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Babylonian Talmud: Tractate Nazir

Folio 48a

[The words,] Nor for his mother form the basis of the Gezerah shawah used by Rabbi. For it has been taught: Rabbi said: In the case of a nazirite, when they die,1  he is not allowed to defile himself on their account, but he may defile himself [if they are unclean] through [leprous] plague or unclean issue. But this covers the nazirite only. How are we to infer the same for a High Priest? As follows: There is no need for the expression, his mother2  in the case of the High Priest, and Scripture need not have mentioned this, since the same may be derived from the following a fortiori argument. Seeing that though a common priest may defile himself on account of his brother by the same father,3  yet a High Priest may not defile himself on account of his father,4  then if a common priest may not defile himself on account of his brother by the same mother,5  surely [it follows that] a High Priest may not defile himself on account of his mother. Since this can be inferred by a process of reasoning, why does Scripture mention 'his mother' in connection with the High Priest? It is available for purpose of comparison and to set up a Gezerah shawah [from like expressions]. The phrase 'his mother' occurs in connection with the nazirite and the phrase 'his mother' occurs in connection with the High Priest, and so just as in the case of the nazirite it is to his mother [etc.], 'when they die' that he is forbidden to defile himself, but not when they are unclean through leprosy or unclean tissue, so in the case of the High Priest, it is to his mother [etc.], when they die that he is forbidden to defile himself, but not when they are unclean through leprosy or unclean issue.

We have thus found the sanction for a High Priest.6  How is the same known of a nazirite? It has been taught: From the passage, All the days that he separateth himself unto the Lord, he shall not come near to a [dead]7  body [nefesh],8  it might be concluded that even the body [nefesh] of an animal is intended, the word [nefesh] being used as in the verse, And he that smiteth [the nefesh of] a beast.9  Therefore Scripture says, 'he shall not come near to a dead body,' indicating that a human body [nefesh] is being referred to. R. Ishmael says: It is unnecessary [to argue in this manner]. Since it says, 'he shall not come', Scripture is referring to bodies which cause defilement merely on coming [under the same roof].10  [Futher], for his father, or for his mother,11  he may not defile himself, but he may defile himself for a meth mizwah. But even if this [expression] did not occur, I could infer it as follows: Seeing that a High Priest whose consecration is permanent may defile himself for a meth mizwah, then surely a nazirite whose consecration is not permanent12  may defile himself?13  But this inference is not valid. For if it is true in the case of a High Priest, it may be because he is not required to offer a sacrifice as a consequence of his defilement, whereas a nazirite must offer a sacrifice as a consequence of his defilement, [and it might be objected that] since he must offer a sacrifice in consequence of his defilement,14  he may not defile himself for a meth mizwah. And so Scripture says, He shall not make himself unclean for his father, or for his mother, [implying], 'but he may make himself unclean for a meth mizwah'. But perhaps [the correct inference is that] he may not defile himself for his father or for his mother, but he may defile himself for other corpses?15  This follows by an argument a fortiori. Seeing that a common priest who may defile himself for his kinsmen is forbidden to defile himself for other dead,16  then a nazirite who may not defile himself for kinsmen is surely forbidden to defile himself for other dead.

Original footnotes renumbered. See Structure of the Talmud Files
  1. Num. VI, 7. Referring to a nazirite's relatives.
  2. Lev. XXI, 11. A High Priest may not defile himself for his mother's corpse.
  3. But not the same mother.
  4. Though a father is nearer kin than a brother.
  5. But not the same father.
  6. I.e., that a High Priest must defile himself for a corpse the burial of which is a religious duty.
  7. Some authorities omit the word 'dead' from the Talmud text, since the assumed inference would only follow if it were lacking in the Bible.
  8. Num. VI, 6.
  9. Lev. XXIV, 28.
  10. This applies to human corpses. Animal corpses defile only if touched or carried.
  11. Num. VI, 7.
  12. But only for as long as he has undertaken to he a nazirite, or until he seeks release at the hands of a Sage.
  13. And the phrase, 'For his father etc.' is unnecessary to teach that he may defile himself for a corpse whose burial is a religious duty.
  14. V. Num. VI, 9ff.
  15. I.e., nonkinsmen whose death he would not mourn so much.
  16. V. Lev. XXI, 2.

Nazir 48b

 And so why does Scripture say, 'for' his father, or 'for his mother'? For his father or for his mother he is forbidden to defile himself, but he may defile himself for a meth mizwah. But even if this1  were not written, I could infer it as follows: A general prohibition2  is stated for the High Priest, and a general prohibition3  is stated for the nazirite, and so just as, though there is a general prohibition for the High Priest, he is forbidden to defile himself for his father, but he may defile himself for a meth mizwah, so when there is a general prohibition for the nazirite [it signifies that] he may not defile himself for his father but he may defile himself for a meth mizwah.4  But it is possible to argue in another direction. A general prohibition is stated for the common priest,5  and a general prohibition is stated for the nazirite, and so just as, though there is a general prohibition stated for the common priest, he may defile himself for his father, so too though there is a general prohibition stated for the nazirite he may defile himself for his father. Scripture therefore says, 'He shall not make himself unclean for his father, or for his mother,' but he may make himself unclean for a meth mizwah.

But surely this is needed to tell us [the plain fact] that he may not defile himself for his father?6  — In point of fact, 'for his father' tells us that he may not defile himself for his father;7  'for his brother'8  he may not defile himself but he may defile himself for a corpse [the burial of] which is a religious duty; 'or for his mother'8  is used to form the basis of a Gezerah shawah after the manner of Rabbi;9  whilst 'or for his sister'8  is required for the following [teaching]. For it has been taught: For what purpose is 'for his sister' mentioned?10  If a [nazirite] was on his way to slaughter his Paschal lamb, or to circumcise his son and he heard that a near kinsmen had died, it might be thought that he ought to defile himself. It therefore says, 'He shall not make himself unclean'. But it might [then] be thought he should not defile himself for a meth mizwah. The text therefore adds, 'for his sister', [implying that] for his sister he is forbidden to defile himself, but he may defile himself for a meth mizwah.

R. Akiba said:11  ['Nefesh'] 'body' refers to strangers; 'dead' to kinsmen, 'For' his father or for his mother' [teaches that] he is forbidden to defile himself for these, but he may defile himself for a meth mizwah. 'For his brother' [tells us] that if he he both High Priest and a nazirite, it is for his brother that he is forbidden to defile himself, but he may defile himself for a corpse [the burial of] which is a religious duty. 'For his sister' [is required] as has been taught: 'If a man was on his way to slaughter his Paschal lamb or circumcise his son etc.'

Whence does R. Akiba derive the lesson learnt by Rabbi from the Gezerah shawah? — He will reply: Since it has been said that if he be both High Priest and a nazirite it is for his brother that he is forbidden to defile himself but he may defile himself for a meth mizwah,12  what difference does it make whether he is simply High Priest or High Priest and a nazirite.13

And whence does R. Ishmael derive the rule about a High Priest who is a nazirite?14  — Since the All-Merciful allows [the breach of] a single prohibition in connection with a meth mizwah, what does it matter whether there is only one prohibition or two?

[In that case] for what purpose is for his sister required?15  — You might assume that in connection with a meth mizwah the All-Merciful permitted [the defilement of] a nazirite and a priest because this is an offence which is merely prohibited but where the neglect of circumcision and the Paschal lamb entailing kareth16  is involved, [the nazirite or priest] should not defile himself for a meth mizwah17  and so we are told [that he should].

Original footnotes renumbered. See Structure of the Talmud Files
  1. The phrase 'For his father or for his mother'.
  2. 'Neither shall he go in to any dead body'; Lev. XXI, 11.
  3. 'He shall not come near to a dead body'. Num. VI, 6.
  4. And 'For his father etc.' is superfluous.
  5. 'There shall none defile himself for the dead amongst the people', Lev. XXI. 1.
  6. And it is not meant merely to provide the ground for the inference, that a nazirite may defile himself for a corpse whose burial is a religious duty.
  7. And since he may not defile himself for his father, he may not for his brother, since the father is nearer kin.
  8. Num. VI, 7.
  9. Supra 48a.
  10. For since he may not defile himself for his father, he may not for his sister.
  11. R. Akiba is interpreting Num. VI, 6 and 7, in a different manner to R. Ishmael.
  12. So that the inference, when they die, but not when they have plague also refers to the kinsmen of a nazirite who is High Priest.
  13. In either case be is not forbidden to touch them if they have leprosy or unclean issue.
  14. That he may defile himself to bury a neglected corpse.
  15. If a nazirite must defile himself to bury a neglected corpse, he must also defile himself for this purpose even when on his way to slaughter his paschal lamb.
  16. V. Glos.
  17. When about to slaughter his paschal lamb.