Soncino English Talmud
Nazir
Daf 17a
A [further] objection was raised by him [as follows]: The only difference between a person ritually defiled who makes a nazirite vow, and a ritually clean nazirite who becomes unclean, is that the former reckons his seventh day [of purification] as part of his period [of naziriteship], whereas the latter does not reckon his seventh day [of purification] as part of his [new] period. If now you assume that [the vow of the unclean person] does not take effect, how is [the seventh day] to be counted [in his period]? — Mar b. R. Ashi said: Both [R. Johanan and Resh Lakish] agree that [the vow] does take effect; where they differ is whether there is [to be a penalty of] stripes. R. Johanan is of the opinion that since [the vow] takes effect, he suffers the penalty of stripes, but Resh Lakish is of the opinion that there is no penalty of stripes, although [the vow] does take effect. R. Johanan raised an objection to Resh Lakish [from the following]: IF A MAN MAKES A NAZIRITE VOW WHILST IN A GRAVEYARD, THEN EVEN IF HE SHOULD REMAIN THERE FOR THIRTY DAYS, THESE ARE NOT RECKONED, AND HE DOES NOT HAVE TO BRING THE SACRIFICE [PRESCRIBED] FOR RITUAL DEFILEMENT. [This implies, does it not,] that it is only the sacrifice prescribed for ritual defilement that he does not have to bring, but he does suffer stripes? — Strictly speaking, it should have stated that he does not receive stripes, but since it was requisite in the subsequent clause to mention that where HE LEAVES [THE GRAVEYARD] AND RE-ENTERS, THE [PERIOD] IS RECKONED, AND HE MUST BRING THE SACRIFICE [PRESCRIBED] FOR DEFILEMENT, the initial clause, too, mentions that he need not bring the sacrifice [prescribed] for ritual defilement. Come and hear: The only difference between a ritually defiled person who makes a nazirite-vow, and a ritually clean nazirite who becomes unclean, is that the former reckons his seventh day [of purification] as part of his period [of naziriteship], whereas the latter does not reckon his seventh day as part of his period. [Does not this imply] that as regards stripes, they are on a par? — He replied: Not so. Where they are on a par is as regards polling. [You aver, then,] that the latter receives stripes, but the former does not do so. Why is this not mentioned? — The [Baraitha] is referring to that which is serviceable to him, not to that which is to his detriment. Come and hear: Whosoever was ritually defiled and vowed to be a nazirite is forbidden to poll, or to drink wine. If he should poll, or drink wine, or come into contact with the [human] dead, he is to receive the forty stripes? This is undeed a refutation. Raba enquired: If a man vows to be a nazirite whilst in a graveyard, what is the law? Has he to be [in the graveyard] a certain time for him to be liable to stripes, or not? What are the circumstances? If he was told not to make a nazirite vow, why should any length of stay be necessary? What is the reason why no length of stay [in the graveyard] is necessary for the [ritually clean] nazirite [to be liable to stripes]? It is because he was forewarned; and here too he was forewarned!