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Jerusalem Talmud Nazir 4:2:2-4:3
Here is an analysis of Jerusalem Talmud Nazir 4:2:2-4:3, presented in the requested format.
Sugya Map
Issue 1: Conditional Vows and Dissolution (Husband/Wife Dynamics)
- Nafka Mina: Determining the validity and dissolvability of vows when one spouse initiates a vow and invites the other to join, and the implications for the initiator's own vow upon dissolution. Specifically, whether the initiator's vow is voided or confirmed based on the phrasing and the wife's response.
- Primary Sources:
- Mishnah Nazir 4:2:2-3
- Jerusalem Talmud Nazir 4:2:2-4:3 (Gemara & Halakha)
- Babylonian Talmud Nazir 22a-b
- Maimonides, Mishnah Commentary on Nazir 4:2
- Maimonides, Mishneh Torah, Hilkhot Nedarim 13:13-14
- Shulchan Arukh, Yoreh De'ah 234:54
- Tur, Yoreh De'ah 234
Issue 2: Transgression of a Dissolved Vow
- Nafka Mina: The consequence for a woman who violates her Nazirite vow after her husband has dissolved it, but before she is aware of the dissolution. Specifically, whether she is liable for lashes or rabbinic punishment.
- Primary Sources:
- Mishnah Nazir 4:3:1-2
- Jerusalem Talmud Nazir 4:3:1-2 (Gemara & Halakha)
- Numbers 30:6, 9, 13
- Tosefta Nazir 3:14
- Babylonian Talmud Nazir 23a
Issue 3: Vow by Imitation and its Annulment
- Nafka Mina: The status of a second person's vow ("I am like her") when the first person's vow is dissolved by her husband. The distinction between the husband's power of dissolution (retroactive to hearing) and that of an Elder (retroactive to the vow's inception).
- Primary Sources:
- Jerusalem Talmud Nazir 4:3:3 (Gemara & Halakha)
- Babylonian Talmud Nazir 22a
- Tosefta Nazir 3:10
Issue 4: Dedication of Sacrifices and Husband's Dissolution
- Nafka Mina: The status of animals and money designated for sacrifices when a husband dissolves his wife's Nazirite vow. How the nature of the property (husband's vs. wife's) and the type of sacrifice impact whether the property becomes profane, is used for other sacrifices, or is lost.
- Primary Sources:
- Mishnah Nazir 4:3:4-5
- Jerusalem Talmud Nazir 4:3:4-5 (Gemara & Halakha)
- Leviticus 1, 5:14-16, 7:15-16
- Numbers 5:14-16, 6:14-15, 6:19
- Babylonian Talmud Nazir 19a, 24b, 25a, 26b, 27b
Issue 5: Leftovers and Unspecified Funds for Sacrifices
- Nafka Mina: The halakhic disposition of leftover money or bread intended for Nazirite sacrifices, particularly after the Nazirite's death or a vow's dissolution. The distinction between different types of offerings (purification, elevation, well-being) and their associated funds.
- Primary Sources:
- Jerusalem Talmud Nazir 4:3:5 (Gemara & Halakha)
- Mishnah Shekalim 2:6
- Tosefta Me'ilah 1:10
- Babylonian Talmud Nazir 25a, 26b
Issue 6: Designation of Animals and Money for Sacrifices
- Nafka Mina: The fundamental difference between money and animals concerning their designation for specific sacrifices. Whether an animal can be "non-designated" at the start or end, and how this impacts its use.
- Primary Sources:
- Jerusalem Talmud Nazir 4:3:6 (Gemara & Halakha)
- Babylonian Talmud Nazir 26b, 27b
- Sifra Vayikra II, Parashat Vayikra 6(2)
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Text Snapshot
Mishnah Nazir 4:2:2-3
“I am a nazir, and you?” If she said “amen”, he may dissolve hers, and his is void. “I am nezirah, and you?” If he said “amen”, he cannot dissolve.
- Nuance: The phrase "I am a nazir, and you?" implies a conditional vow on the husband's part, contingent on the wife's acceptance. The wife's "amen" confirms her acceptance, making the husband's vow dependent on hers. The phrase "I am nezirah, and you?" implies the wife initiated, and the husband's "amen" signifies his consent and confirmation of her vow, thereby relinquishing his right to dissolve it. The juxtaposition of "void" (his vow) and "cannot dissolve" (his right) highlights the differing conditional structures.
Halakha (following Mishnah 4:2:1-3)
Rebbi Abbahu in the name of Rebbi Joḥanan: Because he makes his vow conditional on hers, if he says, on condition that you [accept]... Rebbi Abbahu in the name of Rebbi Joḥanan: The husband who said “there is no vow, there is no oath,” did not say anything. Also the Elder who said “it is dissolved for you, it is voided for you,” did not say anything. But everybody has to follow his own rules. The husband says “it is dissolved for you, it is voided for you,” and the Elder says, “there is no vow, there is no oath”.
- Nuance: This passage distinguishes the language of dissolution. The husband's dissolution is phrased as "it is dissolved for you, it is voided for you" (מותר לך, בטל לך), while an Elder's is "there is no vow, there is no oath" (אין נדר, אין שבועה). This suggests a difference in the conceptual basis or scope of their annulment powers, with the Elder's potentially being more absolute or retroactive. The phrase "everyone has to follow his own rules" (כל אחד ואחד הולך אחר סדר שלו) implies distinct halakhic frameworks for husband and Elder.
Mishnah Nazir 4:3:1-2
If a woman had made a vow of nazir but drank wine or defiled herself for the dead, she receives forty [lashes]. If her husband had dissolved her vow but she did not know that he had dissolved her vow when she drank wine or defiled herself for the dead, she does not receive forty [lashes]. Rebbi Jehudah said, if she does not receive forty, let her receive blows of rebelliousness.
- Nuance: This highlights a critical distinction in culpability. A transgression of a valid vow incurs biblical punishment (40 lashes). However, if the vow was already dissolved (even if the transgressor was unaware), the transgression is nullified in terms of biblical punishment. Rebbi Judah posits a rabbinic sanction (blows of rebelliousness, מכות מרדות) for the act, indicating a residual level of impropriety.
Mishnah Nazir 4:3:4
A woman who had made a vow of nazir and designated her animal when her husband dissolved her vow, if the animal was his, it leaves and grazes with the herd. But if the animal was hers, the purification offering shall die, the elevation offering shall be brought as an elevation offering, the well-being offering as a well-being offering, to be eaten on one day; it does not need bread.
- Nuance: This section delves into the material consequences of vow dissolution. The ownership of the animal is paramount. If it belonged to the husband, it was never truly dedicated as it was not within the wife's power to dedicate his property. If it was hers, its status shifts based on the type of sacrifice. Purification offerings (חטאת) are intrinsically tied to sin and cannot be redeemed or repurposed if the obligation is removed; hence, they "die." Elevation offerings (עולה) and peace offerings (שלמים) are more flexible and can be repurposed as voluntary offerings. The absence of accompanying bread for the peace offering is a direct result of the dissolution, as the bread was tied to the fulfillment of the Nazirite period.
Readings
Penei Moshe on Mishnah Nazir 4:2:2-3
The Penei Moshe grapples with the apparent contradiction between the Mishnah's statement that the husband's vow is "void" (בטל) and the Babylonian Talmud's reading of "confirmed" (קיים) in similar contexts. He explains that the Jerusalem Mishnah's outcome of the husband's vow being void is contingent on a specific phrasing of the vow.
Key Chiddush: The Penei Moshe posits that the husband's vow is void only if he explicitly makes it conditional on his wife's vow, using language of conditionality (לשון תנאי). If he says, "I am a nazir on condition that you become like me", and she says "amen", then her "amen" confirms her vow, and by extension, his vow, which was contingent on hers, becomes void if he then dissolves hers. However, if his initial statement was a question, "What do you say? Will you be a nazirite like me?" (דרך שאלה), her "amen" signifies her acceptance of his invitation, and he retains the right to dissolve her vow without his own being voided. This distinction between conditional language ("on condition") and interrogative language ("what do you say?") is crucial.
Source Distinction: The Penei Moshe highlights that the Jerusalem Talmud (and Maimonides, as he notes) interprets the Mishnah as the husband's vow being voided precisely because it was made conditional. In contrast, the Babylonian Talmud's understanding that his vow is "confirmed" likely stems from a different interpretation of the initial statement, perhaps where the wife's "amen" is seen as confirming her own independent vow, and the husband's initial statement was a declaration of his own intention, not necessarily a condition. The Penei Moshe reconciles this by suggesting the difference lies in the precise wording and intent behind the initial statement.
Korban HaEdah on Mishnah Nazir 4:2:2-3
The Korban HaEdah focuses on the wife's response, "amen."
Key Chiddush: He clarifies that the wife's "amen" is not merely a passive acknowledgment. It signifies her active consent and acceptance of the invitation to undertake the vow of Naziritehood. If she does not say "amen," the vow does not take effect for her, and consequently, the husband's ability to dissolve her vow is nullified, as he cannot dissolve a vow that never commenced. This emphasizes that the wife's agency, expressed through her "amen," is the linchpin for the husband's subsequent actions regarding her vow and, in some scenarios, his own.
Connection to Husband's Vow: This also underpins the dynamic of the husband's vow. If his vow was conditional on hers, and her vow never took effect because she didn't say "amen," then his vow, being contingent, would also likely be affected, though the Mishnah focuses on the dissolution aspect. The Korban HaEdah's point is foundational: the wife's affirmative consent is the prerequisite for all subsequent interactions concerning the vow.
Mareh HaPanim on Mishnah Nazir 4:2:2-3
The Mareh HaPanim offers a commentary that attempts to bridge the Jerusalem and Babylonian Talmudic perspectives on the Mishnah.
Key Chiddush: He notes the discrepancy in the Mishnah's text itself regarding the husband's vow. The Jerusalem text reads "and his is void" (ושלו בטל), while the Babylonian text reads "and his is confirmed" (ושלו קיים). He then explains that the Gemara's resolution in the Babylonian Talmud, specifically Abbaye's explanation that the Mishnah refers to a situation where the husband asks in a way of inquiry ("What do you say?"), resolves this. In contrast, the Jerusalem Talmud's resolution implies that the Mishnah refers to a situation where the husband makes his vow conditional ("on condition that you...").
- Reconciliation: The Mareh HaPanim asserts that both readings are essentially correct, depending on the interpretation of the husband's initial statement. If the husband frames it as a condition, and she says "amen," he can dissolve hers, and his becomes void. If he frames it as an inquiry, and she says "amen," he cannot dissolve hers, and his remains valid. He then states that this distinction aligns with Maimonides' rulings in Hilkhot Nedarim 13:13-14, although he points out a potential omission or subtlety in Maimonides' presentation regarding the "conditional" aspect.
Maimonides' Position: The Mareh HaPanim indicates that Maimonides' understanding aligns with the Jerusalem Talmud's approach, emphasizing the importance of the conditional language for the husband's vow to be voided upon dissolving his wife's.
Mishneh Torah, Vows 13:13-14 (Maimonides)
Maimonides provides a codified understanding of these principles, aligning closely with the Jerusalem Talmud's reasoning.
Mishneh Torah 13:13: Maimonides distinguishes between a husband administering a vow to his wife as a "certain decision" (כמו להדירה) and as a question to gauge her feelings ("Do you desire to be like me?"). If it's the former and she says "Amen," he cannot nullify it. If it's the latter, and she says "Amen," he may nullify her vow. This echoes the Penei Moshe's distinction between conditional and interrogative phrasing.
Mishneh Torah 13:14: This section directly addresses the Mishnah's scenarios.
- Scenario 1: "I am a nazirite and so are you." If she says "Amen," he cannot nullify her vow. The reason given is that his own vow would be nullified if he nullified hers, citing Nazir 22b. This implies a shared or intertwined vow.
- Scenario 2: "I am a nazirite. What do you say? Will you be a nazirite like me?" If she says "Amen," he may nullify her vow. The justification is that his commitment is not dependent on hers. Even if she refuses, he must keep his vow, thus retaining his right to nullify hers. Crucially, the text states: "If he nullifies her vow, his vow is also nullified. It is as if he made his vow dependent on her vow." This appears to contradict the justification for his ability to nullify. The Radbaz commentary (cited in the Sefaria footnote) clarifies this apparent contradiction by stating that after the fact (אפילו בדיעבד), if he does nullify her vow, his is also nullified, but this does not preclude him from nullifying it in the first place if his vow was not explicitly conditional. The Nekudot HaKessef commentary further notes Maimonides' adherence to the Jerusalem Talmud's reading of Nazir 22b.
Overall Maimonides' Chiddush: Maimonides codifies the nuanced distinction based on the husband's phrasing, emphasizing the conditional nature of the vow as the determining factor for whether his vow is voided upon dissolving hers. He also clarifies that the wife's "Amen" is a prerequisite for the husband's ability to dissolve her vow.
Shulchan Arukh, Yoreh De'ah 234:54
The Shulchan Arukh largely follows Maimonides' rulings.
Key Chiddush: It reiterates the core distinction:
- If the husband vows and intends to impose the vow on his wife (גמר בלבו להדירה), and she says "Amen," he cannot nullify it.
- If he vows and asks her as a question to see her inclination (דרך שאלה לידע מה בלבה), and she says "Amen," he may nullify her vow.
- The text then applies this to the Mishnah's specific phrases: "I am a nazirite and you" (אמר לה הריני נזיר ואת כלומר ואת נזירה כמותי) - if she says "Amen," he cannot nullify. "I am a nazirite. What do you say? Will you be a nazirite like me?" (אמר לה הריני נזיר ומה תאמרי האת נזירה כמותי) - if she says "Amen," he may nullify.
- Crucially, it states: "And if he nullifies her vow, his vow is voided" (ואם הפר לה שלו בטל), explaining this is because he made his vow conditional on hers (כמו שתלה נדרו בנדרה). This aligns with the Jerusalem Talmud's reading of "void."
- The final case, "I am a nezirah, and you?" (אמרה לו הריני נזירה ואתה) - if he says "Amen," he cannot nullify (her vow). This mirrors the Mishnah's second case.
Practical Application: The Shulchan Arukh clearly lays out the practical application of these distinctions, directly linking the husband's phrasing and intent to his ability to nullify his wife's vow and the fate of his own vow.
Tur, Yoreh De'ah 234
The Tur provides a more expansive overview of the laws of vow dissolution, contextualizing the husband-wife dynamic within broader principles.
Key Chiddush: The Tur delves into the intricacies of who can dissolve vows and under what circumstances, including fathers dissolving daughters' vows and husbands dissolving wives' vows. It clarifies the time limits for dissolution (only on the day of hearing) and the conditions under which a vow cannot be dissolved (e.g., if the husband heard but didn't act, or if the wife remarries).
- Husband's Power: The husband can dissolve his wife's vows from marriage until divorce. The Tur emphasizes the need for both husband and father (if applicable) to hear the vow together on the same day for joint dissolution, though Ramban offers a dissenting view allowing separate days.
- Wife's Vow and Husband's Vow: The Tur discusses the interplay between the wife's vow and the husband's vow. If the husband's vow is conditional on hers, his vow is voided if he dissolves hers. This echoes the Jerusalem Talmud and Maimonides.
- "Amen" as Consent: The Tur reiterates that the wife's "Amen" is essential for the vow to take effect and for the husband to have the power to dissolve it.
Broader Context: The Tur's contribution is to place the specific Mishnah within the larger framework of vow dissolution laws, demonstrating how the husband's power is unique and intertwined with marital status and the wife's consent.
Friction
The Core Tension: The Fate of the Husband's Vow
The central interpretive friction in the initial sections revolves around the fate of the husband's own vow when he dissolves his wife's Nazirite vow. The Jerusalem Talmud, as reflected in the Mishnah and Halakha, states, "...and his is void" (ושלו בטל). This implies that by dissolving his wife's vow, his own vow is automatically nullified. However, the Babylonian Talmud (Nazir 22b) and its commentaries often lean towards his vow being confirmed (קיים) or at least not automatically voided, especially if his initial statement was not explicitly conditional. This difference is significant because it impacts the husband's autonomy and the implications of his actions.
The Strongest Kushya:
If the husband's vow is inherently voided when he dissolves his wife's, why would the Mishnah (or the Gemara) even entertain the scenario where he can dissolve her vow in the first place? If the dissolution leads to the nullification of his own vow, and one is generally forbidden from nullifying one's own vow unnecessarily (as it's a form of self-incrimination or unnecessary self-sanctification), then it seems counterintuitive that he would be permitted to dissolve her vow, thereby nullifying his own. This suggests that either the Jerusalem Talmud's reading of "void" is too strong, or there's a subtle permission to nullify his own vow in this specific circumstance.
The Best Terutz (or Two):
The Conditional Nature is Key (Jerusalem Talmud / Maimonides / Shulchan Arukh): This terutz hinges on the precise phrasing of the husband's initial vow. The Jerusalem Talmud, followed by Maimonides and the Shulchan Arukh, emphasizes that the husband's vow is only voided if it was explicitly conditional on his wife's vow.
- Scenario A (Conditional): "I am a nazir, and you?" (הריני נזיר ואת?). Here, the husband is essentially saying, "I will be a nazir if you join me." Her "amen" signifies her acceptance of this condition. If he then dissolves her vow, he is essentially negating the condition upon which his own vow rested. Therefore, his vow becomes void (בטל). This is permissible because he is not actively nullifying his own vow; rather, the condition for its existence has been removed. He is permitted to dissolve her vow because he is responding to her acceptance of his conditional offer. The nullification of his own vow is a logical consequence, not a forbidden act.
- Scenario B (Interrogative/Independent): "I am a nazirite. What do you say? Will you be a nazirite like me?" (הריני נזיר ומה תאמרי האת נזירה כמותי?). Here, his vow is declared independently, and he is merely inviting her to join. Her "amen" confirms her vow, but his vow is not contingent on hers. In this case, he can dissolve her vow, and his own vow remains valid (קיים). The Babylonian Talmud's reading might align more with this scenario, where his vow is not automatically voided.
This terutz resolves the friction by demonstrating that the voiding of the husband's vow is not an independent act of self-nullification but a necessary consequence of his vow being conditional. He is permitted to act because his initial statement was an offer, not an absolute commitment that he then rescinds.
The Concept of "Derech Hekdesh" and Intertwined Vows (Broader Posit): Another approach, drawing from broader principles of vow law, might suggest that in the specific scenario where the husband's vow is explicitly tied to his wife's ("I am a nazir, and you?"), their vows become intrinsically linked, almost like a single act of dedication. In such a case, the halakha allows for the dissolution of the wife's vow, and the consequence is that the entire intertwined structure collapses, rendering his vow void. This is not seen as a forbidden act of self-nullification because the dissolution of the wife's vow is a permitted action derived from her response ("amen"), and the collapse of his vow is a collateral effect of this permitted action on a specially structured, interdependent vow. The permission to dissolve her vow, given her consent, outweighs the prohibition against unnecessarily voiding one's own vow in this specific interwoven context. The "void" status isn't a choice he makes but a state the vow falls into due to the removal of its foundational element (her participation).
This latter terutz emphasizes the unique nature of the marital vow dynamic, where the vow itself is structured in a way that permits such interdependency and subsequent collapse.
Intertext
Numbers 30:6, 9, 13 and the Concept of Vow Dissolution
The Book of Numbers, Chapter 30, provides the biblical foundation for the dissolution of vows, particularly those made by women.
Parallel: The Mishnah and Gemara's discussion of the husband dissolving his wife's vow directly engages with the verses in Numbers 30.
- Numbers 30:6: "And if she vows a vow unto the LORD, and binds herself by a bond, while she is in her father's house in her youth...". This establishes the father's power to annul.
- Numbers 30:8: "But if her husband hear her and disannul her, on the day that he hears it, then shall her vow that she vowed be void, and the bond that is upon her, and her husband hath nullified it, and the LORD will forgive her." This is the foundational verse for the husband's power to dissolve his wife's vows. The Jerusalem Talmud's discussion of the wife transgressing after her vow is dissolved, but not knowing, directly references this concept of nullification and forgiveness. The verse states, "the LORD will forgive her," implying that the transgression after dissolution, even if she is unaware, does not carry the full weight of a biblical sin.
- Numbers 30:13: "Every vow, and every bond of affliction wherewith she shall afflict her soul, her husband may establish it, or her husband may make it void." This verse underscores the husband's authority to either confirm or nullify his wife's vows.
Nafka Mina: The biblical text provides the authority for the husband's dissolution. The rabbinic discussion then refines the mechanics and implications of this authority, particularly in cases of conditional vows and the wife's awareness. The Jerusalem Talmud's debate about whether the wife is liable for lashes when she transgresses a dissolved vow, even unknowingly, is a direct rabbinic elaboration on the biblical promise of forgiveness (Numbers 30:8). The specific phrasing of the husband's dissolution, and whether it aligns with the "disannul" (יפר) mentioned in the Torah, is what the Gemara analyzes.
Shulchan Arukh, Yoreh De'ah 234:54 and the Codification of Dissolution
The Shulchan Arukh, Yoreh De'ah 234:54, acts as a practical codification of the principles discussed in the Jerusalem Talmud, Maimonides, and the earlier codes.
Parallel: The Shulchan Arukh directly mirrors the distinctions made in the Jerusalem Talmud and Maimonides regarding the phrasing of the husband's vow and its impact on his own vow. It explicitly states: "And if he nullifies her vow, his vow is voided, because he made his vow conditional on hers" (ואם הפר לה שלו בטל שזה כמו שתלה נדרו בנדרה). This encapsulates the core of the Jerusalem Talmud's approach. It also reiterates the scenarios: "I am a nazirite and you" versus "I am a nazirite. What do you say?".
Nafka Mina: The Shulchan Arukh serves as the primary reference point for contemporary halakhic practice. It demonstrates how the intricate discussions of the Talmudic and medieval commentators have been distilled into practical rulings. The precise wording analyzed in the Talmudic text is translated into clear directives for the halakhic decisor. The Shulchan Arukh's inclusion of these details underscores their enduring relevance in determining the validity of vows and the consequences of their dissolution within the framework of Jewish law. It highlights that the nuanced analysis of language is not merely an academic exercise but has direct halakhic import.
Psak/Practice
The discussion in Nazir 4:2-4:3, particularly the initial section on conditional vows, has significant implications for halakhic practice, primarily concerning the authority and effect of vow dissolution within marriage.
The Wife's Vow: The primary takeaway is that a husband's ability to dissolve his wife's vows is not absolute. It is contingent on several factors:
- The Wife's Consent: Her "amen" is crucial for her vow to be fully established, which then grants the husband the potential power to dissolve it. Without her affirmative consent, he cannot dissolve her vow.
- The Phrasing of the Vow: As detailed by Maimonides and the Shulchan Arukh, the husband's initial statement is critical. If he states his vow conditionally ("I am a nazir, and you?"), and she consents, he can dissolve her vow, but his own vow becomes void. If he states his vow independently ("I am a nazir. What do you say?"), he can dissolve her vow, and his own vow remains valid. This distinction dictates the practical application.
- The Nature of the Vow: The halakha only grants the husband the power to dissolve vows of "affliction of the soul" (עינוי נפש) or those concerning matters between husband and wife, as per Numbers 30. This is elaborated upon in later sections of Nazir and codes like the Tur and Shulchan Arukh.
The Husband's Vow: The complex interplay where the husband's vow becomes void if it was conditional and he dissolves his wife's highlights a meta-heuristic: a person is generally prohibited from nullifying their own vow without cause. However, in the specific context of a conditionally initiated marital vow, the nullification of the husband's vow is a consequence of a permitted action (dissolving the wife's vow after her consent) rather than an independent act of self-nullification. The halakha permits this outcome because the initial vow was structured as interdependent.
Transgression After Dissolution: The ruling that a wife who transgresses a dissolved vow, unaware of the dissolution, is not liable for lashes (but potentially for rabbinic punishment) emphasizes the principle of mens rea in halakha. While the act of transgression itself is wrong, the legal culpability is mitigated when the prohibition itself has been removed, even if the actor is unaware. This informs the application of punishments and the importance of clear communication within marital relationships regarding vow dissolution.
Sacrificial Matters: The extensive discussion regarding the disposition of animals and money designated for vows after dissolution highlights the importance of specificity and ownership. The law meticulously traces the ownership of property and the nature of the dedication to determine the correct halakhic outcome, preventing loss and ensuring appropriate use of sacred property, even when the original obligation is removed.
Takeaway
The intricate details of vow dissolution reveal that marital vows are dynamic entities, where consent, precise language, and the husband's unique authority shape their validity and consequences. Ultimately, the halakha prioritizes clarity and intent, ensuring that actions impacting one's sacred obligations are undertaken with full awareness of their cascading effects.
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