Today's Daf Yomi
September 9, 2019 | ืืณ ืืืืื ืชืฉืขืดื
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This month's learningย is sponsored by Leah Goldford in loving memory ofย her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Batย Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.
Keritot 19
The argument between Rabbi Zeira and Rava about a knowledge about a doubt also appears as an argument between Rabbi Yochanan and Reish Lakish. The gemara brings a braita that contradicts each of them and resolves it. If one commits a sin unwittingly but isn’t sure which sin, is one obligated to bring a sin offering? A provisional guilt offering? Nothing? Is this the case only if there are two differnet names to the possible sin or even if it has the same name? What is mitasek – one who acts unawares? How does the halacha regarding a mitasek differ depending on what area of halacha it was done, i.e. Shabbat, eating forbidden fats, other sins? If there were two babies before a mohel adn one was obligated to have a brit milah on Shabbat and one was after Shabbat and mistakenly the mohel circumcised the wrong one, he is exempt because he was busy with a mitzva. Why wasn’t be exempt simply because he was mitasek and would in any case be exempt?
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ืจืื ืฉืืขืื ืคืืืจ ืืื ืจืื ืฉืืขืื ืื ืืืืื ืคืืืจ ืืืืื ืืฉืื ืจืื ืฉืืขืื
The baraita continues by citing a dispute concerning Rabbi Shimonโs opinion. Rabbi Shimon exempts him from the obligation to bring an offering in this particular case. Since he became pure in between, at no point did he have definite knowledge that he was impure. For one to be liable to bring an offering for entering the Temple in a state of ritual impurity he must have knowledge of the impurity at the beginning and the end, and a lack of knowledge in the middle. Rabbi Shimon ben Yehuda deems him exempt from the obligation to bring an offering in all of those cases, and he reports this opinion in the name of Rabbi Shimon.
ืืืคืืื ืืงืืืืชื ืืืจ ืจืื ืืื ืืืื ืขืกืงืื ื ืืืื ืฉืืื ืืจืืฉืื ืืืฉืขืช ืืืืืื ืืฉื ื ืฉืื ืฉืืื ืืจืืฉืื ืืืื ืคืืืื ืชื ื ืงืื ืกืืจ ืืงืฆืช ืืืืขื ืืืืืขื ืืืื ืืจืื ืฉืืขืื ืกืืจ ืืงืฆืช ืืืืขื ืืื ืืืืืขื ืืืื
Before explaining the contradictions between the opinions of Rabbi Yoแธฅanan and Reish Lakish, the Gemara asks a question about Rabbi Shimon ben Yehudaโs statement: Can it be that Rabbi Shimon holds that one is exempt even in the first case? Since he walked down both paths prior to entering the Temple, he had definite knowledge of his impure status. Rava said: What are we dealing with here? We are dealing with a case where he walked on the first path, and at the time of his walking on the second path he forgot that he had previously walked on the first path. Consequently, the knowledge that would render him liable to bring a sin offering is incomplete. And it is with regard to this point that they disagree: The first tanna holds that partial knowledge is considered like full knowledge, and Rabbi Shimon holds that partial knowledge is not considered like full knowledge.
ืืืจ ืืจ ืืื ืืจืืฉืื ืื ืื ืก ืืืืื ืืืื ืืืื ืืฉื ื ืื ืื ืก ืืืื ืืืื ืืืื ืื ืื ืืื ืืื ืืืืขื
The Gemara returns to discuss the contradictions for which it cited this baraita. The Master said: If he walked on the first path and entered the Temple, and then he received the sprinkling of the ashes of the red heifer on the third and seventh days, and immersed, and subsequently walked on the second path and entered the Temple, he is liable to bring a sin offering. The Gemara asks: Why is he liable? After all, he did not have definite knowledge of his ritual impurity each time he entered the Temple. Although it is certain that after walking on the second path he had contracted ritual impurity at some point, as he had been purified in between, there was no specific point at which he had knowledge of definite impurity.
ืืืจ ืจืืฉ ืืงืืฉ ืื ืื ื ืจืื ืืฉืืขืื ืืื ืืื ืืขื ืืืืขื ืืชืืื ืจืื ืืืื ื ืืืจ ืืคืืื ืชืืื ืจืื ื ืืื ืขืฉื ืกืคืง ืืืืขื ืืืืืขื
Reish Lakish said: In accordance with whose opinion is this baraita? It is in accordance with the opinion of Rabbi Yishmael, who does not require knowledge at the outset, before an unwitting transgression, in order to render one liable to bring a sin offering. Rabbi Yoแธฅanan said: You may even say that it is in accordance with the opinion of the Rabbis, who maintain that definite knowledge is necessary to render one liable to bring a sin offering, as here they rendered uncertain knowledge like full knowledge.
ืกืืงื ืืขืชื ืืื ืขืฉื ืืืื ืืืื ืืื ืืชืืจื ืืืื ืงืฉืื ืืจืื ืืืื ื ืืืจืื ืืืื ื
The Gemara explains the contradiction: It enters your mind to say that Rabbi Yoแธฅanan meant that here they rendered uncertain knowledge like full knowledge, and the same is true for the entire Torah. Therefore, it is difficult, as there is an apparent contradiction between the statement of Rabbi Yoแธฅanan above and this statement of Rabbi Yoแธฅanan. Here, Rabbi Yoแธฅanan says that uncertain knowledge is considered like full knowledge, whereas earlier he stated that uncertain knowledge, unlike full knowledge, does not divide separate unwitting transgressions to render one obligated to bring multiple sin offerings.
ืงืฉืื ืืจืืฉ ืืงืืฉ ืืืจืืฉ ืืงืืฉ
And likewise it is difficult with regard to the apparent contradiction between the statement of Reish Lakish earlier and the statement of Reish Lakish here. Reish Lakish previously stated that Rabbi Yehuda HaNasi maintains that uncertain knowledge divides unwitting transgressions to render one obligated to bring separate sin offerings, whereas here he explains that the baraita is in accordance with the opinion of Rabbi Yishmael, not Rabbi Yehuda HaNasi.
ืืฉืืื ืืจืื ืืืื ื ืืืจืื ืืืื ื ืื ืงืฉืื ืืื ืขืฉื ืืื ืืื ืืชืืจื ืืืื ืื
The Gemara comments: Granted, the apparent contradiction between one statement of Rabbi Yoแธฅanan and the other statement of Rabbi Yoแธฅanan is not difficult. One can answer that when he said: Here they rendered uncertain knowledge like full knowledge, he meant specifically here, but with regard to the entire Torah it is not considered like full knowledge.
ืืื ืืขืื ืืื ืืื ืืืืื ืืชืื ืื ืขืื ืืื ื ืืืื ืืื ืืืืขื ืืืืช ืื ื ืื ืกืคืง ืืืื ืงืจื ืืื ืืื ืืชืืจื ืืืื ืืชืื ืื ืืืืข ืืืื ืืืืชื ืื ืืืช ืืื ืืืืขื ืืื ืืืืืื
The Gemara asks: What is the reason that this particular case is an exception? Here, with regard to ritual impurity, it is written: โOr if anyone touch any impure thingโฆand it was concealed from him that he is impureโ (Leviticus 5:2). This indicates that even when one has knowledge that has an uncertainty to it, the verse renders him obligated to bring an offering. But with regard to the rest of the entire Torah it is written: โIf his sin, which he has sinned, be known to himโ (Leviticus 4:28). This teaches that it is only if he has full knowledge that he is obligated to bring an offering.
ืืื ืืจืืฉ ืืงืืฉ ืงืฉืื ืืืืืงืื ืื ืืจืื ืืฉืืขืื ืืืงืื ืืจืื ืื ืงื ืืฉืืข ืื ืืจืื ืืฉืืขืื ื ืื ืื ืืขื ืืืืขื ืืชืืื
But the contradiction between one statement of Reish Lakish and the other statement of Reish Lakish is difficult: Instead of interpreting the baraita in accordance with the opinion of Rabbi Yishmael, he should interpret it in accordance with the opinion of Rabbi Yehuda HaNasi. The Gemara answers: This is what Reish Lakish is teaching us by establishing the baraita in accordance with Rabbi Yishmael: That Rabbi Yishmael also does not require knowledge at the outset, before an unwitting transgression, in order to render one liable to bring a sin offering.
ืื ืืชื ืืชืื ืืื ืืชื ื ืจืื ืืฉืืขืื ืืืืจ ืื ืขืื ืืื ื ืฉืชื ืคืขืืื ืืืืื ืขื ืืขืื ืืืืื ืืขื ืืขืื ืืงืืฉ
The Gemara objects: But that is already taught explicitly in a mishna, as we learned (Shevuot 14b) that Rabbi Yishmael says: The verse states: โIt was concealed from himโ (Leviticus 5:2โ3), twice. One mention of the phrase serves to render one obligated to bring a sin offering for a lapse of awareness of his state of ritual impurity when he entered the Temple, and the other mention of the phrase teaches that he is obligated to bring a sin offering for a lapse of awareness during which he forgot that the building he was entering while impure was the Temple. Since this is the same verse that is the source for the requirement of knowledge at the outset, evidently Rabbi Yishmael disagrees with this opinion, as he derives a different halakha from the verse.
ืืืฆืืจืื ืกืืงื ืืขืชื ืืืื ื ืืงืจื ืืืช ืืื ืืืืจื ืืืช ืืื ืงื ืืฉืืข ืื
The Gemara explains: It was necessary for Reish Lakish to state that Rabbi Yishmael does not require knowledge at the outset, as it might enter your mind to say: Although Rabbi Yishmael has no verse from which he could derive this requirement, perhaps he has a tradition with regard to the requirement of prior knowledge. By establishing that the baraita is in accordance with the opinion of Rabbi Yishmael, Reish Lakish teaches us conclusively that Rabbi Yishmael does not require knowledge at the outset.
ืืชื ืืณ ืืื ืื ืืชืจ ืืคื ืื ืืืื ืืื ืืื ืืืื ื ืืืืข ืืืื ืืื ืืื ืืฉืชื ื ืื ืืืืืชื ืขืื ืืืืช ืฉืื ืืืืช ืืื ืืืื ื ืืืืข ืืืืื ืืื ืฉืื ืฉืืช ืืืื ืืืืคืืจืื ืืขืฉื ืืืืื ืืื ืืฉืืฉืืช ืืืื ื ืืืืข ืืืืื ืืื ืขืฉื ืจืื ืืืืขืืจ ืืืืื ืืืืช ืืจืื ืืืืฉืข ืคืืืจ
MISHNA: If one has pieces of forbidden fat and notar before him and he ate one of them and he does not know which of them he ate; or if his menstruating wife and his sister were with him in the house and he unwittingly engaged in intercourse with one of them and he does not know with which of them he unwittingly engaged in intercourse; or if Shabbat and Yom Kippur occurred adjacent to one another and he performed prohibited labor during the intervening twilight period and he does not know on which of the days he performed the labor, in all of these cases, Rabbi Eliezer deems the transgressor liable to bring a sin offering, as he certainly sinned, and Rabbi Yehoshua deems the transgressor exempt, as he does not know the nature of his sin.
ืืืจ ืจืื ืืืกื ืื ื ืืืงื ืขื ืืขืืฉื ืืืืื ืืื ืืฉืืฉืืช ืฉืืื ืคืืืจ ืฉืื ื ืืืืจ ืืงืฆืช ืขืฉื ืืืื ืืืงืฆืช ืขืฉื ืืืืจ
Rabbi Yosei said: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to one who performs prohibited labor during the intervening twilight period because they concur that he is exempt, as I say: He performed part of the labor today, and he performed part of the labor the following day.
ืขื ืื ื ืืืงื ืขื ืืขืืฉื ืืืืื ืืชืื ืืืื ืืืื ื ืืืืข ืื ืืฉืืช ืขืฉื ืื ืืืื ืืืคืืจืื ืขืฉื ืื ืขื ืืขืืฉื ืืืื ื ืืืืข ืืขืื ืืืื ืืืืื ืขืฉื ืฉืจืื ืืืืขืืจ ืืืืื ืืืืช ืืจืื ืืืืฉืข ืคืืืจ ืืืจ ืจืื ืืืืื ืคืืืจื ืืื ืจืื ืืืืฉืข ืืฃ ืืืฉื ืชืืื
With regard to what case did they disagree? With regard to the case of one who performs prohibited labor in the midst of the day, and he does not know whether it was on Shabbat that he performed the labor or whether it was on Yom Kippur that he performed the labor; or with regard to one who performs a prohibited labor and he does not know which labor he performed. As, in those cases Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rabbi Yehuda said: Rabbi Yehoshua would deem him exempt even from bringing a provisional guilt offering.
ืจืื ืฉืืขืื ืืจืื ืฉืืขืื ืฉืืืจื ืืืืจืื ืื ื ืืืงื ืขื ืืืจ ืฉืืื ืืฉื ืืื ืฉืืื ืืืื ืขื ืื ื ืืืงื ืขื ืืืจ ืฉืืื ืืฉืื ืฉื ื ืฉืืืช ืฉืจืื ืืืืขืืจ ืืืืื ืืืืช ืืจืื ืืืืฉืข ืคืืืจ
Rabbi Shimon and Rabbi Shimon Shezuri say: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to a case involving a matter where his lack of knowledge involves items from one category, e.g., he picked a grape from a vine on Shabbat and does not know which vine it was, as in that case they both agree that he is liable, since he knows the nature of his sin. With regard to what case did they disagree? With regard to a case involving a matter where his lack of knowledge involves items from two categories, e.g., he picked fruit from a tree on Shabbat and does not know whether it was from a vine or from a fig tree. As, in that case Rabbi Eliezer deems him liable to bring a sin offering, since he certainly sinned, and Rabbi Yehoshua deems him exempt, as he does not know the nature of his sin.
ืืืจ ืจืื ืืืืื ืืคืืื ื ืชืืืื ืืืงืื ืชืื ืื ืืืืงื ืขื ืืื ืขื ืืื ืืืืงื ืชืื ืื ืฉืืืจืืช ืืืืงื ืืื ืืช ืืื ืืช ืืืืงื ืฉืืืจืืช ืจืื ืืืืขืืจ ืืืืื ืืืืช ืืจืื ืืืืฉืข ืคืืืจ ืชืืืื ื ืื ืคืืจ ืื ืจืื ืืืืฉืข ืื ืื ืืื ื ืืืจ ืืฉืจ ืืื ืื ืคืจื ืืืชืขืกืง
Rabbi Yehuda said: Even if one intended to pick figs and he picked grapes, or to pick grapes and he picked figs, or to pick black figs and he picked white figs, or to pick white figs and he picked black figs, Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rabbi Yehuda added: I wonder if Rabbi Yehoshua deemed him exempt in that case, as even in his opinion the person intended to perform a prohibited labor. The mishna asks: If it is so, that he is not exempt according to Rabbi Yehuda, why is it stated: โIf his sin, wherein he has sinnedโ (Leviticus 4:23), from which it is derived that one is liable only if the object of the sin was the one that he intended? The mishna answers: This serves to exclude one who acts unawares and does not intend to perform a prohibited action at all.
ืืืณ ืชื ืื ืืืจ ืจืื ืืืืขืืจ ืื ื ืคืฉื ืื ืืื ืืื ืืืื ืื ื ืืชืจ ืืื ืืืื ืื ืืฉืชื ื ืื ืืขื ืืืื ืื ืืืืชื ืืขื ืืืื ืื ืืฉืืช ืขืฉื ืืืืื ืืืื ืื ืืืื ืืืคืืจืื ืขืฉื ืืืืื ืืืื
GEMARA: With regard to the first clause of the mishna and the dispute between Rabbi Eliezer and Rabbi Yehoshua, it is taught in a baraita that Rabbi Eliezer says: Whichever way you look at it he is liable to bring a sin offering. If it was forbidden fat that he ate, he is liable; and if it was notar that he ate, he is also liable. If it was with his menstruating wife that he engaged in intercourse, he is liable; and if it was with his sister that he engaged in intercourse, he is also liable. If it was on Shabbat that he performed the forbidden labor, he is liable; and if it was on Yom Kippur that he performed the labor, he is also liable. The result of any one of these scenarios is that he is liable to bring a sin offering.
ืืืจ ืื ืจืื ืืืืฉืข ืืจื ืืื ืืืืจ ืืฉืจ ืืื ืื ืขื ืฉืืืืข ืื ืืื ืืื ืืจืื ืืืืขืืจ ืืื ืื ืืื ืขืืื ืืื ืืืืขื ืืื ืคืจื ืืืชืขืกืง
Rabbi Yehoshua said to him in response: The verse states: โIf his sin, which he has sinned, be known to him, he shall bring for his offering a goat, a male without blemishโ (Leviticus 4:23). It is derived from the phrase: โWherein he has sinned,โ that he is not liable until it becomes known to him specifically with which item he sinned. The Gemara asks: And as for Rabbi Eliezer, what does he do with this phrase: โWhich he has sinnedโ? The Gemara answers: He requires it for the halakha that only one who is aware of his action is liable, as this phrase excludes one who acts unawares and inadvertently commits a transgression.
ืืชืขืกืง ืืืื ืื ืืืืืื ืืขืจืืืช ืืืื ืืืืจ ืจื ื ืืื ืืืจ ืฉืืืื ืืืชืขืกืง ืืืืืื ืืขืจืืืช ืืืื ืฉืื ื ืื ื
The Gemara asks: The halakha that one who acts unawares is exempt is stated in which case? If you say it applies to the cases of forbidden fats and those with whom intercourse is forbidden this cannot be correct, as in those cases one who acts unawares is liable to bring a sin offering. As Rav Naแธฅman says that Shmuel says: With regard to one who acts unawares and transgresses the prohibitions of eating forbidden fats or engaging in intercourse with those with whom intercourse is forbidden, he is liable to bring a sin offering because he derived pleasure.
ืืื ืืชืขืกืง ืืฉืืช ืคืืืจ ืืื ืืขืื ืืืืืช ืืืฉืืช ืืกืจื ืชืืจื
And if you say it is referring a case of one who acts unawares on Shabbat this cannot be correct either, as it is already established that one who acts unawares on Shabbat is exempt. What is the reason? The Torah prohibited only planned, constructive labor on Shabbat. Acts of labor that are not intended, or whose result is unintended, or whose consequence is destructive, are not included in this category. Therefore, it is already a known halakha that one who performs labor unawares on Shabbat is exempt.
ืืจืื ืืฉืืืช ืื ืืืื ืฉื ืชืืืื ืืืชืื ืืช ืืชืืืฉ ืืืชื ืืช ืืืืืืจ ืืืืื ืืฉืืืช ืื ืืืื ืื ืชืืืื ืืืืืื ืืช ืืชืืืฉ ืืืชื ืืช ืืืืืืจ
The Gemara answers: According to Rava, you find it is necessary to teach that one is exempt from bringing a sin offering for performing labor unawares on Shabbat in a case where one intended to cut a detached plant and he mistakenly cut a plant still attached. According to Abaye, who maintains he is liable in such a case, you find it necessary to teach that one who acts unawares is exempt in a case where he intended to lift a plant detached from the ground and mistakenly cut a plant still attached to the ground.
ืืืืชืืจ ื ืชืืืื ืืืืืื ืืช ืืชืืืฉ ืืืชื ืืช ืืืืืืจ ืคืืืจ ืืื ืืขืื ืืื ืื ืืืืืื ืืฉืื ืืชืืื ืืืชืื ืืช ืืชืืืฉ ืืืชื ืืช ืืืืืืจ ืืืื ืืืจ ืืืื ืืื ืืืืืื ืืฉืื ืืชืืื ืจืื ืืืจ ืคืืืจ ืืื ืื ืืืืืื ืืืชืืื ืืืืกืืจื
As it was stated: With regard to one who intended to lift a plant detached from the ground and mistakenly cut a plant still attached to the ground, all agree he is exempt from bringing a sin offering. What is the reason? It is due to the fact that he did not intend to act for the sake of cutting, i.e., he merely intended to lift the plant. By contrast, if one intended to cut a detached plant and he mistakenly cut a plant that is still attached, Abaye said he is liable, due to the fact that he intended to act for the sake of cutting. Although his intention was not to perform a prohibited cutting, nevertheless he had intent to cut, and therefore he is liable for the prohibited cutting he performed in practice. Rava said: He is exempt, due to the fact that he did not intend to perform a prohibited cutting.
ืจืื ืืืกื ืืืืจ ืื ื ืืืงื ืืืณ ืชื ืื ืืืจ ืืื ืจืื ืืืกื ืืงืืงืชื ืืืจื
ยง The mishna teaches that Rabbi Yosei says: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to one who performs prohibited labor during the intervening twilight period; rather, they both agree that he is exempt, as I say: He performed part of the labor today and he performed part of the labor the following day. It is taught in a baraita that Rabbi Yosei said to the other Sages: You were diligent to examine my opinion, and you found a refutation of my statement.
ืืื ืืืจื ืืื ืืืืจ ืืื ืืงืืงืชื ืืืจื ืืื ืืืจื ืืื ืืืืื ืืื ืืฉืืฉืืช ืืื ืืืจ ืืื ืืงืืงืชื ืืืจื
The Gemara asks: What did they say to him that led Rabbi Yosei to say to them: You were diligent to examine my opinion? The Gemara explains that this is what they said to him: What is the halakha in a case where one lifted an item at twilight between Shabbat and Yom Kippur and carried it from one domain to another? If the domains are adjacent, this act can be performed so quickly that even at twilight it does not span two days. For this reason, Rabbi Yosei said to them: You were diligent to examine my opinion.
ืื ืืื ืืื ืืงืฆืช ืืืืื ืืืชื ืืืืื ืืืงืฆืชื ืืืืจ ืืื ื ืื ืงืืืจ ืืื ืืงืืงืชื ืืืจื ืืื ืืขืืืชื ืืืืื ืืืื
Since according to Rabbi Yosei the period of twilight is instantaneous, the Gemara objects: But let him say to them: In this case as well, part of the lifting was performed today and part of it was performed tomorrow. The Gemara explains: That is also what he is saying to them: You were diligent to examine my opinion, and yet you have not accomplished anything, as I remain steadfast in my opinion.
ืืืจืื ืืืกื ืืืจ ืืืืื ืืจืื ืืืืขืืจ ืคืืืจ ืื ืฉืืขื ื ืืื ืืืืืื ืืชื ื ืจืื ืืืืขืืจ ืืืืจ ืืืืจื ืฉืืฉื ืืืืื ืืชืืื ืืืื ืขื ืืืจืื ืืืื
The Gemara objects: And according to Rabbi Yosei, had the start of the labor been on Shabbat and the completion of the labor on Yom Kippur, Rabbi Eliezer and Rabbi Yehoshua would agree that he is exempt. But according to Rabbi Eliezer, would he really be exempt? Didnโt we hear that Rabbi Eliezer deems one liable for the final stage of a prohibited labor? As we learned in a mishna (Shabbat 105a) that Rabbi Eliezer says: One who weaves on Shabbat is liable to bring a sin offering if he weaves three threads at the beginning of work on a new item, or if he adds one thread to a preexisting woven fabric. Although the minimum number of threads required for the prohibited labor of weaving is generally three, Rabbi Eliezer deems one liable for a single thread that he adds to a woven fabric.
ืืืจ ืจื ืืืกืฃ ืจืื ืืืกื ืืืืื ืืจืื ืืืืขืืจ ืืื ืืชื ื ืจืื ืืืืขืืจ ืืืืจ ืืืืจื ืฉืืฉื ืืืืื ืืชืืื ืืฉื ืื ืขื ืืืจืื ืืืื
Rav Yosef said in response: Rabbi Yosei, in accordance with the opinion of Rabbi Eliezer, would explain that this is what the mishna teaches: Rabbi Eliezer says: One who weaves on Shabbat is liable if he weaves three threads at the beginning of work on a new item, or if he adds two threads to a preexisting woven fabric.
ืืืจ ืจืื ืืืืื ืคืืืจื ืืื ืจืื ืืืืฉืข ืืฃ ืืืฉื ืชืืื ืชื ืื ืืืจ ืจืื ืืืืื ืคืืืจื ืืื ืจืื ืืืืฉืข ืืฃ ืืืฉื ืชืืื ืฉื ืืืจ ืื ืชืืื ืืื ืืืข ืคืจื ืืื ืฉืืืข ืฉืืื ืืืจ ืื ืจืื ืฉืืขืื ืืื ืฉืืืื ืืฉื ืชืืื ืฉื ืืืจ ืืขืฉื ืืื ืืืข ืืื ืื ืืืข ืืื ืขืฉื
ยง The mishna teaches that Rabbi Yehuda said: Rabbi Yehoshua would deem exempt one who does not know the nature of his sin even from bringing a provisional guilt offering. It is taught in a baraita that Rabbi Yehuda said: Rabbi Yehoshua would deem exempt one who does not know the nature of his sin even from bringing a provisional guilt offering, as it is stated: โAnd if anyone sin, and do any of the commandments of the Lord that are not to be done, though he does not know it; yet is he guilty, and shall bear his iniquityโ (Leviticus 5:17). The verse excludes this case, where he knew that he sinned. Rabbi Shimon said to Rabbi Yehuda: It can be inferred from this same verse that he does in fact bring a provisional guilt offering. The phrase โand doโฆthough he does not know itโ indicates that one brings an offering in a case such as this, when he did not know with which item he sinned.
ืืื ืกืคืง ืืื ืืื ืกืคืง ืื ืืื ืฆื ืืฉืื ืขืืื ืื ืืืื ืืฉื ืชืืื ืื ืืื ืืื ืืื ืขืื
The baraita continues: But in a case where there is uncertainty whether one ate forbidden fat and uncertainty whether one did not eat forbidden fat, which is a situation where he did not know if he sinned at all, it is unclear whether Rabbi Shimon maintains he is liable to bring a provisional guilt offering. Therefore, go and ask about it, to determine whether one brings a provisional guilt offering in such a case or not. The Gemara asks: What conclusion was reached about it?
ืชื ืฉืืข ืืื ืืื ืืืข ืืื ืืื ืื ืกืคืง ืืื ืกืคืง ืื ืืื ืืืื ืืฉื ืชืืื ืืื ืฉืืขื ื ืืื ืืืืจ ืืื ืืืื ืืืืข ืืืื ืืื ืืืื ืืฉื ืชืืื ืจืื ืฉืืขืื ืืงื ืชื ื ืกืคืง ืืื ืกืคืง ืื ืืื ืืืื ืืฉื ืชืืื ืฉืืข ืืื ื ืกืืืจื ืืื ืืจืื ืฉืืขืื ืกืคืง ืืื ืกืคืง ืื ืืื ืืืื ืืฉื ืชืืื
The Gemara suggests: Come and hear a proof from a baraita: If one sinned and did not know with what item he sinned, or if there is uncertainty whether he sinned and uncertainty whether he did not sin, he brings a provisional guilt offering. The Gemara infers: Whom did you hear who says that if one sinned and did not know with what item he sinned he must bring a provisional guilt offering? It is Rabbi Shimon. Consequently, this baraita must be in accordance with his opinion, and it teaches: If there is uncertainty whether one sinned and uncertainty whether one did not sin, he brings a provisional guilt offering. Conclude from the baraita that Rabbi Shimon holds: If there is uncertainty if one sinned and uncertainty if one did not sin, he brings a provisional guilt offering.
ืจืื ืฉืืขืื ืฉืืืจื ืืจืื ืฉืืขืื ืืืืจ ืื ื ืืืงื ืืืณ ืื ืื ืื ืชืืืื ืืืืจ ืณืืฉืจ ืืื ืืืณ ืคืจื ืืืชืขืกืง
ยง The mishna teaches that Rabbi Shimon and Rabbi Shimon Shezuri say: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to a case where his lack of knowledge involves items from one category. And the last clause in the mishna concludes: If it is so, what is the meaning when the verse states: โIf his sin, wherein he has sinnedโ (Leviticus 4:23), from which it is derived that one is liable only if the object of the sin was the one he intended? It serves to exclude one who acts unawares and does not intend to perform a prohibited action at all.
ืืืจ ืจื ื ืืื ืืืจ ืฉืืืื ืืชืขืกืง ืืืืืื ืืขืจืืืช ืืืื ืฉืื ื ืื ื ืืชืขืกืง ืืฉืืช ืคืืืจ ืืืืืช ืืืฉืืช ืืกืจื ืชืืจื
In connection to this halakha about one who acts unawares, Rav Naแธฅman says that Shmuel says: With regard to one who acts unawares and transgresses the prohibitions of eating forbidden fats or engaging in intercourse with those with whom intercourse is forbidden, he is liable to bring a sin offering because he derived pleasure from his actions. By contrast, one who acts unawares and performs a prohibited labor on Shabbat is exempt, as the Torah prohibited only planned, constructive labor on Shabbat, which does not include an act of labor that is not intended, or whose result is unintended.
ืืืจ ืืื ืจืื ืืจื ื ืืื ืืื ืชืื ืืงืืช ืืื ืืชืขืกืง ืืื ืืชื ื ืื ืฉืืื ืื ืฉื ื ืชืื ืืงืืช ืืื ืืืื ืืฉืืช ืืืื ืืืื ืืืจ ืืฉืืช ืืฉืื ืืื ืืช ืฉื ืืืจ ืืฉืืช ืืฉืืช ืจืื ืืืืขืืจ ืืืืื ืืืืช ืืจืื ืืืืฉืข ืคืืืจ
Rava said to Rav Naแธฅman: But isnโt the case of the two babies considered like a case where one acts unawares, and yet we learned in a mishna (Shabbat 137a): In the case of one who had two babies to circumcise, one of whom he was required to circumcise on Shabbat and one whom he was required to circumcise the day after Shabbat, and he forgot and circumcised the one that should have been circumcised after Shabbat on Shabbat, Rabbi Eliezer deems him liable to bring a sin offering, as circumcision before its appointed time does not override Shabbat. And Rabbi Yehoshua deems him exempt from bringing a sin offering.
ืขื ืืื ืื ืคืืจ ืจืื ืืืืฉืข ืืื ืืฉืื ืืงืกืืจ ืืขื ืืืืจ ืืฆืื ืืื ืขืฉื ืืฆืื ืคืืืจ ืืื ืืชืขืกืง ืืืืจ ืืืื ืืฆืื ืืคืืื ืจืื ืืืืฉืข ืืืืื
Rava explains his objection: Rabbi Yehoshua deemed him exempt only here, in that particular case, because he holds that if one erred with regard to a mitzva and did not perform the mitzva but committed a transgression instead, he is exempt. But in a case where one acts unawares in a matter that does not involve a mitzva, even Rabbi Yehoshua deems him liable. This indicates that according to both opinions, in general one who commits a transgression on Shabbat while acting unawares is liable.
ืืืจ ืื ืื ื ืืชืื ืืงืืช ืืืืื ืืืงืืงื ืืืืืจื ืืืื ืืชืขืกืง ืืืืืจื ืืืื
Rav Naแธฅman said to Rava: Leave aside the case of the babies. No proof can be derived from there, as the transgression in that case is the act of inflicting a wound on Shabbat. This is an exceptional case, since one who inflicts a destructive wound is liable despite the fact that one is usually exempt from liability if he performs perform non-constructive acts on Shabbat. Consequently, the standard requirement of constructive labor on Shabbat does not apply, which is why one who acts unawares and inflicts a wound is also liable.
ืืืชืืืื ืจื ืืืืื ืืฉืืืื ืจืื ืืืืื ืืืืจ ืืคืืื ืืชืืืื ืืืงื ืชืื ืื ืืืืงื ืขื ืืื ืขื ืืื ืืืืงื ืชืื ืื ืฉืืืจืืช ืืืืงื ืืื ืืช ืืื ืืช ืืืืงื ืฉืืืจืืช ืจืื ืืืืขืืจ ืืืืื ืืืืช ืืจืื ืืืืฉืข ืคืืืจ
The Gemara cites another difficulty with regard to the claim that one who acts unawares when he performs a labor on Shabbat is exempt. Rav Yehuda raised an objection to Shmuel from the mishna. Rabbi Yehuda says: Even if one intended to pick figs and he picked grapes, or to pick grapes and he picked figs, or to pick black figs and he picked white figs, or to pick white figs and he picked black figs, Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt.
ืืื ืืื ืืชืขืกืง ืืื ืืจืื ืืืืฉืข ื ืื ืื ืงื ืคืืจ ืืื ืื ืืื ื ืืืื ื ืืื ืืื ืืื ื ืืคืืื ืจืื ืืืืฉืข ืืืืื
Rav Yehuda explained his objection: And this case here is concerning one who acts unawares, and yet not only does Rabbi Eliezer deem him liable, but Rabbi Yehoshua too deemed him exempt from bringing a sin offering only if he unwittingly switched one type for another type, e.g., grapes for figs, or white figs for black figs. But in a case where he unwittingly switches one for another within one type, even Rabbi Yehoshua deems him liable.
ืืืจ ืืื ืฉืื ื ื ืฉืืืง ืืชื ืืชืื ืืชื ืืชืจืื ืืื ืืืื ืขืกืงืื ื ืืืื ืฉืืื ืืืงื ืืืื ื ืชืืืื ืืืงื ืขื ืืื ืืฉืื ืืกืืืจ ืชืื ืื ืืขืื ื ืืืืื ืืื ืขื ืืขื ืืื ืืจืื ืืืืขืืจ ืกืืจ ืืจื ื ืขืฉืชื ืืืื ืชื ืืจืื ืืืืฉืข ืกืืจ ืืจื ืื ื ืขืฉืชื ืืืื ืชื ืืืืฉืืชื
Shmuel said to Rav Yehuda in response: Large-toothed one [shinnana], leave the mishna and follow after me, i.e., it should not be understood as you think. What are we dealing with here? We are dealing with a case where the picker lost his train of thought. He had initially intended to pick grapes and then he forgot his initial intention and thought: It is figs that I want. But his hand unwittingly went among the grapes and he picked the grapes he had initially intended. In that case Rabbi Eliezer holds he is liable, as his initial intention was fulfilled. And Rabbi Yehoshua holds f his current intention and thought are not fulfilled, and therefore he is exempt. By contrast, in a standard case where one acts unawares, both agree that he is exempt.
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This month's learningย is sponsored by Leah Goldford in loving memory ofย her grandmothers, Tzipporah bat Yechezkiel, Rivka Yoda Batย Dovide Tzvi, Bracha Bayla bat Beryl, her father-in-law, Chaim Gershon ben Tzvi Aryeh, her mother, Devorah Rivkah bat Tuvia Hacohen, her cousins, Avrum Baer ben Mordechai, and Sharon bat Yaakov.
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Keritot 19
The William Davidson Talmud | Powered by Sefaria
ืจืื ืฉืืขืื ืคืืืจ ืืื ืจืื ืฉืืขืื ืื ืืืืื ืคืืืจ ืืืืื ืืฉืื ืจืื ืฉืืขืื
The baraita continues by citing a dispute concerning Rabbi Shimonโs opinion. Rabbi Shimon exempts him from the obligation to bring an offering in this particular case. Since he became pure in between, at no point did he have definite knowledge that he was impure. For one to be liable to bring an offering for entering the Temple in a state of ritual impurity he must have knowledge of the impurity at the beginning and the end, and a lack of knowledge in the middle. Rabbi Shimon ben Yehuda deems him exempt from the obligation to bring an offering in all of those cases, and he reports this opinion in the name of Rabbi Shimon.
ืืืคืืื ืืงืืืืชื ืืืจ ืจืื ืืื ืืืื ืขืกืงืื ื ืืืื ืฉืืื ืืจืืฉืื ืืืฉืขืช ืืืืืื ืืฉื ื ืฉืื ืฉืืื ืืจืืฉืื ืืืื ืคืืืื ืชื ื ืงืื ืกืืจ ืืงืฆืช ืืืืขื ืืืืืขื ืืืื ืืจืื ืฉืืขืื ืกืืจ ืืงืฆืช ืืืืขื ืืื ืืืืืขื ืืืื
Before explaining the contradictions between the opinions of Rabbi Yoแธฅanan and Reish Lakish, the Gemara asks a question about Rabbi Shimon ben Yehudaโs statement: Can it be that Rabbi Shimon holds that one is exempt even in the first case? Since he walked down both paths prior to entering the Temple, he had definite knowledge of his impure status. Rava said: What are we dealing with here? We are dealing with a case where he walked on the first path, and at the time of his walking on the second path he forgot that he had previously walked on the first path. Consequently, the knowledge that would render him liable to bring a sin offering is incomplete. And it is with regard to this point that they disagree: The first tanna holds that partial knowledge is considered like full knowledge, and Rabbi Shimon holds that partial knowledge is not considered like full knowledge.
ืืืจ ืืจ ืืื ืืจืืฉืื ืื ืื ืก ืืืืื ืืืื ืืืื ืืฉื ื ืื ืื ืก ืืืื ืืืื ืืืื ืื ืื ืืื ืืื ืืืืขื
The Gemara returns to discuss the contradictions for which it cited this baraita. The Master said: If he walked on the first path and entered the Temple, and then he received the sprinkling of the ashes of the red heifer on the third and seventh days, and immersed, and subsequently walked on the second path and entered the Temple, he is liable to bring a sin offering. The Gemara asks: Why is he liable? After all, he did not have definite knowledge of his ritual impurity each time he entered the Temple. Although it is certain that after walking on the second path he had contracted ritual impurity at some point, as he had been purified in between, there was no specific point at which he had knowledge of definite impurity.
ืืืจ ืจืืฉ ืืงืืฉ ืื ืื ื ืจืื ืืฉืืขืื ืืื ืืื ืืขื ืืืืขื ืืชืืื ืจืื ืืืื ื ืืืจ ืืคืืื ืชืืื ืจืื ื ืืื ืขืฉื ืกืคืง ืืืืขื ืืืืืขื
Reish Lakish said: In accordance with whose opinion is this baraita? It is in accordance with the opinion of Rabbi Yishmael, who does not require knowledge at the outset, before an unwitting transgression, in order to render one liable to bring a sin offering. Rabbi Yoแธฅanan said: You may even say that it is in accordance with the opinion of the Rabbis, who maintain that definite knowledge is necessary to render one liable to bring a sin offering, as here they rendered uncertain knowledge like full knowledge.
ืกืืงื ืืขืชื ืืื ืขืฉื ืืืื ืืืื ืืื ืืชืืจื ืืืื ืงืฉืื ืืจืื ืืืื ื ืืืจืื ืืืื ื
The Gemara explains the contradiction: It enters your mind to say that Rabbi Yoแธฅanan meant that here they rendered uncertain knowledge like full knowledge, and the same is true for the entire Torah. Therefore, it is difficult, as there is an apparent contradiction between the statement of Rabbi Yoแธฅanan above and this statement of Rabbi Yoแธฅanan. Here, Rabbi Yoแธฅanan says that uncertain knowledge is considered like full knowledge, whereas earlier he stated that uncertain knowledge, unlike full knowledge, does not divide separate unwitting transgressions to render one obligated to bring multiple sin offerings.
ืงืฉืื ืืจืืฉ ืืงืืฉ ืืืจืืฉ ืืงืืฉ
And likewise it is difficult with regard to the apparent contradiction between the statement of Reish Lakish earlier and the statement of Reish Lakish here. Reish Lakish previously stated that Rabbi Yehuda HaNasi maintains that uncertain knowledge divides unwitting transgressions to render one obligated to bring separate sin offerings, whereas here he explains that the baraita is in accordance with the opinion of Rabbi Yishmael, not Rabbi Yehuda HaNasi.
ืืฉืืื ืืจืื ืืืื ื ืืืจืื ืืืื ื ืื ืงืฉืื ืืื ืขืฉื ืืื ืืื ืืชืืจื ืืืื ืื
The Gemara comments: Granted, the apparent contradiction between one statement of Rabbi Yoแธฅanan and the other statement of Rabbi Yoแธฅanan is not difficult. One can answer that when he said: Here they rendered uncertain knowledge like full knowledge, he meant specifically here, but with regard to the entire Torah it is not considered like full knowledge.
ืืื ืืขืื ืืื ืืื ืืืืื ืืชืื ืื ืขืื ืืื ื ืืืื ืืื ืืืืขื ืืืืช ืื ื ืื ืกืคืง ืืืื ืงืจื ืืื ืืื ืืชืืจื ืืืื ืืชืื ืื ืืืืข ืืืื ืืืืชื ืื ืืืช ืืื ืืืืขื ืืื ืืืืืื
The Gemara asks: What is the reason that this particular case is an exception? Here, with regard to ritual impurity, it is written: โOr if anyone touch any impure thingโฆand it was concealed from him that he is impureโ (Leviticus 5:2). This indicates that even when one has knowledge that has an uncertainty to it, the verse renders him obligated to bring an offering. But with regard to the rest of the entire Torah it is written: โIf his sin, which he has sinned, be known to himโ (Leviticus 4:28). This teaches that it is only if he has full knowledge that he is obligated to bring an offering.
ืืื ืืจืืฉ ืืงืืฉ ืงืฉืื ืืืืืงืื ืื ืืจืื ืืฉืืขืื ืืืงืื ืืจืื ืื ืงื ืืฉืืข ืื ืืจืื ืืฉืืขืื ื ืื ืื ืืขื ืืืืขื ืืชืืื
But the contradiction between one statement of Reish Lakish and the other statement of Reish Lakish is difficult: Instead of interpreting the baraita in accordance with the opinion of Rabbi Yishmael, he should interpret it in accordance with the opinion of Rabbi Yehuda HaNasi. The Gemara answers: This is what Reish Lakish is teaching us by establishing the baraita in accordance with Rabbi Yishmael: That Rabbi Yishmael also does not require knowledge at the outset, before an unwitting transgression, in order to render one liable to bring a sin offering.
ืื ืืชื ืืชืื ืืื ืืชื ื ืจืื ืืฉืืขืื ืืืืจ ืื ืขืื ืืื ื ืฉืชื ืคืขืืื ืืืืื ืขื ืืขืื ืืืืื ืืขื ืืขืื ืืงืืฉ
The Gemara objects: But that is already taught explicitly in a mishna, as we learned (Shevuot 14b) that Rabbi Yishmael says: The verse states: โIt was concealed from himโ (Leviticus 5:2โ3), twice. One mention of the phrase serves to render one obligated to bring a sin offering for a lapse of awareness of his state of ritual impurity when he entered the Temple, and the other mention of the phrase teaches that he is obligated to bring a sin offering for a lapse of awareness during which he forgot that the building he was entering while impure was the Temple. Since this is the same verse that is the source for the requirement of knowledge at the outset, evidently Rabbi Yishmael disagrees with this opinion, as he derives a different halakha from the verse.
ืืืฆืืจืื ืกืืงื ืืขืชื ืืืื ื ืืงืจื ืืืช ืืื ืืืืจื ืืืช ืืื ืงื ืืฉืืข ืื
The Gemara explains: It was necessary for Reish Lakish to state that Rabbi Yishmael does not require knowledge at the outset, as it might enter your mind to say: Although Rabbi Yishmael has no verse from which he could derive this requirement, perhaps he has a tradition with regard to the requirement of prior knowledge. By establishing that the baraita is in accordance with the opinion of Rabbi Yishmael, Reish Lakish teaches us conclusively that Rabbi Yishmael does not require knowledge at the outset.
ืืชื ืืณ ืืื ืื ืืชืจ ืืคื ืื ืืืื ืืื ืืื ืืืื ื ืืืืข ืืืื ืืื ืืื ืืฉืชื ื ืื ืืืืืชื ืขืื ืืืืช ืฉืื ืืืืช ืืื ืืืื ื ืืืืข ืืืืื ืืื ืฉืื ืฉืืช ืืืื ืืืืคืืจืื ืืขืฉื ืืืืื ืืื ืืฉืืฉืืช ืืืื ื ืืืืข ืืืืื ืืื ืขืฉื ืจืื ืืืืขืืจ ืืืืื ืืืืช ืืจืื ืืืืฉืข ืคืืืจ
MISHNA: If one has pieces of forbidden fat and notar before him and he ate one of them and he does not know which of them he ate; or if his menstruating wife and his sister were with him in the house and he unwittingly engaged in intercourse with one of them and he does not know with which of them he unwittingly engaged in intercourse; or if Shabbat and Yom Kippur occurred adjacent to one another and he performed prohibited labor during the intervening twilight period and he does not know on which of the days he performed the labor, in all of these cases, Rabbi Eliezer deems the transgressor liable to bring a sin offering, as he certainly sinned, and Rabbi Yehoshua deems the transgressor exempt, as he does not know the nature of his sin.
ืืืจ ืจืื ืืืกื ืื ื ืืืงื ืขื ืืขืืฉื ืืืืื ืืื ืืฉืืฉืืช ืฉืืื ืคืืืจ ืฉืื ื ืืืืจ ืืงืฆืช ืขืฉื ืืืื ืืืงืฆืช ืขืฉื ืืืืจ
Rabbi Yosei said: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to one who performs prohibited labor during the intervening twilight period because they concur that he is exempt, as I say: He performed part of the labor today, and he performed part of the labor the following day.
ืขื ืื ื ืืืงื ืขื ืืขืืฉื ืืืืื ืืชืื ืืืื ืืืื ื ืืืืข ืื ืืฉืืช ืขืฉื ืื ืืืื ืืืคืืจืื ืขืฉื ืื ืขื ืืขืืฉื ืืืื ื ืืืืข ืืขืื ืืืื ืืืืื ืขืฉื ืฉืจืื ืืืืขืืจ ืืืืื ืืืืช ืืจืื ืืืืฉืข ืคืืืจ ืืืจ ืจืื ืืืืื ืคืืืจื ืืื ืจืื ืืืืฉืข ืืฃ ืืืฉื ืชืืื
With regard to what case did they disagree? With regard to the case of one who performs prohibited labor in the midst of the day, and he does not know whether it was on Shabbat that he performed the labor or whether it was on Yom Kippur that he performed the labor; or with regard to one who performs a prohibited labor and he does not know which labor he performed. As, in those cases Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rabbi Yehuda said: Rabbi Yehoshua would deem him exempt even from bringing a provisional guilt offering.
ืจืื ืฉืืขืื ืืจืื ืฉืืขืื ืฉืืืจื ืืืืจืื ืื ื ืืืงื ืขื ืืืจ ืฉืืื ืืฉื ืืื ืฉืืื ืืืื ืขื ืื ื ืืืงื ืขื ืืืจ ืฉืืื ืืฉืื ืฉื ื ืฉืืืช ืฉืจืื ืืืืขืืจ ืืืืื ืืืืช ืืจืื ืืืืฉืข ืคืืืจ
Rabbi Shimon and Rabbi Shimon Shezuri say: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to a case involving a matter where his lack of knowledge involves items from one category, e.g., he picked a grape from a vine on Shabbat and does not know which vine it was, as in that case they both agree that he is liable, since he knows the nature of his sin. With regard to what case did they disagree? With regard to a case involving a matter where his lack of knowledge involves items from two categories, e.g., he picked fruit from a tree on Shabbat and does not know whether it was from a vine or from a fig tree. As, in that case Rabbi Eliezer deems him liable to bring a sin offering, since he certainly sinned, and Rabbi Yehoshua deems him exempt, as he does not know the nature of his sin.
ืืืจ ืจืื ืืืืื ืืคืืื ื ืชืืืื ืืืงืื ืชืื ืื ืืืืงื ืขื ืืื ืขื ืืื ืืืืงื ืชืื ืื ืฉืืืจืืช ืืืืงื ืืื ืืช ืืื ืืช ืืืืงื ืฉืืืจืืช ืจืื ืืืืขืืจ ืืืืื ืืืืช ืืจืื ืืืืฉืข ืคืืืจ ืชืืืื ื ืื ืคืืจ ืื ืจืื ืืืืฉืข ืื ืื ืืื ื ืืืจ ืืฉืจ ืืื ืื ืคืจื ืืืชืขืกืง
Rabbi Yehuda said: Even if one intended to pick figs and he picked grapes, or to pick grapes and he picked figs, or to pick black figs and he picked white figs, or to pick white figs and he picked black figs, Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rabbi Yehuda added: I wonder if Rabbi Yehoshua deemed him exempt in that case, as even in his opinion the person intended to perform a prohibited labor. The mishna asks: If it is so, that he is not exempt according to Rabbi Yehuda, why is it stated: โIf his sin, wherein he has sinnedโ (Leviticus 4:23), from which it is derived that one is liable only if the object of the sin was the one that he intended? The mishna answers: This serves to exclude one who acts unawares and does not intend to perform a prohibited action at all.
ืืืณ ืชื ืื ืืืจ ืจืื ืืืืขืืจ ืื ื ืคืฉื ืื ืืื ืืื ืืืื ืื ื ืืชืจ ืืื ืืืื ืื ืืฉืชื ื ืื ืืขื ืืืื ืื ืืืืชื ืืขื ืืืื ืื ืืฉืืช ืขืฉื ืืืืื ืืืื ืื ืืืื ืืืคืืจืื ืขืฉื ืืืืื ืืืื
GEMARA: With regard to the first clause of the mishna and the dispute between Rabbi Eliezer and Rabbi Yehoshua, it is taught in a baraita that Rabbi Eliezer says: Whichever way you look at it he is liable to bring a sin offering. If it was forbidden fat that he ate, he is liable; and if it was notar that he ate, he is also liable. If it was with his menstruating wife that he engaged in intercourse, he is liable; and if it was with his sister that he engaged in intercourse, he is also liable. If it was on Shabbat that he performed the forbidden labor, he is liable; and if it was on Yom Kippur that he performed the labor, he is also liable. The result of any one of these scenarios is that he is liable to bring a sin offering.
ืืืจ ืื ืจืื ืืืืฉืข ืืจื ืืื ืืืืจ ืืฉืจ ืืื ืื ืขื ืฉืืืืข ืื ืืื ืืื ืืจืื ืืืืขืืจ ืืื ืื ืืื ืขืืื ืืื ืืืืขื ืืื ืคืจื ืืืชืขืกืง
Rabbi Yehoshua said to him in response: The verse states: โIf his sin, which he has sinned, be known to him, he shall bring for his offering a goat, a male without blemishโ (Leviticus 4:23). It is derived from the phrase: โWherein he has sinned,โ that he is not liable until it becomes known to him specifically with which item he sinned. The Gemara asks: And as for Rabbi Eliezer, what does he do with this phrase: โWhich he has sinnedโ? The Gemara answers: He requires it for the halakha that only one who is aware of his action is liable, as this phrase excludes one who acts unawares and inadvertently commits a transgression.
ืืชืขืกืง ืืืื ืื ืืืืืื ืืขืจืืืช ืืืื ืืืืจ ืจื ื ืืื ืืืจ ืฉืืืื ืืืชืขืกืง ืืืืืื ืืขืจืืืช ืืืื ืฉืื ื ืื ื
The Gemara asks: The halakha that one who acts unawares is exempt is stated in which case? If you say it applies to the cases of forbidden fats and those with whom intercourse is forbidden this cannot be correct, as in those cases one who acts unawares is liable to bring a sin offering. As Rav Naแธฅman says that Shmuel says: With regard to one who acts unawares and transgresses the prohibitions of eating forbidden fats or engaging in intercourse with those with whom intercourse is forbidden, he is liable to bring a sin offering because he derived pleasure.
ืืื ืืชืขืกืง ืืฉืืช ืคืืืจ ืืื ืืขืื ืืืืืช ืืืฉืืช ืืกืจื ืชืืจื
And if you say it is referring a case of one who acts unawares on Shabbat this cannot be correct either, as it is already established that one who acts unawares on Shabbat is exempt. What is the reason? The Torah prohibited only planned, constructive labor on Shabbat. Acts of labor that are not intended, or whose result is unintended, or whose consequence is destructive, are not included in this category. Therefore, it is already a known halakha that one who performs labor unawares on Shabbat is exempt.
ืืจืื ืืฉืืืช ืื ืืืื ืฉื ืชืืืื ืืืชืื ืืช ืืชืืืฉ ืืืชื ืืช ืืืืืืจ ืืืืื ืืฉืืืช ืื ืืืื ืื ืชืืืื ืืืืืื ืืช ืืชืืืฉ ืืืชื ืืช ืืืืืืจ
The Gemara answers: According to Rava, you find it is necessary to teach that one is exempt from bringing a sin offering for performing labor unawares on Shabbat in a case where one intended to cut a detached plant and he mistakenly cut a plant still attached. According to Abaye, who maintains he is liable in such a case, you find it necessary to teach that one who acts unawares is exempt in a case where he intended to lift a plant detached from the ground and mistakenly cut a plant still attached to the ground.
ืืืืชืืจ ื ืชืืืื ืืืืืื ืืช ืืชืืืฉ ืืืชื ืืช ืืืืืืจ ืคืืืจ ืืื ืืขืื ืืื ืื ืืืืืื ืืฉืื ืืชืืื ืืืชืื ืืช ืืชืืืฉ ืืืชื ืืช ืืืืืืจ ืืืื ืืืจ ืืืื ืืื ืืืืืื ืืฉืื ืืชืืื ืจืื ืืืจ ืคืืืจ ืืื ืื ืืืืืื ืืืชืืื ืืืืกืืจื
As it was stated: With regard to one who intended to lift a plant detached from the ground and mistakenly cut a plant still attached to the ground, all agree he is exempt from bringing a sin offering. What is the reason? It is due to the fact that he did not intend to act for the sake of cutting, i.e., he merely intended to lift the plant. By contrast, if one intended to cut a detached plant and he mistakenly cut a plant that is still attached, Abaye said he is liable, due to the fact that he intended to act for the sake of cutting. Although his intention was not to perform a prohibited cutting, nevertheless he had intent to cut, and therefore he is liable for the prohibited cutting he performed in practice. Rava said: He is exempt, due to the fact that he did not intend to perform a prohibited cutting.
ืจืื ืืืกื ืืืืจ ืื ื ืืืงื ืืืณ ืชื ืื ืืืจ ืืื ืจืื ืืืกื ืืงืืงืชื ืืืจื
ยง The mishna teaches that Rabbi Yosei says: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to one who performs prohibited labor during the intervening twilight period; rather, they both agree that he is exempt, as I say: He performed part of the labor today and he performed part of the labor the following day. It is taught in a baraita that Rabbi Yosei said to the other Sages: You were diligent to examine my opinion, and you found a refutation of my statement.
ืืื ืืืจื ืืื ืืืืจ ืืื ืืงืืงืชื ืืืจื ืืื ืืืจื ืืื ืืืืื ืืื ืืฉืืฉืืช ืืื ืืืจ ืืื ืืงืืงืชื ืืืจื
The Gemara asks: What did they say to him that led Rabbi Yosei to say to them: You were diligent to examine my opinion? The Gemara explains that this is what they said to him: What is the halakha in a case where one lifted an item at twilight between Shabbat and Yom Kippur and carried it from one domain to another? If the domains are adjacent, this act can be performed so quickly that even at twilight it does not span two days. For this reason, Rabbi Yosei said to them: You were diligent to examine my opinion.
ืื ืืื ืืื ืืงืฆืช ืืืืื ืืืชื ืืืืื ืืืงืฆืชื ืืืืจ ืืื ื ืื ืงืืืจ ืืื ืืงืืงืชื ืืืจื ืืื ืืขืืืชื ืืืืื ืืืื
Since according to Rabbi Yosei the period of twilight is instantaneous, the Gemara objects: But let him say to them: In this case as well, part of the lifting was performed today and part of it was performed tomorrow. The Gemara explains: That is also what he is saying to them: You were diligent to examine my opinion, and yet you have not accomplished anything, as I remain steadfast in my opinion.
ืืืจืื ืืืกื ืืืจ ืืืืื ืืจืื ืืืืขืืจ ืคืืืจ ืื ืฉืืขื ื ืืื ืืืืืื ืืชื ื ืจืื ืืืืขืืจ ืืืืจ ืืืืจื ืฉืืฉื ืืืืื ืืชืืื ืืืื ืขื ืืืจืื ืืืื
The Gemara objects: And according to Rabbi Yosei, had the start of the labor been on Shabbat and the completion of the labor on Yom Kippur, Rabbi Eliezer and Rabbi Yehoshua would agree that he is exempt. But according to Rabbi Eliezer, would he really be exempt? Didnโt we hear that Rabbi Eliezer deems one liable for the final stage of a prohibited labor? As we learned in a mishna (Shabbat 105a) that Rabbi Eliezer says: One who weaves on Shabbat is liable to bring a sin offering if he weaves three threads at the beginning of work on a new item, or if he adds one thread to a preexisting woven fabric. Although the minimum number of threads required for the prohibited labor of weaving is generally three, Rabbi Eliezer deems one liable for a single thread that he adds to a woven fabric.
ืืืจ ืจื ืืืกืฃ ืจืื ืืืกื ืืืืื ืืจืื ืืืืขืืจ ืืื ืืชื ื ืจืื ืืืืขืืจ ืืืืจ ืืืืจื ืฉืืฉื ืืืืื ืืชืืื ืืฉื ืื ืขื ืืืจืื ืืืื
Rav Yosef said in response: Rabbi Yosei, in accordance with the opinion of Rabbi Eliezer, would explain that this is what the mishna teaches: Rabbi Eliezer says: One who weaves on Shabbat is liable if he weaves three threads at the beginning of work on a new item, or if he adds two threads to a preexisting woven fabric.
ืืืจ ืจืื ืืืืื ืคืืืจื ืืื ืจืื ืืืืฉืข ืืฃ ืืืฉื ืชืืื ืชื ืื ืืืจ ืจืื ืืืืื ืคืืืจื ืืื ืจืื ืืืืฉืข ืืฃ ืืืฉื ืชืืื ืฉื ืืืจ ืื ืชืืื ืืื ืืืข ืคืจื ืืื ืฉืืืข ืฉืืื ืืืจ ืื ืจืื ืฉืืขืื ืืื ืฉืืืื ืืฉื ืชืืื ืฉื ืืืจ ืืขืฉื ืืื ืืืข ืืื ืื ืืืข ืืื ืขืฉื
ยง The mishna teaches that Rabbi Yehuda said: Rabbi Yehoshua would deem exempt one who does not know the nature of his sin even from bringing a provisional guilt offering. It is taught in a baraita that Rabbi Yehuda said: Rabbi Yehoshua would deem exempt one who does not know the nature of his sin even from bringing a provisional guilt offering, as it is stated: โAnd if anyone sin, and do any of the commandments of the Lord that are not to be done, though he does not know it; yet is he guilty, and shall bear his iniquityโ (Leviticus 5:17). The verse excludes this case, where he knew that he sinned. Rabbi Shimon said to Rabbi Yehuda: It can be inferred from this same verse that he does in fact bring a provisional guilt offering. The phrase โand doโฆthough he does not know itโ indicates that one brings an offering in a case such as this, when he did not know with which item he sinned.
ืืื ืกืคืง ืืื ืืื ืกืคืง ืื ืืื ืฆื ืืฉืื ืขืืื ืื ืืืื ืืฉื ืชืืื ืื ืืื ืืื ืืื ืขืื
The baraita continues: But in a case where there is uncertainty whether one ate forbidden fat and uncertainty whether one did not eat forbidden fat, which is a situation where he did not know if he sinned at all, it is unclear whether Rabbi Shimon maintains he is liable to bring a provisional guilt offering. Therefore, go and ask about it, to determine whether one brings a provisional guilt offering in such a case or not. The Gemara asks: What conclusion was reached about it?
ืชื ืฉืืข ืืื ืืื ืืืข ืืื ืืื ืื ืกืคืง ืืื ืกืคืง ืื ืืื ืืืื ืืฉื ืชืืื ืืื ืฉืืขื ื ืืื ืืืืจ ืืื ืืืื ืืืืข ืืืื ืืื ืืืื ืืฉื ืชืืื ืจืื ืฉืืขืื ืืงื ืชื ื ืกืคืง ืืื ืกืคืง ืื ืืื ืืืื ืืฉื ืชืืื ืฉืืข ืืื ื ืกืืืจื ืืื ืืจืื ืฉืืขืื ืกืคืง ืืื ืกืคืง ืื ืืื ืืืื ืืฉื ืชืืื
The Gemara suggests: Come and hear a proof from a baraita: If one sinned and did not know with what item he sinned, or if there is uncertainty whether he sinned and uncertainty whether he did not sin, he brings a provisional guilt offering. The Gemara infers: Whom did you hear who says that if one sinned and did not know with what item he sinned he must bring a provisional guilt offering? It is Rabbi Shimon. Consequently, this baraita must be in accordance with his opinion, and it teaches: If there is uncertainty whether one sinned and uncertainty whether one did not sin, he brings a provisional guilt offering. Conclude from the baraita that Rabbi Shimon holds: If there is uncertainty if one sinned and uncertainty if one did not sin, he brings a provisional guilt offering.
ืจืื ืฉืืขืื ืฉืืืจื ืืจืื ืฉืืขืื ืืืืจ ืื ื ืืืงื ืืืณ ืื ืื ืื ืชืืืื ืืืืจ ืณืืฉืจ ืืื ืืืณ ืคืจื ืืืชืขืกืง
ยง The mishna teaches that Rabbi Shimon and Rabbi Shimon Shezuri say: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to a case where his lack of knowledge involves items from one category. And the last clause in the mishna concludes: If it is so, what is the meaning when the verse states: โIf his sin, wherein he has sinnedโ (Leviticus 4:23), from which it is derived that one is liable only if the object of the sin was the one he intended? It serves to exclude one who acts unawares and does not intend to perform a prohibited action at all.
ืืืจ ืจื ื ืืื ืืืจ ืฉืืืื ืืชืขืกืง ืืืืืื ืืขืจืืืช ืืืื ืฉืื ื ืื ื ืืชืขืกืง ืืฉืืช ืคืืืจ ืืืืืช ืืืฉืืช ืืกืจื ืชืืจื
In connection to this halakha about one who acts unawares, Rav Naแธฅman says that Shmuel says: With regard to one who acts unawares and transgresses the prohibitions of eating forbidden fats or engaging in intercourse with those with whom intercourse is forbidden, he is liable to bring a sin offering because he derived pleasure from his actions. By contrast, one who acts unawares and performs a prohibited labor on Shabbat is exempt, as the Torah prohibited only planned, constructive labor on Shabbat, which does not include an act of labor that is not intended, or whose result is unintended.
ืืืจ ืืื ืจืื ืืจื ื ืืื ืืื ืชืื ืืงืืช ืืื ืืชืขืกืง ืืื ืืชื ื ืื ืฉืืื ืื ืฉื ื ืชืื ืืงืืช ืืื ืืืื ืืฉืืช ืืืื ืืืื ืืืจ ืืฉืืช ืืฉืื ืืื ืืช ืฉื ืืืจ ืืฉืืช ืืฉืืช ืจืื ืืืืขืืจ ืืืืื ืืืืช ืืจืื ืืืืฉืข ืคืืืจ
Rava said to Rav Naแธฅman: But isnโt the case of the two babies considered like a case where one acts unawares, and yet we learned in a mishna (Shabbat 137a): In the case of one who had two babies to circumcise, one of whom he was required to circumcise on Shabbat and one whom he was required to circumcise the day after Shabbat, and he forgot and circumcised the one that should have been circumcised after Shabbat on Shabbat, Rabbi Eliezer deems him liable to bring a sin offering, as circumcision before its appointed time does not override Shabbat. And Rabbi Yehoshua deems him exempt from bringing a sin offering.
ืขื ืืื ืื ืคืืจ ืจืื ืืืืฉืข ืืื ืืฉืื ืืงืกืืจ ืืขื ืืืืจ ืืฆืื ืืื ืขืฉื ืืฆืื ืคืืืจ ืืื ืืชืขืกืง ืืืืจ ืืืื ืืฆืื ืืคืืื ืจืื ืืืืฉืข ืืืืื
Rava explains his objection: Rabbi Yehoshua deemed him exempt only here, in that particular case, because he holds that if one erred with regard to a mitzva and did not perform the mitzva but committed a transgression instead, he is exempt. But in a case where one acts unawares in a matter that does not involve a mitzva, even Rabbi Yehoshua deems him liable. This indicates that according to both opinions, in general one who commits a transgression on Shabbat while acting unawares is liable.
ืืืจ ืื ืื ื ืืชืื ืืงืืช ืืืืื ืืืงืืงื ืืืืืจื ืืืื ืืชืขืกืง ืืืืืจื ืืืื
Rav Naแธฅman said to Rava: Leave aside the case of the babies. No proof can be derived from there, as the transgression in that case is the act of inflicting a wound on Shabbat. This is an exceptional case, since one who inflicts a destructive wound is liable despite the fact that one is usually exempt from liability if he performs perform non-constructive acts on Shabbat. Consequently, the standard requirement of constructive labor on Shabbat does not apply, which is why one who acts unawares and inflicts a wound is also liable.
ืืืชืืืื ืจื ืืืืื ืืฉืืืื ืจืื ืืืืื ืืืืจ ืืคืืื ืืชืืืื ืืืงื ืชืื ืื ืืืืงื ืขื ืืื ืขื ืืื ืืืืงื ืชืื ืื ืฉืืืจืืช ืืืืงื ืืื ืืช ืืื ืืช ืืืืงื ืฉืืืจืืช ืจืื ืืืืขืืจ ืืืืื ืืืืช ืืจืื ืืืืฉืข ืคืืืจ
The Gemara cites another difficulty with regard to the claim that one who acts unawares when he performs a labor on Shabbat is exempt. Rav Yehuda raised an objection to Shmuel from the mishna. Rabbi Yehuda says: Even if one intended to pick figs and he picked grapes, or to pick grapes and he picked figs, or to pick black figs and he picked white figs, or to pick white figs and he picked black figs, Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt.
ืืื ืืื ืืชืขืกืง ืืื ืืจืื ืืืืฉืข ื ืื ืื ืงื ืคืืจ ืืื ืื ืืื ื ืืืื ื ืืื ืืื ืืื ื ืืคืืื ืจืื ืืืืฉืข ืืืืื
Rav Yehuda explained his objection: And this case here is concerning one who acts unawares, and yet not only does Rabbi Eliezer deem him liable, but Rabbi Yehoshua too deemed him exempt from bringing a sin offering only if he unwittingly switched one type for another type, e.g., grapes for figs, or white figs for black figs. But in a case where he unwittingly switches one for another within one type, even Rabbi Yehoshua deems him liable.
ืืืจ ืืื ืฉืื ื ื ืฉืืืง ืืชื ืืชืื ืืชื ืืชืจืื ืืื ืืืื ืขืกืงืื ื ืืืื ืฉืืื ืืืงื ืืืื ื ืชืืืื ืืืงื ืขื ืืื ืืฉืื ืืกืืืจ ืชืื ืื ืืขืื ื ืืืืื ืืื ืขื ืืขื ืืื ืืจืื ืืืืขืืจ ืกืืจ ืืจื ื ืขืฉืชื ืืืื ืชื ืืจืื ืืืืฉืข ืกืืจ ืืจื ืื ื ืขืฉืชื ืืืื ืชื ืืืืฉืืชื
Shmuel said to Rav Yehuda in response: Large-toothed one [shinnana], leave the mishna and follow after me, i.e., it should not be understood as you think. What are we dealing with here? We are dealing with a case where the picker lost his train of thought. He had initially intended to pick grapes and then he forgot his initial intention and thought: It is figs that I want. But his hand unwittingly went among the grapes and he picked the grapes he had initially intended. In that case Rabbi Eliezer holds he is liable, as his initial intention was fulfilled. And Rabbi Yehoshua holds f his current intention and thought are not fulfilled, and therefore he is exempt. By contrast, in a standard case where one acts unawares, both agree that he is exempt.