Wed Nazir 4

The Gemara has a version, that how can you say that Nazir falls on Kiddush and havdalah, but they're chayiv from the Torah and you already swore to uphold it. Thereofre your Nazirus now cannot go against your original commitment.

However, Tosfos says it cannot be. Here the Drasha is that despite you have an earlier commitment the Torah says the nazirus transpires. (Like we say at the end, if someone swore to drink wine, although you already swore and need to uphold that commitment, the Nazirus takes effect.) Also, although there is a Drasha of Zachor, remember over wine, that is only an Asmachta. So although Kiddush is from the Torah, over wine is not from the Torah.

So Tosfos syas the versions should read as follows: how can you say that the Drasha is to say that Nazirus takes effect despite being in conflict with Kiddush. That cannot be. Since the wine is not from the Torah, the Torah doesn't need to make a Drasha that Niziros takes effect going against it. So the Gemara only finds the Torah to obligate drinking wine only if the person swore to do so.

Blast your way into Elul Zman:

"Gemara and Tosfos"

Try First Amud of Perek Free

tosfos.ecwid.com