Nazir 14a - More about Nazir Shimshon

Back on Daf 4b I quoted R' Moshe that Nazir shimshon is really a davar ha'asur rather than davar hanadur, but we learn from a gezeiras hakasuv that you can be matfis in that, but since it is b'etzem a davar ha'asur one cannot be sho'el on it. This conforms with the mefaresh on today's daf who says that shimshon was not a davar hanadur.

On today's daf the Orach Mishor quotes the Maharshal on the Smag who says:שהרי תלה נזירתו בדבר שלא היה ע"י נדר אלא ע"י מלאך במצות היוצר, ויש לנו לומר הואיל דטרח לתלות נזירות בדבר שאין דרך בני אדם לנדור בענין זה, החמירו חכמים כנדר שהודר על דעת רבים שאין לו התרה, והחמירו בו יותר מתולה בדבר איסור שהוא נדר על דעת חכם ששינה מדרך הנודרים, ולענין נזירות [האו"מ מחק תיבת "לא"] בעינן שידור בדבר הנדור כמו בנדרים

Based on a slight girsa change (which the orach mishor does not seem to have any problem doing throughout this entire mesechta), he explains that technically a nazir shimshon is being matfis in a davar ha'asur and should not be chal at all. But since he made his nezirus pending on something which is out of the ordinary such as shimshon who became a nazir through an angel. Basically he seems to understand that m'doraysa nezirus shimshon should not be chal at all, but the Rabbonon were machmir to give it the status of nezirus and they also were machmir to consider it like a neder al da'as rabim which doesn't have hatara. This approach which implies that the concept of nezirus shimshon is created by the Rabbonon doesn't seem to fit with the gemara in Makos 22a which implies that you would receive malkus for violating nezirus shimshon?

Furthermore, the Orach Mishor (when dealing with the Rambam) discusses a kesef mishna who says that a safeik of nezirus shimshon would be more chamur than regular nezirus, and the orach mishor argues and says that the gemara in nedarim 59 implies that since one cannot remove nezirus shimshon, it is a davar she'ein lo matirin and we end up being more lenient with it than we are by standard nezirus which is yeish lo matirin. Based on this approach in combination with the understanding that the creation of Nazir shimshon is m'drabonon, it could be chazal wanted to treat it like a neder that was done al da'as rabim to make it that one cannot remove it, because in that way they can be meikel with it since it is only m'drabonon. Meaning, they were trying to accomplish a goal of allowing leniency for this rabbinic form of nezirus, and the only way to do that was to impose a stringency that there is no hatara for it so it becomes ein lo matirin and we can allow bitul.