסָפֵק בִּרְשׁוּת הָרַבִּים טָהוֹר:
כסף משנה
18.
When a corpse was lying across the breadth of a path53I.e., even if the corpse is in full public view. and a nazirite walked by there, he is pure. [This applies] even if the only way to pass was [to step] over the corpse54Thus he would contract ritual impurity by covering the corpse with his body (ohel).The Ra'avad differs with the Rambam concerning this issue, citing Nazir 63b as support. The Radbaz and the Kessef Mishneh offer interpretations of the Talmud that support the Rambam's position. In that source, the Talmud differentiates between a corpse that is visible and a corpse whose existence is unknown, as explained in Chapter 6, Halachot 18-19. The Rambam maintains that the distinctions apply only after the fact, when the blood from the sacrifices has already been sprinkled on the person. Before then, the ruling depends on the principle: When there is a doubt concerning ritual impurity in the public domain, the person is considered pure. If such a doubt arises concerning a question in a private domain, he is considered as impure.
In explanation of the Rambam's position, the Kessef Mishneh states that we are speaking about an instance where it is possible for the nazirite, albeit with difficulty, to pass by the corpse without touching it or passing over it. If that is not the case, he is certainly impure. The Radbaz states that we are speaking about any instance where the person could have - and we presume he did - move off the path so as not to touch the corpse. or to touch it and even if it was a source of impurity that was known.55In contrast, if it was not known that a corpse was located there, the nazirite is pure in the case of a doubt. [The rationale is that when there is] an unresolved doubt concerning ritual impurity in the public domain, [we consider the person] pure.
הלכה יט
בַּמֶּה דְּבָרִים אֲמוּרִים בִּמְהַלֵּךְ בְּרַגְלָיו. אֲבָל אִם הָיָה רוֹכֵב אוֹ טָעוּן מַשָּׂא הֲרֵי זֶה טָמֵא. שֶׁהַמְּהַלֵּךְ בְּרַגְלָיו אֶפְשָׁר שֶׁלֹּא יִגַּע אוֹ שֶׁלֹּא יַאֲהִיל אוֹ שֶׁלֹּא יָסִיט אֲבָל טָעוּן אוֹ רוֹכֵב אִי אֶפְשָׁר שֶׁלֹּא יִגַּע וְשֶׁלֹּא יַאֲהִיל אוֹ שֶׁלֹּא יָסִיט שֶׁהֲרֵי הַמֵּת לְרֹחַב הַדֶּרֶךְ:
כסף משנה