The Dual Nature of Nezirus: Shibbud HaGuf and Kabbalas HaDinim

The shiur opens with a fundamental question from the Gemara (גמרא) in Nedarim 2b: Why is Masechta Nazir placed after Masechta Shevuos in Seder Nezikin? The Gemara establishes that nedarim precedes shevuos because neder creates an issur hefetz (prohibition on the object) while shevua creates an issur gavra (prohibition on the person). By this logic, nazir should come before shevuos, not after it. The Rosh addresses this difficulty, stating that nezirus is not like other nedarim—the wine is not prohibited to the nazir; rather, the nezirus is be'gufo shel adam (on the body of the person itself). This suggests that nezirus is fundamentally an issur gavra, which would explain its placement after shevuos. However, this raises several difficulties. First, the Mishna on daf 3b states "neder besoch neder, ve'ein shevua besoch shevua"—a neder can take effect upon a neder, but a shevua cannot take effect upon a shevua. The Mishna gives as its example of neder besoch neder the case of someone who says "hareini nazir, hareini nazir." According to Rishonim, this either means the person is obligated in malkos twice if he violates the nezirus now, or that he must observe sixty days of nezirus (two consecutive thirty-day periods). The Gemara explicitly uses the terminology "neder besoch neder" for this case and contrasts it with shevua, where a second shevua cannot be chal. This strongly suggests that nezirus is fundamentally a neder, not merely an issur gavra.