Although Rabbi
Akiva comes to the same conclusions as Rabbi Yishmael, he learns those halakhot by explaining the relevant verses
differently. Today’s daf TB Nazir 49 first
raises a question against Rabbi Akiva’s interpretation and then answers it. The
question will be the following. Based on logic alone, we do not need his interpretation
of the words ““for
his father, or for his mother” (Numbers 6:7);” consequently, they
become superfluous.
“The Gemara
asks: And according to the derivation of Rabbi Akiva, now
consider, it is no different whether the individual was a High Priest
alone, and it is no different if he was a High Priest who was
also a nazirite; the halakha that he must become impure to bury a
met mitzva is derived from the phrase “for his brother,”
stated with regard to a nazirite (Numbers 6:7). But if so, why do I need
the expression “for his father, or for his mother” (Numbers 6:7)? The
general prohibition against contracting impurity from any corpse should
suffice.” (Sefaria.org translation)
The Gemara
then goes on to explain why the expressions “for his father, or for his mother”
are both needed lest the person come to the wrong conclusion.
“The Gemara answers: Both are necessary, as had the verse written only ‘for his father,’ I would say that this is the reason that a nazirite may not become impure for his father: Because it is merely a presumption (khazaka-חֲזָקָה) that he is his father, as one cannot be absolutely sure of the identity of one’s father. However, with regard to his mother, whom we know gave birth to him, perhaps let him become impure to bury her. The verse therefore states: ‘His mother.’”(Sefaria.org translation)
We always absolutely know who the mother is. Even though the child won’t remember his birth, we have institutional memory who the mother is. On the other hand back in premodern times before DNA testing, we only had a presumption, a very strong presumption, but presumption nevertheless who was the father. The rabbis says this is a strong enough presumption (khazaka-חֲזָקָה) to base legal decisions upon. Today when we recite the prayer for someone who’s ill (misheberakh-מי שברך), we use the person’s Hebrew name the child of the mother’s name. For example, when people were saying the misheberakh prayer for me after my accident, they used my Hebrew name Avraham Asher ben Pesel. Praying for somebody who is ill, we want to make sure were targeting the absolutely correct person. We only have a presumption who was the father, but we know who the mother is. Consequently, we use her name.
“And
conversely, had the Merciful One written only “for his mother,” I
would say that it is solely to bury his mother that he may
not become impure, as her seed does not follow her, i.e., a man’s lineage
is determined by his father, not his mother. However, with regard to his
father, since the Master said with regard to the verse “by their
families, by their fathers’ house” (Numbers 1:2) that one’s family ancestry
follows his father, you might say: Let him become impure to bury him.
The verse therefore teaches us that a nazirite may not become impure to
bury his father either.” (Sefaria.org translation)
According to
Jewish law, a person’s lineage goes through the paternal line. This has
implications for us today when a person receives an aliya. Until synagogues became egalitarian when men were called up
to the Torah for an aliya, he was
called up by his Hebrew name the child of his father’s name. Once again using
me as an example, I was called up as Avraham Asher ben David Eliezer. Today
people are caught up with both parents’ names. For example, Avraham Asher ben
David Eliezer vePesel.
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