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Previous daf Nazir 41
NAZIR 41 & 42 - sponsored by Harav Ari Bergmann of Lawrence, N.Y., out of
love for Torah and those who study it.
1) [line 5] YAVO ASEH V'YIDCHEH ES LO SA'ASEH
(a) When an Isur Lo Sa'aseh prohibits a certain action that prevents a
person from performing a Mitzvas Aseh, the Torah states that the Aseh is
able to "push aside" the Lo Sa'aseh. For example, when a person wants to
wear a four-cornered linen garment, the Isur of Sha'atnez prohibits
attaching woolen threads to it. However, the Mitzvah of Tzitzis requires
adding threads of Techeles (that are made of wool) to this garment. The
Torah commands that in this case the Mitzvas Aseh overrides the Lo Sa'aseh.
(b) The Tana'im argue as to the source of this Halachah. Some learn it from
the fact that the Torah specifically wrote the Mitzvah of Tzitzis and the
Isur of Sha'atnez as adjacent verses (Semuchin), an indication that the
Mitzvah of Tzitzis overrides the Isur of Sha'atnez (Yevamos 4a). Others
learn it from different sources (Yevamos 5a, Nazir 41a, 58a).
(c) Even though an Aseh normally overrides a Lo Sa'aseh, this is not the
rule in every case. The Gemara explains that in certain instances, the Aseh
does not have the power to override the Lo Sa'aseh. Some examples are:
1. A Lo Sa'aseh that is punishable by Kares is not pushed aside by an Aseh
(d) The Rishonim explored the possibility that an Aseh also does *not* push
aside a Lo Sa'aseh in other cases:
2. An action that is prohibited by both a Lo Sa'aseh and an Aseh, is not
pushed aside by a different Mitzvas Aseh (Chulin 141a).
3. Only in a case where the performance of the Aseh coincides with the
transgression of the Lo Sa'aseh did the Torah command that the Aseh takes
precedence. If performance of the Aseh is only accomplished after the
transgression of the Lo Sa'aseh, the Lo Sa'aseh is not pushed aside (Shabbos
133a). (There are those who write that if a person *begins* to perform a
Mitzvas Aseh while transgressing a Lo Sa'aseh, even though the Aseh is not
yet completed by the time the Lo Sa'aseh is transgressed, it pushes aside
the Lo Sa'aseh -- NIMUKEI YOSEF to Bava Metzi'a 33a).
4. If it is possible to perform the Aseh, in the case under discussion,
*without* transgressing the Lo Sa'aseh (by performing the Aseh in a
different way or at a different time), the Aseh does not push aside the Lo
Sa'aseh (Yevamos 20b -- see TOSFOS YESHANIM to Shabbos 25a). (The Rishonim
argue as to whether an Aseh pushes aside a Lo Sa'aseh when it is possible to
perform the Aseh without transgressing the Lo Sa'aseh, through the use of a
certain item that the person does not currently have the means to obtain
(RASHBA Yevamos 4b).
1. When one person performs a Mitzvas Aseh by doing a certain action in
which two people transgress the Lo Sa'aseh.
2) [line 6] "[V'HAYAH VA'YOM HA'SHEVI'I YEGALACH ES KOL SE'ARO; ES] ROSHO,
[V'ES ZEKANO, V'ES GABOS EINAV, V'ES KOL SE'ARO YEGALE'ACH...]" - "[And on
the seventh day he shall shave off all of his hair; [the hair of]] his head,
[his beard and his eyebrows and all of his hair he shall shave off. And he
shall immerse his clothes, and immerse his flesh in water, and he shall be
Tahor.]" (Vayikra 14:9)
2. When the action is prohibited by two Mitzvos Lo Sa'aseh, and not only one
(TOSFOS Yevamos 3b DH Lo Sa'aseh).
3. When the action is prohibited in another instance by a Lo Sa'aseh and an
Aseh, even though in the case at hand there is only a Lo Sa'aseh that
prevents it (TOSFOS Kidushin 34a DH Ma'akeh).
3) [line 16] HAKAFAH
(a) It is forbidden by a Lav in the Torah for a Jewish male to remove his or
another Jewish male's sideburns, thus making a continuous hairless line from
his face until behind his ears, as the Torah states, "Lo Sakifu Pe'as
Roshechem" ("You shall not make a ring [around the tops of your heads by
removing the hair] of the corners of your heads") (Vayikra 19:27). The
reason for this prohibition is to distance us from idol worship and its
followers who until this day cut their hair in this fashion. If one cuts off
both sideburns, he receives Malkos two times. The Rambam (Hilchos Avodah
Zarah 12:6) writes that he has a tradition in his family teaching that it is
required to leave at least forty hairs in the sideburns.
(b) According to most authorities, it is prohibited to entirely remove the
hair of the sideburns with either razor or scissors. The prohibition of
Hakafah applies to both the barber and the one whose hair is being cut, if
he helps the barber (by moving his head to the correct position). It is
prohibited to cut the hair of a male minor as well. Although this
prohibition only applies to a man and not to a woman (whether her hair is
being cut or whether she is cutting the hair of a man), nevertheless, it is
forbidden mid'Rabanan for a woman to cut the hair of a man or a boy.
(c) It is likewise forbidden to shave off all of the hair of the head. There
is a disagreement among the Tana'im as to whether this is included in the
prohibition of Hakafah and is mid'Oraisa, since all of the hair of the head
includes the sideburns (Yevamos 5a, Nazir 41a), or if it is only forbidden
mid'Rabanan (as in our Sugya), since the Torah only prohibits making a
shaven *ring* around the remaining hair. (SEFER HA'CHINUCH #251)
4) [last line] GEDILIM - twisted threads, i.e. Tzitzis
5a) [last line] "LO SILBASH SHA'ATNEZ; [TZEMER U'FISHTIM YACHDAV. GEDILIM
TA'ASEH LACH; AL ARBA KANFOS KESUSCHA ASHER TECHASEH BAH.]" - "You shall not
wear Sha'atnez (combined fibers); [wool and linen together. You shall make
for yourselves twisted threads (Tzitzis); on the four corners of the your
garment with which you cover yourself.]" (Devarim 22:11-12)
b) [last line] SHA'ATNEZ
(a) Sha'atnez is a mixture of wool and linen which is prohibited, as the
Torah states in Devarim 22:11. Chazal teach that the word "Sha'atnez" is
made up of three smaller words -- "Shu'a" (combed), "Tavi" (spun) and "Noz."
(b) The Rishonim disagree over the translation of the word "Noz":
1. RASHI (Nidah 61b and Horayos 11a DH Noz) and the RASH (Mishnayos Kil'ayim
9:8) learn that Noz means *woven together* (the wool and linen are woven
together in a garment).
(c) The Rishonim disagree about how the wool and linen must be joined in
order to transgress the Torah prohibition of Kil'ayim:
2. TOSFOS (Nidah 61b DH Shua Tavi v'Noz) disagrees with Rashi's explanation.
We learn that the prohibition of Sha'atnez applies only when the wool and
linen are woven together from the word "Yachdav" in the verse. If so, Noz
does not mean "woven together." Rather, Noz means that the threads must be
*twisted* or wound.
1. RASHI (ibid.) holds that the wool and linen must be combed, spun, *and*
woven together. That is, the strands of wool must be combed together, spun
together, and then woven together with the linen in order to transgress the
prohibition of Sha'atnez. If the strands of wool are combed or spun
separately from the strands of linen, even though they are later woven into
a garment together, the Torah prohibition of Sha'atnez has not been
2. TOSFOS (ibid.) learns that one transgresses the Torah prohibition if the
wool and linen are combed, spun, and twisted by themselves, and are then
joined together by two stitches. The RASH (ibid.) agrees with Tosfos, and
rules that if the wool and linen are combed and spun separately and then
joined, the prohibition of Sha'atnez has been transgressed. (However he does
not require that the threads be twisted, see b:1.)