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Rambam - 3 Chapters a Day

Shegagot - Chapter 6, Shegagot - Chapter 7, Shegagot - Chapter 8

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Shegagot - Chapter 6

1The laws concerning inadvertent consumption of foods are the same as those concerning inadvertent intimate relations. Therefore if one partook of the same type of forbidden food many times in one lapse of awareness, he is only liable for one sin-offering even though there were many days in the interim.1אדִּין שִׁגְגַת הַמַּאֲכָלוֹת כְּדִין שִׁגְגַת הַבְּעִילוֹת. לְפִיכָךְ, אִם אָכַל אֲכִילוֹת הַרְבֵּה מִשֵּׁם אֶחָד בְּהֶעְלֵם אֶחָד, אַף עַל פִּי שֶׁיֵּשׁ בֵּינֵיהֶן יָמִים רַבִּים - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת.
What is implied? One partook of forbidden fat on a given day and did so also on the following day, and the day following that in one state of lapsed awareness,2 he is liable for only one sin-offering, even if they were cooked in different pots.3 If, by contrast, one inadvertently partook of an olive-sized portion of forbidden fat, he became aware of the transgression and then again inadvertently partook of an olive-sized portion of forbidden fat and became aware of the transgression, he is liable for each time he ate. For gaining awareness causes each inadvertent transgression to be considered as distinct.כֵּיצַד? אָכַל חֵלֶב הַיּוֹם, וְאָכַל חֵלֶב לְמָחָר, וְחֵלֶב לְמָחָר, בְּהֶעְלֵם אֶחָד, אַף עַל פִּי שֶׁהֵן בִּשְׁלוֹשָׁה תַּמְחוּיִין - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת. אֲבָל אִם אָכַל כַּזַּיִת חֵלֶב וְנוֹדַע לוֹ, וְחָזַר וְאָכַל כַּזַּיִת חֵלֶב וְנוֹדַע לוֹ - חַיָּב עַל כָּל אֲכִילָה וַאֲכִילָה; שֶׁהַיְּדִיעוֹת מְחַלְּקוֹת הַשְּׁגָגוֹת.
If one partook of half an olive-sized portion of forbidden fat and then partook of another half of an olive-sized portion of forbidden fat in one state of lapsed awareness, they are joined together, even though they were cooked and served in different pots and he made an interruption between partaking of them.4 For the different pots do not cause the inadvertent transgressions to be considered as distinct.אָכַל כַּחֲצִי זַיִת חֵלֶב וְחָזַר וְאָכַל כַּחֲצִי זַיִת חֵלֶב בְּהֶעְלֵם אֶחָד, אַף עַל פִּי שֶׁהֵן שְׁנֵי תַּמְחוּיִין, וְאַף עַל פִּי שֶׁהִפְסִיק בֵּינֵיהֶן - הֲרֵי אֵלּוּ מִצְטָרְפִין, וּמֵבִיא חַטָּאת; שֶׁאֵין הַתַּמְחוּיִין מְחַלְּקִין.
This applies provided he did not take more than the time to eat three eggs between the two times he ate, as explained in Hilchot Ma’achalot Assurot.5 Just as anything eaten in this time is combined to comprise a minimum measure to make a person who did so willfully liable for lashes, so too, anything eaten in this time is combined to comprise a minimum measure to make a person who did so inadvertently liable to bring a sacrifice.וְהוּא שֶׁלֹּא יִשְׁהֶה בֵּינֵיהֶן יָתֵר מִכְּדֵי אֲכִילַת שָׁלוֹשׁ בֵּיצִים, כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת מַאֲכָלוֹת אֲסוּרוֹת. שֶׁכְּשֵׁם שֶׁמִּצְטָרֵף הַשִׁעוּר לַמֵּזִיד לְמַלְקוּת, כָּךְ מִצְטָרֵף הַשִׁעוּר לַשּׁוֹגֵג לְקָרְבָּן.
2If a person partook of notar6 from five different sacrifices, an olive-sized portion from each sacrifice, in one lapse of awareness, he is liable for only one sin-offering, even if he partook of them in five different pots. The rationale is that they are all included in one prohibition and the different pots do not cause the inadvertent transgressions to be considered as distinct.באָכַל נוֹתָר מֵחֲמִשָּׁה זְבָחִים, כַּזַּיִת מִכָּל זֶבַח, בְּהֶעְלֵם אֶחָד, אַף עַל פִּי שֶׁאֲכָלָן בַּחֲמִשָּׁה תַּמְחוּיִין - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת; שֶׁכֻּלָּן שֵׁם אֶחָד הֵן, וְהַתַּמְחוּיִין אֵינָן מְחַלְּקִין.
Nor do the different bodies of the sacrifices cause the inadvertent transgressions to be considered as distinct.7 There is no difference whether one partakes of meat that is notar from one sacrifice or from many sacrifices.וְגוּפֵי הַזְּבָחִים אֵינָן מְחַלְּקִין - שֶׁאֶחָד הָאוֹכֵל בָּשָׂר מִזְּבָחִים רַבִּים אוֹ מִזֶּבַח אֶחָד.
Similarly, when one slaughters five sacrificial animals outside the Temple Courtyard in one lapse of awareness, he is only liable for one sin-offering.8וְכֵן הַשּׁוֹחֵט חֲמִשָּׁה זְבָחִים בַּחוּץ בְּהֶעְלֵם אֶחָד - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת.
To what can the matter be compared? To one who bows down to five forbidden images in one lapse of awareness.לְמַה זֶה דּוֹמֶה? לַמִּשְׁתַּחֲוֶה לְחָמֵשׁ צוּרוֹת בְּהֶעְלֵם אֶחָד.
3If one let the blood of his animal9 and received it in two cups and drank them both in one lapse of awareness, he is liable for only one sin-offering.10גהִקִּיז דָּם לִבְהֶמְתּוֹ וְקִבְּלוֹ בִּשְׁנֵי כּוֹסוֹת וּשְׁתָאָן בְּהֶעְלֵם אֶחָד - אֵינוֹ מֵבִיא אֶלָא חַטָּאת אַחַת.
4When a person eats foods that are forbidden because of different prohibitions in one lapse of awareness, he is liable for one sin-offering for every type of prohibition.11דהָאוֹכֵל מַאֲכָלוֹת הַרְבֵּה מִשֵּׁמוֹת הַרְבֵּה בְּהֶעְלֵם אֶחָד - חַיָּב עַל כָּל שֵׁם וְשֵׁם.
What is implied? One partook of an olive-sized portion of each of the following: forbidden fat, blood, notar, and piggul12 , in one lapse of awareness must bring four sin-offerings. Similar laws apply in all analogous situations.כֵּיצַד? כְּגוֹן שֶׁאָכַל חֵלֶב וְדָם וְנוֹתָר וּפִגּוּל, כַּזַּיִת מִכָּל אֶחָד וְאֶחָד, בְּהֶעְלֵם אֶחָד - מֵבִיא אַרְבַּע חַטָּאוֹת. וְכֵן כָּל כַּיוֹצֵא בְּאֵלּוּ.
Anyone who eats a single olive-sized portion of food that is forbidden because of many different prohibitions in one lapse of awareness must bring a sin-offering for every prohibition, provided the prohibitions either cause the entity to be forbidden to additional people,13 the scope of the latter prohibition encompasses other entities together with the entity that was originally prohibited,14 or the two prohibitions take effect at the same time.וְכֵן הָאוֹכֵל כַּזַּיִת אֶחָד, שֶׁנִּתְקַבְּצוּ בּוֹ שֵׁמוֹת הַרְבֵּה, בְּהֶעְלֵם אֶחָד, אִם נִתְקַבְּצוּ בְּאִסּוּר מוֹסִיף אוֹ בְּאִסּוּר כּוֹלֵל אוֹ בְּאִסּוּר בַּת אַחַת - חַיָּב עַל כָּל שֵׁם וְשֵׁם.
For this reason, if a person who is ritually impure partook of an olive-sized portion of forbidden fat that was notar on Yom Kippur, he must bring four sin-offerings and a guilt-offering: one sin-offering,15 because he was impure and he partook of consecrated food,16 one, because he partook of forbidden fat, one, because he partook of notar,17 and one, because he ate on Yom Kippur,18 provided another food is combined with this olive-sized portion so that it comprises a date-sized portion.19לְפִיכָךְ, הַטָּמֵא שֶׁאָכַל כַּזַּיִת חֵלֶב נוֹתָר בְּיוֹם הַכִּפּוּרִים - מֵבִיא אַרְבַּע חַטָּאוֹת וְאָשָׁם: חַטָּאת אַחַת מִשּׁוּם טָמֵא שֶׁאָכַל קֹדֶשׁ, וְאַחַת מִשּׁוּם אוֹכֵל חֵלֶב, וְאַחַת מִשּׁוּם אוֹכֵל נוֹתָר, וְאַחַת מִשּׁוּם יוֹם הַכִּפּוּרִים. וְהוּא שֶׁיְּצָרֵף אֹכֶל אַחֵר עִם כַּזַּיִת זֶה עַד שֶׁיַּשְׁלִימוֹ לְכַכּוֹתֶבֶת.
And he must bring a guilt-offering for the misappropriation of consecrated property,20 for he inadvertently derived benefit from consecrated property.וּמֵבִיא אָשָׁם וַדַּאי לַמְּעִילָה, שֶׁהֲרֵי נֶהֱנֶה מִן הַהֶקְדֵּשׁ בִּשְׁגָגָה.
5When a person eats and drinks on Yom Kippur in one lapse of awareness, he is only liable for one sin-offering. Eating and drinking is considered as a single act.ההָאוֹכֵל וְהַשּׁוֹתֶה בְּיוֹם הַכִּפּוּרִים בְּהֶעְלֵם אֶחָד - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת. אֲכִילָה וּשְׁתִיָּה אַחַת הִיא.
6When a person performs a forbidden labor on Yom Kippur that falls on the Sabbath, he is liable for two sin-offerings,21 because they are two prohibitions that take effect at the same time.22והָעוֹשֶׂה מְלָאכָה בְּיוֹם הַכִּפּוּרִים שֶׁחָל לִהְיוֹת בַּשַּׁבָּת - חַיָּב שְׁתֵּי חַטָּאוֹת, מִפְּנֵי שֶׁהֵן שְׁנֵי אִסּוּרִין הַבָּאִין כְּאֶחָד.
7When a person eats a half of an olive-sized portion of forbidden fat and half an olive-sized portion of blood in one lapse of awareness, he is not liable for an offering.23 Just as the prohibitions are not combined to make one liable for lashes, as explained in Hilchot Ma’achalot Assurot,24 so too, they are not combined to make him liable for a sacrifice.זאָכַל כַּחֲצִי זַיִת חֵלֶב וְכַחֲצִי זַיִת דָּם בְּהֶעְלֵם אֶחָד - אֵינוֹ חַיָּב קָרְבָּן. כְּשֵׁם שֶׁאֵין הָאִסּוּרִין מִצְטָרְפִין לְמַלְקוּת, כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת מַאֲכָלוֹת אֲסוּרוֹת - כָּךְ אֵין מִצְטָרְפִין לְקָרְבָּן.
8When a person inadvertently partook of half an olive-sized portion25 of a forbidden substance and then became aware of his transgression, but forgot and partook of another half an olive-sized portion of the same substance in a second lapse of awareness, he is not liable for an offering. The rationale is that he became aware in the interim and awareness causes a distinction to be made even with regard to half the required measure.26חאָכַל כַּחֲצִי זַיִת וְנוֹדַע לוֹ, וְחָזַר וְשָׁכַח וְאָכַל כַּחֲצִי זַיִת אַחֵר בְּהֶעְלֵם שֵׁנִי - פָּטוּר; שֶׁהֲרֵי נוֹדַע לוֹ בֵּנְתַיִם, וְיֵשׁ יְדִיעָה לַחֲצִי שִׁעוּר.
Similarly, if one wrote one letter from a word on the Sabbath27 inadvertently and then became aware of the matter and then forgot and then wrote another letter next to the first28 in a second lapse of awareness, he is not liable for a sin-offering.29 Similar laws apply in all analogous situations.וְכֵן אִם כָּתַב אוֹת אַחַת בַּשַּׁבָּת בִּשְׁגָגָה, וְנוֹדַע לוֹ, וְחָזַר וְשָׁכַח וְכָתַב אוֹת שְׁנִיָּה סְמוּכָה לָהּ, בְּהֶעְלֵם שֵׁנִי - פָּטוּר מִקָּרְבַּן חַטָּאת. וְכֵן כָּל כַּיוֹצֵא בְּזֶה.
In a like vein,30 if a person transferred an article two cubits in the public domain on the Sabbath inadvertently,31 transferred it another two cubits in conscious violation of the Sabbath laws and then transferred it two cubits inadvertently, he is liable if he transferred it by throwing it. The rationale is not that his gaining awareness after half the measure is not significant, but rather that, after throwing the article, he is unable to bring it back.32 Therefore the awareness he gained in the interim is of no avail. If he transferred the article by passing it,33 he is exempt, because gaining awareness after half the required measure has been completed is significant.34וְכֵן אִם הוֹצִיא שְׁתֵּי אַמּוֹת בְּשׁוֹגֵג, וּשְׁתֵּי אַמּוֹת בְּמֵזִיד, וּשְׁתֵּי אַמּוֹת בְּשׁוֹגֵג: אִם בִּזְרִיקָה - חַיָּב, לֹא מִפְּנֵי שֶׁאֵין יְדִיעָה לַחֲצִי שִׁעוּר, אֶלָא מִפְּנֵי שֶׁאֵין בְּיָדוֹ לְהַחְזִירָהּ, וּלְפִיכָךְ לֹא הוֹעִילָה לוֹ הַיְּדִיעָה שֶׁבֵּנְתַיִם; וְאִם בְּהַעֲבָרָה - פָּטוּר, שֶׁיֵּשׁ יְדִיעָה לַחֲצִי שִׁעוּר, כְּמוֹ שֶׁבֵּאַרְנוּ.
9The following rules apply when a person ate an olive-sized portion of forbidden fat and then a second olive-sized portion of forbidden fat in one lapse of awareness. If he became aware of the first transgression and then became aware of the second, he must bring two sin-offerings, because the difference in his becoming aware of the transgressions creates a distinction even though he did not set aside a sacrificial animal yet.35טהָאוֹכֵל כַּזַּיִת חֵלֶב וְכַזַּיִת חֵלֶב בְּהֶעְלֵם אֶחָד, וְנוֹדַע לוֹ עַל הָרִאשׁוֹן, וְחָזַר וְנוֹדַע לוֹ עַל הַשֵּׁנִי - מֵבִיא שְׁתֵּי חַטָּאוֹת; שֶׁהַיְּדִיעוֹת מְחַלְּקוֹת, וְאַף עַל פִּי שֶׁעֲדַיִן לֹא הִפְרִישׁ הַקָּרְבָּן.
If, however, he became aware of both of them at the same time, he should bring only one sin-offering.36אֲבָל אִם נוֹדַע לוֹ עַל שְׁנֵיהֶן כְּאֶחָד, מֵבִיא חַטָּאת אַחַת.
Similarly, it appears to me that the law is the same with regard to forbidden sexual relations.37וְכֵן יֵרָאֶה לִי שֶׁהוּא הַדִּין בַּבְּעִילוֹת.
10If one ate an olive-sized portion and a half38 of forbidden fat in a single lapse of awareness, then became aware that he partook of the olive-sized portion and then, partook of another half of an olive-sized portion while he is unaware of partaking of the other half, he is only liable for one sin-offering.39 The rationale is that the second half of an olive-sized portion is not combined with the first half, even though it was eaten during the same lapse of awareness, because he had become aware of part of the transgression performed in the initial lapse of awareness.40יאָכַל כַּזַּיִת וּמֶחְצָה בְּהֶעְלֵם אֶחָד וְנוֹדַע לוֹ עַל כַּזַּיִת, וְחָזַר וְאָכַל חֲצִי זַיִת בְּהֶעְלֵמוֹ שֶׁל שֵּׁנִי - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת; שֶׁאֵין חֲצִי זַיִת הָאַחֲרוֹן מִצְטָרֵף לָרִאשׁוֹן, אַף עַל פִּי שֶׁהוּא בְּהֶעְלֵמוֹ, שֶׁהֲרֵי נוֹדַע לוֹ עַל מִקְצַת הַעְלָמָה רִאשׁוֹנָה.
11A person partook of two olive-sized portions of forbidden fat and then became aware of eating one of them. He then partook of another olive-sized portion while he was unaware of the second transgression and then brought a sin-offering to atone for the first transgression. The first and the second transgressions are atoned for by this sacrifice,41 but not the third. Instead, when he becomes aware of it, he should bring another sin-offering.42יאאָכַל שְׁנֵי זֵיתֵי חֵלֶב בְּהֶעְלֵם אֶחָד, וְנוֹדַע לוֹ עַל אֶחָד מֵהֶן, וְחָזַר וְאָכַל כַּזַּיִת אַחֵר בְּהֶעְלֵמוֹ שֶׁל שֵּׁנִי, וְהֵבִיא חַטָּאת עַל הָרִאשׁוֹן - רִאשׁוֹן וְשֵׁנִי מִתְכַּפְּרִין, אֲבָל שְׁלִישִׁי לֹא נִתְכַּפֵּר; אֶלָא כְּשֶׁיִּוָּדַע לוֹ עָלָיו, יָבִיא חַטָּאת אַחֶרֶת.
If he brought a sin-offering for the third transgression, it secures atonement for the second and the third, because they both were committed during a single lapse of awareness,43 but atonement for the first is not secured by this sacrifice.הֵבִיא חַטָּאת עַל הַשְּׁלִישִׁי - שְׁלִישִׁי וְשֵׁנִי מִתְכַּפְּרִין, שֶׁשְּׁנֵיהֶם בְּהֶעְלֵם אֶחָד; וְרִאשׁוֹן לֹא נִתְכַּפֵּר בְּחַטָּאת זוֹ.
If he brought a sin-offering for the middle transgression,44 atonement is secured for all three. The rationale is that both the first and the third were performed during the same lapse of awareness that involved the second. Hence when he becomes aware of the first and the third transgressions, he does not have to bring an additional sin-offering.הֵבִיא חַטָּאת עַל הָאֶמְצָעִי - שְׁלָשְׁתָּן מִתְכַּפְּרִין, מִפְּנֵי שֶׁהָרִאשׁוֹן וְהַשְּׁלִישִׁי בְּהֶעְלֵמוֹ שֶׁל אֶמְצָעִי; וּכְשֶׁיִּוָּדַע לוֹ עַל הָרִאשׁוֹן וְעַל הַשְּׁלִישִׁי, אֵינוֹ צָרִיךְ לְהָבִיא חַטָּאת אַחֶרֶת.
12A person ate one of two pieces of fat, one, kosher and one, forbidden and he was unsure whether he had eaten the permitted fat or the forbidden fat45 and then he ate another piece in a similar mixture and again he was unsure whether he had eaten the permitted fat or the forbidden fat. If, afterwards, he gained definitive knowledge that he ate forbidden fat on both occasions, he is only liable for one sin-offering. Although the lack of certainty concerning whether or not he transgressed is sufficient to create a distinction with regard to a tentative guilt-offering,46 it is not considered as gaining awareness to require a distinction between the sin-offerings brought for atonement.47יבמִי שֶׁאָכַל חֲתִכָּה מִשְּׁתֵּי חֲתִכּוֹת וְנִסְתַּפֵּק לוֹ אִם אָכַל חֵלֶב אוֹ שֻׁמָּן, וְחָזַר וְאָכַל חֲתִכָּה אַחֶרֶת מִשְּׁתֵּי חֲתִכּוֹת וְנִסְתַּפֵּק לוֹ אִם אָכַל חֵלֶב אוֹ שֻׁמָּן, וְאַחַר כָּךְ נוֹדַע לוֹ בְּוַּדַּאי שֶׁחֵלֶב אָכַל בָּרִאשׁוֹנָה וּבַשְּׁנִיָּה - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת; שֶׁיְּדִיעַת סָפֵק שֶׁהָיְתָה לוֹ בֵּנְתַיִם, אַף עַל פִּי שֶׁמְּחַלֶּקֶת לָאֲשָׁמוֹת, אֵינָהּ מְחַלֶּקֶת לַחַטָּאוֹת.

Shegagot - Chapter 7

1When a person prostrates himself to a false deity, pours a libation1 to it, offers a burnt-offering2 to it, and slaughters an animal as a sacrifice3 to it in one lapse of awareness, he is liable for four sin-offerings.אהַמִּשְׁתַּחֲוֶה לַעֲבוֹדָה זָרָה וְנִסֵּךְ וְקִטֵּר וְזָבַח בְּהֶעְלֵם אֶחָד - חַיָּב אַרְבַּע חַטָּאוֹת.
Similarly, if he defecated to Peor and threw a rock to Mercury4 in one lapse of awareness, he is liable for two sin-offerings.וְכֵן אִם פִּעֵר עַצְמוֹ לִפְעוֹר וְזָרַק אֶבֶן לְמֶרְקֻלִיס בְּהֶעְלֵם אֶחָד - חַיָּב שְׁתַּיִם.
Similar laws apply in all analogous situations. The person will be liable for every act of service performed.וְכֵן כָּל כַּיוֹצֵא בְּזֶה, יְהֵא חַיָּב עַל כָּל עֲבוֹדָה וַעֲבוֹדָה.
When does the above apply? When he consciously desired to serve a false deity, but was unaware that these acts constituted service. If, however, he willfully performed these acts, but inadvertently served a false deity, he is liable for only one sin-offering.בַּמֶּה דְּבָרִים אֲמוּרִים? בְּשֶׁהֵזִיד בַּעֲבוֹדָה זָרָה, וְשָׁגַג בָּעֲבוֹדוֹת אֵלּוּ; אֲבָל אִם הֵזִיד בָּעֲבוֹדוֹת, וְשָׁגַג בַּעֲבוֹדָה זָרָה - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת.
What is implied? He knew that a particular image was a false deity and that it is forbidden to serve it, but did not know that bowing down to it or pouring a libation constituted a transgression and bowed down and poured a libation, he is liable for two sin-offerings.5כֵּיצַד? יָדַע שֶׁזּוֹ עֲבוֹדָה זָרָה וְשֶׁאָסוּר לְעָבְדָהּ, אֲבָל לֹא יָדַע שֶׁהַהִשְׁתַּחֲוָיָה וְהַנִּסּוּךְ עֲבוֹדָה, וְהִשְׁתַּחֲוָה וְנִסֵּךְ - חַיָּב שְׁתַּיִם.
If, however, he knew that these were ways in which false deities were served and that it is forbidden to perform these acts in service of a false deity, but did not know that a particular image was considered a false deity, because it was not made of gold or silver and he was under the mistaken impression that only images of gold and silver were considered as false deities6 and hence, performed all these acts of service to it, he is liable for only one sin-offering.7יָדַע שֶׁאֵלּוּ עֲבוֹדוֹת הֵן וְאָסוּר לַעֲבֹד בָּהֶן לְאֵל אַחֵר, וְלֹא יָדַע שֶׁזּוֹ עֲבוֹדָה זָרָה, לְפִי שֶׁלֹּא הָיְתָה שֶׁל כֶסֶף וְשֶׁל זָהָב, וְעָלָה עַל דַּעְתּוֹ שֶׁאֵין קְרוּיִין עֲבוֹדָה זָרָה אֶלָא שֶׁל כֶסֶף וְזָהָב, וַעֲבָדָהּ בְּכָל הָעֲבוֹדוֹת - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת.
2A great general principle was stated with regard to the violation of the Sabbath prohibitions: Anyone who forgets the fundamental principle of the Sabbath, failing to recall that the Jews were commanded to observe the Sabbath or was captured and taken among gentiles while a child or converted in his childhood8 and remained living among gentiles,9 is liable for only one sin-offering even though he performed many forbidden labors on many different Sabbaths,10 for it is all one lapse of awareness.בכְּלָל גָּדוֹל אָמְרוּ בַּשַּׁבָּת: כָּל הַשּׁוֹכֵחַ עִיקַר שַׁבָּת, וְשָׁכַח שֶׁנִּצְטַוּוּ יִשְׂרָאֵל עַל הַשַּׁבָּת, אוֹ שֶׁנִּשְׁבָּה וְהוּא קָטָן לְבֵין הַגּוֹיִים, אוֹ נִתְגַּיֵּר קָטָן וְהוּא בֵּין הַגּוֹיִים, אַף עַל פִּי שֶׁעָשָׂה מְלָאכוֹת הַרְבֵּה בְּשַׁבָּתוֹת הַרְבֵּה - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת, שֶׁהַכֹּל שְׁגָגָה אַחַת הִיא.
Similarly, he is liable for one sin-offering for all the forbidden fat that he ate, one sin-offering for all the blood that he ate. Similar laws apply to all analogous situations regarding these sins.11וְכֵן חַיָּב חַטָּאת אַחַת עַל כָּל חֵלֶב שֶׁאָכַל, וְחַטָּאת אַחַת עַל כָּל דָּם שֶׁאָכַל. וְכֵן כָּל כַּיוֹצֵא בָּעֲבֵרוֹת אֵלּוּ.
Whenever one knows the fundamental principle of the Sabbath, but forgot that a given day was the Sabbath and thought it was an ordinary day, he is liable for only one sin-offering for the entire day, even though he performed many forbidden labors on it. Similarly, he is liable for a sin-offering for every Sabbath that he inadvertently desecrated.12וְכָל הַיּוֹדֵעַ עִיקַר שַׁבָּת, אֲבָל שָׁכַח שֶׁהַיּוֹם שַׁבָּת, וְדִמָּה שֶׁהוּא חֹל, אַף עַל פִּי שֶׁעָשָׂה בּוֹ מְלָאכוֹת הַרְבֵּה - חַיָּב חַטָּאת אַחַת עַל הַיּוֹם כֻּלּוֹ, וְכֵן חַטָּאת עַל כָּל שַׁבָּת וְשַׁבָּת שֶׁשָּׁגַג בּוֹ.
3Anyone who knows that a given day is the Sabbath, but inadvertently performed forbidden labors without knowing that these labors are forbidden or knew that they were forbidden, but did not know that one was liable for karet for their violation,13 is liable for a sin-offering for every general category14 of forbidden labor.15גוְכָל הַיּוֹדֵעַ שֶׁהַיּוֹם שַׁבָּת, וְשָׁגַג בַּמְּלָאכוֹת וְלֹא יָדַע שֶׁמְּלָאכוֹת אֵלּוּ אֲסוּרוֹת, אוֹ שֶׁיָּדַע שֶׁהֵן אֲסוּרוֹת וְלֹא יָדַע שֶׁחַיָּבִין עֲלֵיהֶן כָּרֵת, וְעָשָׂה מְלָאכוֹת הַרְבֵּה - חַיָּב חַטָּאת עַל כָּל אָב מְלָאכָה וּמְלָאכָה.
Even if he performed all 3916 forbidden labors in one lapse of awareness, he must bring 39 sin-offerings.אַפִלּוּ עָשָׂה הָאַרְבָּעִים חָסֵר אַחַת בְּהֶעְלֵם אֶחָד, מֵבִיא תֵּשַׁע וּשְׁלוֹשִׁים חַטָּאוֹת.
4If he forgot that the day is the Sabbath and also forgot that these labors were forbidden, he is only liable for one sin-offering.17דשָׁכַח שֶׁהַיּוֹם שַׁבָּת, וְשָׁגַג אַף בַּמְּלָאכוֹת וְלֹא יָדַע שֶׁמְּלָאכוֹת אֵלּוּ אֲסוּרוֹת - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת.
5When a person performs an action that is the primary forbidden activity of a particular category of labor and also a derivative in one lapse of awareness, he is only liable for one sin-offering.18 Needless to say, if he performs many derivatives of one category of forbidden labor, he is only liable for one sin-offering.19ההָעוֹשֶׂה אָב וְתוֹלְדוֹתָיו בְּהֶעְלֵם אֶחָד - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת; וְאֵין צָרִיךְ לוֹמַר הָעוֹשֶׂה תּוֹלָדוֹת הַרְבֵּה שֶׁל אָב אֶחָד, שֶׁאֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת.
6If he performs derivatives of one category of forbidden labor and derivatives of another category of forbidden labor in one lapse of awareness, it appears to me that he is liable for two sin-offerings.20ועָשָׂה תּוֹלָדָה שֶׁל אָב זֶה וְתוֹלָדָה שֶׁל אָב זֶה בְּהֶעְלֵם אֶחָד - יֵרָאֶה לִי, שֶׁהוּא חַיָּב שְׁתֵּי חַטָּאוֹת.
7If he performs several activities comprising a single category of forbidden labor21 in one lapse of awareness, e.g., he sowed, extended a vine by replanting one of its branches),22 grafted a branch onto a tree,23 he is liable for only one sin-offering.זעָשָׂה מְלָאכוֹת הַרְבֵּה מֵעֵין מְלָאכָה אַחַת, כְּגוֹן שֶׁזָּרַע וְנָטַע וְהִבְרִיךְ וְהִרְכִּיב, בְּהֶעְלֵם אֶחָד - אֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת.
In Hilchot Shabbat,24 it has already been explained which activities are primary labors, which are derivatives, and which activities comprise a single category of forbidden labor.וּכְבָר נִתְבָּאֵר בְּהִלְכוֹת שַׁבָּת, הָאָבוֹת וְהַתּוֹלָדוֹת וּמְלָאכוֹת שֶׁהֵן מֵעֵין הָאָבוֹת.
8When a person performs activities comprising a single category of forbidden labor on many Sabbaths, whether he was aware that it was the Sabbath, but unaware that he was performing forbidden labors25 or he was unaware that it was the Sabbath, but aware that the labor he performed is forbidden on the Sabbath, he is liable for a sin-offering for every forbidden labor he performs.26חעָשָּׂה מְלָאכוֹת הַרְבֵּה מֵעֵין מְלָאכָה אַחַת בְּשַׁבָּתוֹת הַרְבֵּה - בֵּין בִּזְדוֹן שַׁבָּת וְשִׁגְגַת מְלָאכוֹת, בֵּין בְּשִׁגְגַת שַׁבָּת וּזְדוֹן מְלָאכוֹת - חַיָּב עַל כָּל מְלָאכָה וּמְלָאכָה.
What is implied? He knew that it was the Sabbath and sowed on that day, because he did not know that sowing constituted forbidden labor. Similarly, on the following Sabbath, he knew that it was the Sabbath and planted because he did not know that planting constituted forbidden labor. Similarly, on the third Sabbath, he extended a vine, because he did not know that extending constituted forbidden labor, he is liable for a sin-offering for each one, even though they all comprise a single category of forbidden labor, because the different Sabbaths are considered like different bodies.27כֵּיצַד? יָדַע שֶׁהַיּוֹם שַׁבָּת, וְזָרַע בּוֹ מִפְּנֵי שֶׁלֹּא יָדַע שֶׁהַזְּרִיעָה מְלָאכָה, וְכֵן בְּשַׁבָּת שְׁנִיָּה יָדַע שֶׁהִיא שַׁבָּת, וְנָטַע בָּהּ מִפְּנֵי שֶׁלֹּא יָדַע שֶׁהַנְּטִיעָה אֲסוּרָה מִשּׁוּם מְלָאכָה, וְכֵן בְּשַׁבָּת שְׁלִישִׁית הִבְרִיךְ מִפְּנֵי שֶׁלֹּא יָדַע שֶׁהַהַבְרָכָה מְלָאכָה - חַיָּב עַל כָּל אַחַת וְאַחַת, אַף עַל פִּי שֶׁהֵן מֵעֵין מְלָאכָה אַחַת, מִפְּנֵי שֶׁהַשַּׁבָּתוֹת כְּגוּפִין מֻחְלָקִין הֵן.
9When a person was unaware that it was the Sabbath and sowed upon it, although he knew that sowing is a forbidden labor, on the following Sabbath, he forgot that it was Sabbath and planted, although he knew that planting is a forbidden labor, and on the third Sabbath, he forgot that it was Sabbath and extended, although he knew that extending is a forbidden labor, he is liable for a sin-offering for every Sabbath.28 The rationale is that the days between each Sabbath are considered equivalent to gaining awareness of one’s transgression and create a distinction.טשָׁגַג שֶׁהַיּוֹם שַׁבָּת וְזָרַע בּוֹ, וְהוּא יוֹדֵעַ שֶׁהַזְּרִיעָה מְלָאכָה, וְכֵן בְּשַׁבָּת שְׁנִיָּה שָׁכַח שֶׁהִיא שַׁבָּת וְנָטַע בָּהּ, וְהוּא יוֹדֵעַ שֶׁהַנְּטִיעָה מְלָאכָה, וְכֵן בַּשְּׁלִישִׁית שָׁכַח שֶׁהִיא שַׁבָּת וְהִבְרִיךְ, אַף עַל פִּי שֶׁיּוֹדֵעַ שֶׁהַהַבְרָכָה מְלָאכָה - הֲרֵי זֶה חַיָּב עַל כָּל אַחַת וְאַחַת; שֶׁהַיָּמִים שֶׁבֵּין שַׁבָּת לְשַׁבָּת הֲרֵי הֵן כִּידִיעָה לְחַלֵּק.
10When a person harvested and ground a dried-fig-sized measure of grain29 without being aware that it is Sabbath, but knowing that these labors are forbidden on the Sabbath, he is only liable for one sin-offering.30 Afterwards, he harvested and ground a dried-fig-sized measure of grain while aware that it is the Sabbath, but forgetting that these labors were forbidden, in which instance, he is liable for a sin-offering for every forbidden labor. He then became aware of the harvesting performed without being aware that it is Sabbath, but knowing that these labors are forbidden on the Sabbath.31 In such an instance, the one act of harvesting draws the other after it and the one act of grinding draws the other after it.32ימִי שֶׁקָּצַר וְטָחַן כִּגְרֹגֶּרֶת בְּשִׁגְגַת שַׁבָּת וּזְדוֹן מְלָאכוֹת, שֶׁאֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת, וְחָזַר וְקָצַר וְטָחַן כִּגְרֹגֶּרֶת בִּזְדוֹן שַׁבָּת וְשִׁגְגַת מְלָאכוֹת, שֶׁהוּא חַיָּב עַל כָּל מְלָאכָה וּמְלָאכָה, וְנוֹדַע לוֹ עַל קְצִירָה שֶׁל שִׁגְגַת שַׁבָּת וּזְדוֹן מְלָאכוֹת - קְצִירָה גּוֹרֶרֶת קְצִירָה, וּטְחִינָה גּוֹרֶרֶת טְחִינָה.
Thus it is as if he performed all four acts without being aware that it is Sabbath, but knowing that these labors are forbidden on the Sabbath, in which instance he is liable for only one sin-offering.33וּכְאִלּוּ עָשָׂה אַרְבַּעְתָּן בְּשִׁגְגַת שַׁבָּת וּזְדוֹן מְלָאכוֹת, שֶׁאֵינוֹ חַיָּב אֶלָא חַטָּאת אַחַת.
After he brings that sin-offering, he has secured atonement for all the other forbidden labors he performed. When he later becomes aware of them, he does not have to bring another sin-offering.וְכֵיוָן שֶׁהִקְרִיב חַטָּאת זוֹ, נִתְכַּפֵּר לוֹ עַל הַכֹּל. וּכְשֶׁיֵּדָעֵם אַחַר כֵּן, אֵינוֹ צָרִיךְ לְהָבִיא חַטָּאת אַחֶרֶת.
If, however, he first becomes conscious of the harvesting performed while aware that it is the Sabbath, but forgetting that these labors were forbidden, and brings a sin-offering, he receives atonement for the harvesting that he became aware of and on the harvesting and grinding performed without being aware that it is Sabbath, but knowing that these labors are forbidden, because the two34 are considered as one labor and the harvesting and grinding are drawn after the harvesting performed when he was aware that it was the Sabbath.35 Thus there remains without atonement, only the grinding performed when he was aware that it was the Sabbath until he becomes aware of it and brings a second sin-offering.אֲבָל אִם נוֹדַע לוֹ תְּחִלָּה עַל קְצִירָה שֶׁל זְדוֹן שַׁבָּת וְשִׁגְגַת מְלָאכוֹת, וְהִקְרִיב חַטָּאת - נִתְכַּפֵּר לוֹ עַל זוֹ הַקְּצִירָה שֶׁנּוֹדַע לוֹ עָלֶיהָ, וְעַל הַקְּצִירָה וְהַטְּחִינָה שֶׁל שִׁגְגַת שַׁבָּת וּזְדוֹן מְלָאכוֹת; מִפְּנֵי שֶׁשְּׁנֵיהֶן כִּמְלָאכָה אַחַת, וְנִגְרְרָה קְצִירָה וּטְחִינָה עִם הַקְּצִירָה, וְתִשָּׁאֵר הַטְּחִינָה שֶׁל זְדוֹן שַׁבָּת עַד שֶׁיִּוָּדַע לוֹ עָלֶיהָ וְיָבִיא חַטָּאת שְׁנִיָּה.
If a person harvested half a dried-fig-sized measure without being aware that it is Sabbath, but knowing that this labor is forbidden and then harvested half a dried-fig-sized measure while aware that it is Sabbath, but not aware that this labor is forbidden, these two activities are combined.36 One harvesting draws the other after it. Similar laws apply in all analogous situations with regard to the other forbidden labors.קָצַר כַּחֲצִי גְּרֹגֶּרֶת בְּשִׁגְגַת שַׁבָּת וּזְדוֹן מְלָאכוֹת, וְחָזַר וְקָצַר כַּחֲצִי גְּרֹגֶּרֶת בִּזְדוֹן שַׁבָּת וְשִׁגְגַת מְלָאכוֹת - הֲרֵי אֵלּוּ מִצְטָרְפִין; קְצִירָה גּוֹרֶרֶת קְצִירָה. וְכֵן כָּל כַּיוֹצֵא בְּזֶה בִּשְׁאָר מְלָאכּוֹת.
11When, on the Sabbath, a person had the intent to cut an object that was already severed from the ground,37 but instead, cut an object that was connected to the ground,38 even though he had the intent to cut, since his desired intent was not fulfilled, he is exempt from a sin-offering. He is considered as one who is merely busying himself and the Torah forbade only purposeful labor, as we explained several times.39יאהַמִּתְכַּוֵּן לַחְתֹּךְ אֶת הַתָּלוּשׁ וְחָתַךְ אֶת הַמְּחֻבָּר, אַף עַל פִּי שֶׁנִּתְכַּוֵּן לַחֲתִיכָה, הוֹאִיל וְלֹא עָשָׂה מַחֲשַׁבְתּוֹ - פָּטוּר מִן הַחַטָּאת; שֶׁזֶּה כְּמִתְעַסֵּק, וְלֹא אָסְרָה תּוֹרָה אֶלָא מְלֶאכֶת מַחֲשֶׁבֶת, כְּמוֹ שֶׁבֵּאַרְנוּ כַּמָּה פְּעָמִים.
12The following rule applies when a person stirs coals on the Sabbath, in which instance, he extinguishes the upper ones and ignites the lower ones. If he intended to extinguish and ignite, he is liable for two sin-offerings.יבהַחוֹתֶה גֶּחָלִים בַּשַּׁבָּת, שֶׁהוּא מְכַבֶּה אֶת הָעֶלְיוֹנוֹת וּמַדְלִיק אֶת הַתַּחְתּוֹנוֹת, אִם נִתְכַּוֵּן לְכַבּוֹת וּלְהַבְעִיר - חַיָּב שְׁתַּיִם.
If he stirred the coals to become warm and they were ignited on their own, he is liable,40 because one is liable for performing a forbidden labor even if he has no need for the actual labor he performed, as explained in Hilchot Shabbat.41חָתָה גֶּחָלִים לְהִתְחַמֵּם מֵהֶן וְהֻבְעֲרוּ מֵאֵלֵיהֶן - חַיָּב; מִפְּנֵי שֶׁמְּלָאכָה שֶׁאֵינָהּ צְרִיכָה לְגוּפָהּ חַיָּב עָלֶיהָ, כְּמוֹ שֶׁבֵּאַרְנוּ בְּהִלְכוֹת שַׁבָּת.
Just as he is liable for karet for the intentional performance of forbidden labor, he is liable for a sin-offering for unintentional violation.וּכְשֵׁם שֶׁחַיָּב עַל זְדוֹנָהּ כָּרֵת, כָּךְ חַיָּב עַל שִׁגְגָתָהּ קָרְבַּן חַטָּאת.

Shegagot - Chapter 8

1Every transgression for which one is liable for a fixed1 sin-offering2 if he transgressed inadvertently carries liability for a provisional guilt-offering if he is unsure whether he violated it.3אכָּל חֵטְא שֶׁחַיָּבִין עַל שִׁגְגָתוֹ חַטָּאת קְבוּעָה, חַיָּבִין עַל לֹא הוֹדַע שֶׁלּוֹ אָשָׁם תָּלוּי.
What does being unsure mean? If a person is in doubt whether he inadvertently violated this transgression or not, he is obligated to bring a guilt-offering, as Leviticus 5:17-18 states: “If he was unaware and became guilty, he shall bear his iniquity. He shall bring an unblemished ram from sheep, of the given value, as a guilt-offering.”וּמַהוּ לֹא הוֹדַע? אִם נִסְתַּפֵּק לוֹ אִם שָׁגַג בְּדָבָר זֶה אוֹ לֹא שָׁגַג - הֲרֵי זֶה מְצֻוֶּה לְהַקְרִיב אָשָׁם, שֶׁנֶּאֱמַר "וְלֹא יָדַע וְאָשֵׁם וְנָשָׂא עֲוֹנוֹ וְהֵבִיא אַיִל תָּמִים מִן הַצֹּאן בְּעֶרְכְּךָ לְאָשָׁם" (ויקרא ה, יז-יח).
This is referred to as a provisional guilt-offering, for it brings atonement when the person is in doubt, tentatively,4 until he knows with certainty that he sinned inadvertently, at which time, he brings a sin-offering.וְזֶהוּ הַנִּקְרָא 'אָשָׁם תָּלוּי' - מִפְּנֵי שֶׁהוּא מְכַפֵּר עַל הַסָּפֵק, וְתוֹלֶה לוֹ, עַד שֶׁיִּוָּדַע לוֹ בְּוַּדַּאי שֶׁחָטָא בִּשְׁגָגָה וְיַקְרִיב חַטָּאתוֹ.
2A person is not liable for a provisional guilt-offering unless there is a prohibition that is established.באֵינוֹ חַיָּב בְּאָשָׁם תָּלוּי עַד שֶׁיִּהְיֶה שָׁם אִסוּר קָבוּעַ.
What is implied? A person partook of forbidden fat, but was in doubt whether there was an olive-sized portion5 or not.6 There was a piece of forbidden fat and a piece of permitted fat before a person and he partook of one of them, but he did not know which one he ate.7 His wife8 and his sister9 were with him at home. He was intimate with one of them, but did not know with whom. Both the Sabbath and a weekday passed10 and he performed a forbidden labor on one of them, but did not know the day on which he acted. He performed a deed on the Sabbath,11 but did not know whether it falls into a category of forbidden labor. In all these and similar instances, he should bring a provisional guilt-offering.כֵּיצַד? אָכַל חֵלֶב, וְסָפֵק אִם הָיָה כַּזַּיִת אוֹ פָּחוֹת מִכַּזַּיִת; אוֹ שֶׁהָיְתָה לְפָנָיו חֲתִכַת חֵלֶב וַחֲתִכַת שֻׁמָּן, וְאָכַל אַחַת מֵהֶן וְאֵין יָדוּעַ אֵי זֶה מֵהֶן אָכַל; אִשְׁתּוֹ וַאֲחוֹתוֹ עִמּוֹ בַּבַּיִת, בָּעַל אַחַת מֵהֶן וְאֵין יָדוּעַ אֵי זוֹ מֵהֶן בָּעַל; שַׁבָּת וְיוֹם חֹל, עָשָׂה מְלָאכָה בְּאֶחָד מֵהֶן וְאֵין יָדוּעַ בְּאֵי זֶה יוֹם עָשָׂה; אוֹ שֶׁעָשָׂה מַעֲשֶׂה בַּשַּׁבָּת, וְלֹא יָדַע מֵעֵין אֵיזוֹ מְלָאכָה עָשָׂה - הֲרֵי זֶה מֵבִיא אָשָׁם תָּלוּי. וְכֵן כָּל כַּיוֹצֵא בְּזֶה.
If, however, a prohibition has not definitely been established, he is not liable for a provisional guilt-offering. Thus if there was one piece of fat before a person and he was unsure whether it was permitted or forbidden and he partook of it, he is exempt, for there is no established prohibition. Similarly, one who partakes of the fat of a ko’i12 is exempt from a provisional guilt-offering, for there is not an established prohibition.13 Similarly, when a man is intimate with a woman who is unsure whether or not she is in the niddah state or it is unknown whether she is an ervah due to family connections,14 he is exempt from a provisional guilt-offering.אֲבָל אִם הָיְתָה לְפָנָיו חֲתִכָּה אַחַת, סָפֵק שֶׁהִיא חֵלֶב סָפֵק שֶׁהִיא אַלְיָה, וַאֲכָלָהּ - פָּטוּר, שֶׁהֲרֵי אֵין כָּאן אִסּוּר קָבוּעַ. וְכֵן הָאוֹכֵל חֵלֶב הַכּוֹי - פָּטוּר מֵאָשָׁם תָּלוּי, שֶׁאֵין כָּאן אִסּוּר קָבוּעַ. וְכֵן הַבָּא עַל אִשָּׁה שֶׁהִיא סָפֵק נִדָּה, אוֹ סָפֵק עֶרְוָה שֶׁל קֵרוּב בָּשָׂר - פָּטוּר מֵאָשָׁם תָּלוּי.
Therefore a man who is intimate with a woman is exempt from this sacrifice if: a) she finds blood on the examination cloth she uses after time has transpired),15 or b) he married his yevamah16 within three months of his brother’s death17 and she gave birth18 and it is not known whether the child was conceived by her first husband and was born after a nine-month pregnancy or he was conceived by her second husband and was born after a seven-month pregnancy.19לְפִיכָךְ הָאִשָּׁה שֶׁנִּמְצָא דָּם עַל עֵד שֶׁלָּהּ לְאַחַר זְמַן, וְהַנּוֹשֵׂא יְבִמְתּוֹ בְּתוֹךְ שְׁלוֹשָׁה חֳדָשִׁים וְיָלְדָה וְאֵין יָדוּעַ אִם בֶּן תִּשְׁעָה לָרִאשׁוֹן אוֹ בֶּן שִׁבְעָה לָאַחֲרוֹן - הֲרֵי אֵלּוּ פְּטוּרִין מִן הַקָּרְבָּן.
Similar laws apply in all analogous situations, for there is no established prohibition.וְכֵן כָּל כַּיוֹצֵא בְּאֵלּוּ, שֶׁהֲרֵי אֵין שָׁם אִסּוּר קָבוּעַ.
3An individual can be required to bring a provisional guilt-offering in the following circumstances: a) he who ate a piece of fat and one witness states: “What you ate was forbidden fat,” while the other states;20 “You did not partake of forbidden fat; b) a woman21 said that he partook of forbidden fat and another woman said that he did not.22 Since he does not know23 whether he partook of the forbidden fat or not and the existence of the prohibited substance has been established,24 he is obligated to bring a provisional guilt- offering.גהָאוֹכֵל חֲתִכָּה, וְעֵד אֶחָד אוֹמֵר לוֹ 'זֶה שֶׁאָכַלְתָּ חֵלֶב הָיָה', וְעֵד אֶחָד אוֹמֵר 'לֹא אָכַלְתָּ חֵלֶב', אִשָּׁה אוֹמֶרֶת 'אָכַל', וְאִשָּׁה אוֹמֶרֶת 'לֹא אָכַל', הוֹאִיל וְנִקְבַּע הָאִסּוּר, וְהוּא אֵינוֹ יוֹדֵעַ אִם חָטָא אוֹ לֹא חָטָא - הֲרֵי זֶה מֵבִיא אָשָׁם תָּלוּי.
Similarly, if one was intimate with a married woman25 about whom one witness states: “Her husband died,” but another states: “He did not die,”26 he is obligated to bring a provisional guilt-offering.27וְכֵן כָּל הַבָּא עַל אֵשֶׁת אִישׁ שֶׁעֵד אֶחָד אוֹמֵר 'מֵת בַּעְלָהּ', וְאֶחָד אוֹמֵר 'לֹא מֵת' - חַיָּבִין בְּאָשָׁם תָּלוּי.
This law also applies when there is a question if a woman is divorced, for the prohibition was established.28 If, however, there is a doubt whether or not a woman was consecrated, one who is intimate with her is not liable, because the prohibition has not been established.29וְהוּא הַדִּין לִסְפֵק מְגֹרֶשֶׁת, שֶׁהֲרֵי נִקְבַּע הָאִסּוּר; אֲבָל סְפֵק מְקֻדֶּשֶׁת, לֹא נִקְבַּע הָאִסּוּר.
4A person is liable for a provisional guilt-offering in the following situations: There were two pieces of fat before him: one forbidden and one permitted. He ate one inadvertently and a gentile or a dog came and ate the second. The gentile or the dog ate the first and a Jew ate the second.30 One ate the first intentionally31 and the second, inadvertently,32 or he ate the first inadvertently and the second, intentionally. In all these situations, he is liable, because the existence of a prohibited substance had been established.דמִי שֶׁהָיוּ לְפָנָיו שְׁתֵּי חֲתִכּוֹת, אַחַת שֶׁל חֵלֶב וְאַחַת שֶׁל שֻׁמָּן, וְאָכַל אַחַת מֵהֶן, וּבָא גּוֹי אוֹ כֶּלֶב וְאָכַל אֶת הַשְּׁנִיָּה, אוֹ שֶׁאָכַל גּוֹי אוֹ כֶּלֶב אֶת הָרִאשׁוֹנָה, וּבָא יִשְׂרָאֵל וְאָכַל אֶת הַשְּׁנִיָּה, אוֹ שֶׁאָכַל רִאשׁוֹנָה בְּזָדוֹן וּשְׁנִיָּה בִּשְׁגָגָה, אוֹ שֶׁאָכַל רִאשׁוֹנָה בִּשְׁגָגָה וּשְׁנִיָּה בְּזָדוֹן - הֲרֵי זֶה חַיָּב בְּאָשָׁם תָּלוּי, הוֹאִיל וְהָיָה שָׁם אִסּוּר קָבוּעַ.
If, however, he partook of both of them intentionally, he is exempt from bringing a sacrifice. And if he ate them both inadvertently, he must bring a sin-offering.33אָכַל שְׁתֵּיהֶן בְּזָדוֹן, פָּטוּר מִקָּרְבָּן; אָכַל שְׁתֵּיהֶן בִּשְׁגָגָה, מֵבִיא חַטָּאת.
If he ate the first inadvertently and another person came and ate the second inadvertently, they are both obligated to bring a provisional guilt-offering.34 Similar laws apply in all analogous situations.אָכַל אֶת הָרִאשׁוֹנָה בִּשְׁגָגָה, וּבָא אַחֵר וְאָכַל אֶת הַשְּׁנִיָּה בִּשְׁגָגָה - שְׁנֵיהֶן חַיָּבִין בְּאָשָׁם תָּלוּי. וְכֵן כָּל כַּיוֹצֵא בְּזֶה.
5A transgressor is exempt from bringing a sacrifice in the following situations. There was a piece of forbidden fat and piece of notar35 before him. He ate one of them inadvertently, but did not know which one he ate. His wife who was in the niddah state and his sister were at home with him. He was intimate with one of them inadvertently, but did not know which one. The Sabbath and Yom Kippur followed directly after each other, he performed a forbidden labor in the twilight between them.36החֵלֶב וְנוֹתָר לְפָנָיו, אָכַל אֶחָד מֵהֶן וְאֵין יָדוּעַ אֵי זוֹ מֵהֶן אָכַל; אִשְׁתּוֹ נִדָּה וַאֲחוֹתוֹ עִמּוֹ בַּבַּיִת, וְשָׁגַג בְּאַחַת מֵהֶן וְאֵין יָדוּעַ אֵי זוֹ בָּעַל; שַׁבָּת וְיוֹם הַכִּפּוּרִים, וְעָשָׂה מְלָאכָה בֵּין הַשְּׁמָשׁוֹת שֶׁבֵּינֵיהֶן - הֲרֵי זֶה פָּטוּר מִקָּרְבָּן.
He does not bring a sin-offering, because he does not know which transgression he performed, as we explained.37 Nor does he bring a provisional guilt-offering, because he knows with certainty that he transgressed.אֵינוֹ מֵבִיא חַטָּאת, שֶׁהֲרֵי אֵינוֹ יוֹדֵעַ עַצְמוֹ שֶׁל חֵטְא כְּמוֹ שֶׁבֵּאַרְנוּ, וְאֵינוֹ מֵבִיא אָשָׁם תָּלוּי, שֶׁהֲרֵי יָדַע בְּוַּדַּאי שֶׁחָטָא.
6Whenever a person performs a deed that obligates him for one fixed sin-offering when he knows with certainty that he transgressed, he is liable for a provisional guilt-offering if he is unsure whether he transgressed.38וכָּל דָּבָר שֶׁחַיָּבִין עַל וַדָּאוֹ חַטָּאת אַחַת קְבוּעָה, חַיָּבִין עַל לֹא הוֹדַע שֶׁלּוֹ אָשָׁם תָּלוּי אֶחָד.
Whenever a person performs a deed that obligates him for many fixed sin-offerings when he knows with certainty that he transgressed, he is liable for many provisional guilt-offerings, matching the number of sin-offerings, if he is unsure whether he transgressed.וְכָל דָּבָר שֶׁחַיָּבִין עַל וַדָּאוֹ חַטָּאוֹת הַרְבֵּה, חַיָּבִין עַל לֹא הוֹדַע שֶׁלּוֹ אֲשָׁמוֹת תְּלוּיִין הַרְבֵּה, כְּמִנְיַן הַחַטָּאוֹת.
What is implied? Just as a person who ate forbidden fat, blood, notar, and piggul39 in one lapse of awareness is liable for four sin-offerings,40 so, too, if he is uncertain whether he partook of them or not, he must bring four provisional guilt-offerings.כֵּיצַד? כְּשֵׁם שֶׁאִם אָכַל חֵלֶב וְדָם וְנוֹתָר וּפִגּוּל בְּהֶעְלֵם אַחַת, חַיָּב אַרְבַּע חַטָּאוֹת - כָּךְ אִם נִסְתַּפֵּק לוֹ אִם אֲכָלָן, אוֹ לֹא אָכַל אֶלָא חֲתִכּוֹת שֶׁל הֶתֵּר שֶׁהָיוּ עִמָּהֶם - מֵבִיא אַרְבָּעָה אֲשָׁמוֹת תְּלוּיִין.
Similarly, if he is unsure if the woman with whom he was intimate is his wife or so-and-so, i.e., another woman who is forbidden to him as an ervah and for whom he would be liable eight sin-offerings if he was intimate with her,41 he must bring eight provisional guilt-offerings.וְכֵן אִם נִסְתַּפֵּק לוֹ אִם הָאִשָּׁה שֶׁבָּא עָלֶיהָ אִשְׁתּוֹ, אוֹ פְּלוֹנִית הָעֶרְוָה שֶׁהָיְתָה עִמָּהּ שֶׁחַיָּב עָלֶיהָ שְׁמוֹנֶה חַטָּאוֹת - הֲרֵי זֶה מֵבִיא שְׁמוֹנָה אֲשָׁמוֹת תְּלוּיִין.
7When a person ate one of two pieces of fat and he was unsure whether he ate forbidden fat or permitted fat, and after that doubt arose in his mind, he ate another one of two pieces of fat and he was unsure whether he ate forbidden fat or permitted fat, he must bring two provisional guilt-offerings.42זהָאוֹכֵל חֲתִכָּה מִשְּׁתֵּי חֲתִכּוֹת, וְנִסְתַּפֵּק לוֹ אִם שֶׁל חֵלֶב אָכַל אוֹ שֶׁל שֻׁמָּן אָכַל, וְאַחַר שֶׁנּוֹלַּד לוֹ הַסָּפֵק אָכַל חֲתִכָּה מִשְּׁתֵּי חֲתִכּוֹת אֲחֵרוֹת, וְנִסְתַּפֵּק לוֹ אִם שֶׁל חֵלֶב אָכַל אוֹ שֶׁל שֻׁמָּן - הֲרֵי זֶה מֵבִיא שְׁנֵי אֲשָׁמוֹת תְּלוּיִין.
8Just as the definitive knowledge that one transgressed creates a distinction with regard to sin-offerings,43 so too, the awareness that one possibly transgressed creates a distinction with regard to provisional guilt-offerings.חכְּשֵׁם שֶׁיְּדִיעַת וַדַּאי בֵּנְתַיִם מְחַלֶּקֶת לַחַטָּאוֹת, כָּךְ יְדִיעַת סָפֵק בֵּנְתַיִם מְחַלֶּקֶת לָאֲשָׁמוֹת.
Therefore if one partook of five olive-sized portions of forbidden fat in one lapse of awareness and then became aware of the possibility that he sinned with regard to one of them and later, became aware of the possibility that he sinned with regard to a second one, and then with regard to the subsequent ones, he is liable for a provisional guilt-offering for each one.לְפִיכָךְ אִם אָכַל חֲמִשָּׁה זֵיתֵי חֵלֶב בְּהֶעְלֵם אֶחָד, וְנוֹדַע לוֹ יְדִיעַת סָפֵק עַל אֶחָד מֵהֶם, וְחָזַר וְנוֹדַע לוֹ יְדִיעַת סָפֵק אַחֶרֶת עַל הַשֵּׁנִי, וְכֵן עַל כָּל אֶחָד וְאֶחָד - חַיָּב אָשָׁם תָּלוּי עַל כָּל אֶחָד וְאֶחָד.
9When there is a piece of permitted fat and a piece of forbidden fat and a person ate one of them without knowing which and thus brought a provisional guilt-offering and then partook of the second piece of fat, he must bring a sin-offering.44טחֲתִכָּה שֶׁל שֻׁמָּן וַחֲתִכָּה שֶׁל חֵלֶב, אָכַל אַחַת מֵהֶן וְאֵין יָדוּעַ אֵיזוֹ הִיא, וְהֵבִיא אָשָׁם תָּלוּי, וְחָזַר וְאָכַל אֶת הַשְּׁנִיָּה - מֵבִיא חַטָּאת.
If another person partook of the second piece, that second person must bring a provisional guilt-offering, as stated.45וְכֵן אִם אָכַל אַחֵר אֶת הַשְּׁנִיָּה - מֵבִיא הָאַחֵר אָשָׁם תָּלוּי, כְּמוֹ שֶׁאָמַרְנוּ.
10When there is a piece of forbidden fat and a piece of forbidden fat that is notar and a person ate one of them without knowing which one, he must bring a sin-offering to atone for partaking of forbidden fat and a provisional guilt-offering because of the possibility that he partook of notar.46יחֲתִכָּה שֶׁל חֵלֶב וַחֲתִכָּה שֶׁל חֵלֶב נוֹתָר, אָכַל אֶת אַחַת מֵהֶן וְאֵין יָדוּעַ אֵיזוֹ הִיא - מֵבִיא חַטָּאת עַל הַחֵלֶב, וְאָשָׁם תָּלוּי מִשּׁוּם נוֹתָר.
If he ate the second piece in a second lapse of awareness, he must bring three sin-offerings.47 If the piece of notar was worth a p’rutah, he must also bring a definitive guilt-offering because of the misappropriation of consecrated articles.48אָכַל אֶת הַשְּׁנִיָּה בְּהֶעְלֵם שֵׁנִי - מֵבִיא שָׁלוֹשׁ חַטָּאוֹת; וְאִם הָיָה בָּהּ שָׁוֶה פְּרוּטָה, מֵבִיא אָשָׁם וַדַּאי מִשּׁוּם מְעִילָה.
If he ate one of the two pieces and another person came and ate the second, he should bring a sin-offering and a provisional guilt-offering49 and the second person should bring a sin-offering and a provisional guilt-offering.50 Similar laws apply in all analogous situations.אָכַל אֶחָד אֶת אַחַת מִשְּׁתֵּיהֶן, וּבָא אַחֵר וְאָכַל אֶת הַשְּׁנִיָּה - זֶה מֵבִיא חַטָּאת וְאָשָׁם תָּלוּי, וְזֶה מֵבִיא חַטָּאת וְאָשָׁם תָּלוּי. וְכֵן כָּל כַּיוֹצֵא בְּזֶה.
Footnotes for Shegagot - Chapter 6
1.

The different days do not cause the transgressions to be regarded as distinct.

2.

With regard to inadvertent transgression, it is the person’s awareness of the transgression that causes a forbidden act to be considered as distinct.

3.

Even if the forbidden fat was cooked with different foods, the transgressions are not considered as distinct. As stated in Chapter 9, Halachah 9, with regard to the misappropriation of consecrated objects, the different pots cause the transgressions to be considered as distinct. See Keritot 15b which quotes Rabbi Akiva’s logic in explain-ing the differences between the two prohibitions.

4.

I.e., just as the fact that the food was cooked and served in different pots was not significant for a stringency, it is also not significant for a leniency.

5.

Hilchot Ma’achalot Assurot 14:8. This is one of the fundamental concepts with regard to the mitzvot and prohibitions concerning eating. Just as there is a minimum amount, a k’zayit (an olive-sized portion), which one must eat for a mitzvah to be fulfilled or for a prohibition to be violated; so, too, there is a minimum measure of time, k’dei achilat p’ras, in which that amount of food must be eaten. If one takes a longer time to eat the prohibited food, his eating is not significant, like one who eats less than the minimum amount.
Rashi (Pesachim 44a) offers a different view and maintains that this measure is defined as the time it takes to eat four eggs. Shiurei Torah mentions several different opinions from between four minutes until nine minutes for this period of time.

6.

Meat left over from a sacrifice beyond the prescribed time in which it must be eaten. Partaking of such meat inadvertently makes a person liable to bring a sacrifice (Hilchot Pesulei HaMukdashin 18:10).

7.

The Or Sameiach questions why the ruling here is different than the ruling with regard to forbidden relations with an animal, in which instance, different bodies do create a distinction. He explains that since it is impossible to be intimate with more than one animal at a time, each act of intimacy is considered separately. With regard to meat forbidden as notar, by contrast, since it is possible to partake of the different types of sacrificial meat at the same time, the different bodies do not cause the prohibitions to be considered as distinct.

8.

Here, also, despite the fact that different bodies are involved, the prohibitions are not considered as distinct. Rav Yosef Corcus explains that since the person does not derive physical satisfaction from the slaughter of the animals, they should not be considered as distinct prohibitions.

9.

Or wild beast or fowl (see Hilchot Ma’achalot Assurot 6:1).

10.

This represents the Rambam’s interpretation of Keritot 22a. He understands the passage as emphasizing that the fact that the blood is in different cups does not cause the acts to be considered as distinct prohibitions. Rashi and others interpret that Talmudic passage differently.

11.

If, however, he ate many olive-sized portions of the same type of prohibited food in one lapse of awareness, he is only liable for one sin-offering.

12.

Sacrificial meat that was disqualified because the priest offering it had an improper intent with regard to the time when the sacrificial service associated with an offering would be performed or the time it would be eaten (Hilchot Pesulei HaMukdashin 13:1).

13.

An issur mosif; see Chapter 4, Halachah 1, for a definition of this term.

14.

An issur kollel. This term is also defined in that chapter.

15.

See Hilchot Ma’achalot Assurot 14:18-19, where the Rambam explains similar concepts with regard to liability for lashes for partaking of this forbidden substance.

16.

In his Commentary to the Mishnah (Keritot 3:4), the Rambam explains that this is considered as an issur mosif, because before he became impure, this person was permitted to partake of the meat of the animal, although he was forbidden to partake of its fat. When he became impure, since its meat became forbidden, an additional prohibition was added to its fat.
The above represents the final version of the Rambam’s Commentary to the Mishnah, as recorded in Rav Kapach’s translation of that text. The initial version of that text, which is preserved in the standard published text, states that the person had to be impure as a minor. Thus when he came of age, the prohibition against partaking of forbidden fat and the prohibition against partaking of consecrated food would be considered as two prohibitions that took effect at the same time.

17.

This is considered as an issur mosif, because before the sacrificial fat became no tar, it was permitted to be burned on the altar. After it became notar, that became forbidden. As a consequence, that prohibition also applies to partaking of the fat.

18.

This is considered an issur kollel, because it encompasses not only this forbidden fat, but all other foods.

19.

For one is not liable for eating on Yom Kippur unless one partakes of this amount (Hilchot Sh’vitat Asor 2:1).

20.

Provided the forbidden fat is worth a perutah.
This is also considered as an issur mosif, because before the animal was consecrated, it was forbidden to partake of its fat, but it was permitted to benefit from it. After it was consecrated, that became forbidden. Hence an additional prohibition also applies to partaking of it (the Rambam’s Commentary to the Mishnah, foe. cit.).

21.

One for the violation of the Yom Kippur prohibitions and one for the violation of the Sabbath prohibitions.

22.

The observance of both holy days commences at the same time. Although the Rambam had already stated this law in Chapter 4, Halachah 1, he repeats it to distinguish between it and the law in the previous halachah (Kessef Mishneh).

23.

For he has not eaten enough of either prohibited substance to be liable for lashes and substances forbidden because of two different prohibitions are not combined, as the Rambam proceeds to state.

24.

Hilchot Ma’achalot Assurot 4:17; 14:5.

25.

One is not liable for lashes or for a sin-offering unless he partakes of an olive-sized portion of a forbidden substance. The question the Rambam deals with in this halachah is whether two half-portions of a forbidden substance can be combined to make one liable.

26.

I.e., with regard to a person who partook of the full measure for which he is liable, there is no question that becoming aware of the prohibition makes a distinction, as stated in Halachah 1. With regard to half the required measure, there is reason to say that, since the person is not liable, the fact that he becomes aware is not significant. Hence, the Rambam emphasizes that this is not so.

27.

Writing is one of the labors forbidden on the Sabbath. To be liable, one must write two letters (Hilchot Shabbat 11:9).

28.

The Rambam adds the phrase, “next to the first,” for to be liable, the two letters must be read as a single unit (ibid.:11).

29.

Here, also, the person’s gaining awareness causes a distinction to be made between the prohibited actions.

30.

Although in the first of these instances, the transgressor is liable and above, he is exempt, in this context as well, his gaining awareness is significant, as evident from the second instance. Therefore the Rambam introduces the clause with the phrase “in a like vein.”

31.

One is liable for transferring an article four cubits in the public domain. In this instance, the person did transfer the article that distance. Nevertheless, since he gained awareness in the interim, the question is whether the two are combined (ibid. 12:8).

32.

Thus all that is significant is his initial intent. The fact that in the interim, he changed his intent is not of consequence (see Shabbat 102a).

33.

Carrying it, in which instance, he could bring it back.

34.

It is considered as if he performed three separate actions, each distinct from the other.

35.

Were he to have set aside an animal as a sacrifice, one could understand why it would not atone for a transgression that the person did not have in mind at the time he set it aside. The Rambam’s point is that even if he did not set the animal aside, the two transgressions cannot be atoned for together.

36.

And the one offering atones for both transgressions.

37.

Even though with regard to intimacy, the same person is involved in both transgressions, if one becomes aware of the transgressions at different times, he is liable for two sin-offerings. Alternatively, even though one cannot engage in two acts of intimacy at the same time, one is liable for one sin-offering if he found out about both at the same time (Kessef Mishneh).

38.

Rav Yosef Corcus emphasizes that we are speaking about a situation where the person partook of the entire amount within the time it takes to eat three eggs (k’dei achilat p’ras). Otherwise, his partaking of the food at the different times would be considered as distinct actions.

39.

That offering atones for the olive-sized portion that he became aware of. It does not affect the second smaller portion, because a sacrifice is not required for eating less than an olive-sized portion (Rav Yosef Corcus).

40.

He receives atonement for the first half portion when offering the sacrifice for the portion of which he became aware. Hence, it is not combined with the second half-portion.

41.

Even though he was not aware of the second transgression at the time he offered the sacrifice, it secures atonement for him. Even though, as stated in Halachah 9, the fact that he became aware of the transgressions at different times creates a distinction between them that principle applies only when he became aware of the transgressions before the sacrifice was offered. If he does not become aware until atonement is offered, by contrast, it secures atonement for him (Kessef Mishneh). See also Chapter 7, Halachah 10, where similar laws are discussed.

42.

From Shabbat 71a-b, one could come to the conclusion that atonement is also secured for the third transgression. Nevertheless, that approach follows the opinion that becoming aware of the transgression does not create a distinction between the transgressions. The Rambam follows the opinion that a distinction is created and, hence, requires a sacrifice in this instance. See also the notes to Chapter 7, Halachah 10.

43.

This applies provided he becomes aware of the second transgression at the same time he becomes aware of the third or he becomes aware of it after the sacrifice was already offered (Kessef Mishneh).

44.

Provided he did not become aware of the first or third transgressions before offering the sacrifice.

45.

I.e., he did not know which pieces of fat he ate, the permitted one or the forbidden ones.

46.

As explained in Chapter 8, when a person is uncertain whether or not he transgressed, he must bring a tentative guilt-offering. As explained in Halachah 8 of that chapter, in a situation where he becomes aware of the possibility that he transgressed twice at two different times, he must bring two guilt-offerings.

47.

For one is not obligated to bring a sin-offering until he has definite knowledge of a transgression. Note, however, an exception to this principle in Chapter II, Halachah 7.

Footnotes for Shegagot - Chapter 7
1.

Of wine or of blood.

2.

Of meat, fat, or incense.

3.

As mentioned in Hilchot Avodat Kochavim 3:3, one is liable for performing these four services to any false deity, even if this is not the way it is ordinarily served.

4.

These are the ways in which these false deities are served (see ibid.:2).

5.

For this is considered as two lapses of awareness. The distinction between different services performed to a false deity are governed by similar laws as the distinction between different labors performed on the Sabbath. Even though one performed them in the same lapse of awareness, they are considered as separate acts (Sanhedrin 62a, Keritot 3a).

6.

Keritot 3a states that one could come to this conclusion, because Exodus 20:20 states: “Do not make with Me gods of silver and gods of gold.”

7.

For there is only one lapse of awareness.

8.

Had he converted while an adult, he would certainly have learned about the Sabbath before conversion. A child who converted under the guidance of the court, by contrast, need not to have been so informed (Kessef Mishneh).

9.

This is the definition of the term tinok shenishba. Since the child grew up among gentiles, we assume that he never was educated about the Sabbath laws. In this instance, our translation for shegagah, "lapse of awareness," is not entirely appropriate. Unlike the former instance, this person did not know about the Sabbath prohibitions and forget; he was never aware of them. Nevertheless, he is required to bring a sacrifice in atonement.

10.

Since he is unaware of the very essence of the Sabbath prohibitions, the different forbidden labors and different Sabbaths are not of consequence.

11.

Our translation follows the version in authoritative manuscripts and early printings. The standard published text follows a different version.

12.

Even if he inadvertently violates several Sabbaths in succession without gaining awareness in the interim, the passage of time between the Sabbaths creates a distinction between them.

13.

This lack of knowledge is sufficient to cause his violation to be considered as “inadvertent.” (See Chapter 2, Halachah 2).

14.

As explained in Hilchot Shabbat, ch. 7, and exemplified with regard to every category of forbidden labor in the chapters that follow: there is a primary category of forbidden labor, i.e., activities of the same type and which share the same purpose as those performed in the construction of the Sanctuary. Thus plowing, digging, and making a groove in the ground are all considered in the same category. Nevertheless, all are considered as primary forbidden labors and not derivatives because they all involve digging in the ground and share a single purpose.
A derivative, by contrast, is an activity that produces a result similar to that produced by a primary forbidden labor, but which differs both in intent and in the nature of the activity [the Rambam's Commentary to the Mishnah (Shabbat 7:2).] In Hilchot Shabbat 7:5, he gives an example: cutting a vegetable into small pieces is a derivative of grinding. Similarly, taking a strip of metal and pulverizing it into powder is considered as a derivative of grinding.

15.

In this instance, his lapse of awareness concerns the labors. Hence he must bring a sin-offering for every category of labor. Moreover, even if he performs this forbidden category of labor on several Sabbaths in succession, the different Sabbaths do not create a distinction. Until he learns what constitutes a forbidden labor, it is all one lapse of awareness (Rav Yosef Corcus).

16.

The Rambam’s actual wording “40 minus 1” is a quote from Shabbat 73a.
The Kessef Mishneh and Rav Yosef Corcus (quoting a responsum of R. Avraham, the Rambam’s son) maintain that this final clause is referring to an instance where he does not know that he is liable for karet for performing the forbidden labors, for if he does not know that all the 39 labors are forbidden, how can it be said that he knows of the Sabbath?!
Alternatively, it could be interpreted as referring to a situation where the person knew that there were certain activities forbidden on the Sabbath, but was not aware of the delineation of the categories of forbidden labor. Since he did not know that all these categories of labor were forbidden, he is obligated to bring a sin-offering for each category.

17.

Although he also had a lapse of awareness with regard to the forbidden labors, since he was not aware that the day was the Sabbath, the latter lapse of awareness is of primary importance (Rav Yosef Corcus, quoting Shabbat 70b).
The commentaries question this ruling, because the question is left unresolved by the Talmud. The commentaries explain that even though, generally, when there is an unresolved question in the Talmud, we rule stringently, in this instance, the person cannot be obligated to bring a sin-offering unless he knows with certainty that he is obligated to bring it. For, otherwise, there is the possibility that he is slaughtering an ordinary animal in the Temple Courtyard and that is a serious transgression.

18.

Since they are in the same category of labor, atonement is secured by the same sin-offering.

19.

I.e., one might think that when one performs the primary labor, the importance of the derivative is dwarfed, and hence, one is not liable for a separate offering. When one does not perform the primary labor, by contrast, there is room to think that each derivative should be considered individually (Rav Yosef Corcus).

20.

The expression “It appears to me” implies a conclusion made by the Rambam on the basis of a deduction for which there exists no prior Rabbinic source. Hence, the use of that phrase here attracted the notice of the commentaries who note that this concept is explicitly stated in Shabbat 96b and Bava Kama 2a. Rav Avraham, the Rambam’s son, offers a rationale which the Kessel Mishneh easily refutes and then says that it is possible that the Talmudic passage slipped his father’s mind while he was composing the Mishneh Torah. Alternatively, Rav Yosef Corcus states that there are some activities that are considered as derivatives of two different forbidden labors. For example, removing dregs from wine could be considered a derivative of borer (separating) or mirakeid (“sifting”). If one person sifted flour and removed dregs from wine, there is a question whether he is liable for one sin-offering or two. Rav Yosef Corcus states that the ruling depends on the warning he was given. If he was warned for sifting, he is liable for one sin-offering, If he was warned for separating, he is liable for two. Rav Yosef Corcus admits, however, that this is a difficult interpretation.

21.

This term is used to refer to activities that so closely resemble the activities that constitute the primary categories of labor that they are considered as primary labors and not as derivatives.

22.

By replanting the head of one of the branches of the vine in the ground where it takes root, one provides the vine with an added source of nurture. This was a commonly practiced agricultural technique in the Talmudic era.

23.

All these are considered as primary labors in the category of planting.

24.

Hilchot Shabbat, chs. 7-12.

25.

As described in the second paragraph of this halachah.

26.

As described in the following halachah.

27.

In his Commentary to the Mishnah (Keritot 3:10), the Rambam compares this to a situation where a man is intimate with several women who are all forbidden to him because of the same prohibition, e.g., two married women. There is no question that he is liable for a sin-offering for every woman.
The Kessef Mishneh questions the Rambam’s statements, because he infers that if the person performed the same forbidden activity on three successive Sabbaths, e.g., he sowed, without knowing that sowing was forbidden, according to the Rambam, he would be liable for only one sin-offering. He objects to this decision and maintains that even in such a situation, each Sabbath is considered as a distinct entity and the person should be liable for three sin-offerings.
The Kessef Mishneh ‘s interpretation of the Rambam’s intent is reflected by the changes in the Rambam’s Commentary to the Mishnah (Keritot 3:9). Initially, the Rambam spoke about a person kindling a fire on successive Sabbaths. (This version is preserved in the standard published text of his Commentary.) Afterwards, he amended the text to read as stated here. (See Rav Kapach’s translation.).
Rav Yosef Corcus maintains that the Rambam would also rule that one who performs the same forbidden activity on several Sabbaths is liable for a sin-offering for every Sabbath. He speaks of sowing, extending, and planting, only because his source, Keritot, op. cit., uses the wording melachot... me’ayn melachah achat, “activities comprising a single category of forbidden labor,” and he is being true to his source.

28.

Even though all of these activities are in the same category of forbidden labor.

29.

The minimum measure for which he is liable (Hilchot Shabbat 8:3, 15).

30.

As stated in the latter clause of Halachah 2.

31.

And did not become aware of the harvesting and grinding performed while aware that it is Sabbath, but not aware that these labors are forbidden.

32.

The intent is that, since at this time, he is unaware of the harvesting and grinding performed while aware that it was the Sabbath, and he is bringing a sin-offering to atone for performing these labors, the sacrifice has a more inclusive effect and atones for the other forbidden labors as well. Were he to have become aware of the later transgressions before he set aside the sin-offering for the first, they would not be included in it.

33.

The Kessef Mishneh questions the Rambam’s ruling, noting that Shabbat 71a states that, according to this logic, atonement would be granted for all the transgressions in the following situation. A person partook of two olive-sized portions of forbidden fat and then became aware of eating one of them. He then partook of another olive-sized portion while he was unaware of the second transgression and then brought a sin-offering to atone for the first transgression. In Chapter 6, Halachah 11, the Rambam rules that, in such a situation, atonement is granted for only the first two transgressions.
Among the resolutions he cites is one offered by Rav Yosef Corcus who explains that the passage in Shabbat follows the opinion that becoming aware of the transgression does not create a distinction between the transgressions. The Rambam follows the opinion that a distinction is created and, hence, requires a sacrifice in this instance.

34.

The harvesting and grinding performed without being aware that it is Sabbath, but knowing that these labors are forbidden.

35.

I.e., since he was not aware of performing the forbidden labors before he brought the sacrifice, the atonement for harvesting includes the harvesting performed when he is not aware that it is the Sabbath. And since grinding was performed together with that harvesting, atonement is granted for the grinding as well. A further extension to include the second grinding is, however, not possible (Shabbat 71a).

36.

To make him liable for a sin offering. Thus if when combined, the measure he harvested is the size of a dried fig, he is liable.
The Ra’avad differs and maintains that the concept of considering the two labors as being performed together applies only with regard to granting atonement and not with regard to establishing liability. The Kessef Mishneh explains that, according to the Rambam, it is considered as if the two activities were performed in the same lapse of awareness. Hence, they should be combined in all instances.

37.

Which does not constitute a forbidden labor.

38.

And thus unintentionally. performed the forbidden labor of harvesting on the Sabbath. See Hilchot Shabbat 1:8.

39.

Chapter 2, Halachah 7; Hilchot Shabbat 1:9.

40.

Although his intent was not to ignite the coals, since they were ignited through his activity, he is liable. He is considered to be acting willfully, because he knows that stirring the coals will ignite them. There is a slight error in the standard published text of the Mishneh Torah.

41.

In Hilchot Shabbat 1:7, the Rambam gives another example of this principle: a person who extinguishes a lamp, because he desires the oil. In both instances, the person is intentionally performing an activity that constitutes a forbidden labor. Even though he does not desire the usual object of that activity, since he consciously desired to perform that activity, he is liable.
As mentioned in the notes to Hilchot Shabbat, the Rambam’s opinion is not accepted by all authorities. Tosafot, Zevachim 92a, differs and exempts a person in such an instance and this view is accepted by the Shulchan Aruch (Orach Chayim 278:1; 334:12). It must be emphasized that even according to the more lenient view, there is a Rabbinic prohibition against performing such activities.

Footnotes for Shegagot - Chapter 8
1.

This term is used because of the contrast to the adjustable guilt-offering mentioned in Chapter 10.

2.

Those mentioned in Chapter 1. In contrast, one is not liable for a provisional guilt-offering if he is unsure whether he violated those transgressions for which a definitive guilt-offering is brought, as stated in Chapter 11, Halachah 5.

3.

Sefer HaMitzvot (positive commandment 70) and Sefer HaChinuch (mitzvah 128) include this commandment in the reckoning of the 613 mitzvot.

4.

I.e., it shields him from Divine retribution, but does not bring complete atonement (Rav Yosef Corcus).

5.

The measure for which one is liable to bring a sin-offering.

6.

I.e., he definitely partook of a forbidden substance. His doubt is whether or not he partook of a measure sufficient to require a sacrifice.

7.

I.e., he was certain that a forbidden substance was present; he was unsure whether or not he partook of it.

8.

Who is in a state of ritual purity. See Halachah 5.

9.

With whom he is forbidden to be intimate.

10.

Rav Yosef Corcus questions the Rambam’s ruling, for although it is always forbidden to perform a forbidden labor on the Sabbath, it is difficult to say that the prohibition is established, because on a weekday, there is no prohibition. He explains that the intent is that the person performed a forbidden labor in the twilight hours (bein hashamashot) of Saturday night. In this instance, we are unsure whether that time is considered as part of the Sabbath or part of the weekday.

11.

This is the version found in the authoritative manuscripts and early printings of the Mishneh Torah. The standard published text (and the version possessed by the Kessef Mishneh) reads “He performed a forbidden labor on the Sabbath, but did not know which category of forbidden labor he performed.”
According to the version in our translation, there is a definite prohibition, because the prohibition against forbidden labor on the Sabbath is constant and the person is unaware whether he committed a prohibition. According to the standard published text, he is certain he performed a forbidden labor, but since he does not know which forbidden labor he performed, he is not able to bring a sin-offering in atonement and hence, should mitigate his guilt with this offering. Based on Halachah 5, the commentaries question the version of the standard text. Seemingly, if the person knows that he performed a transgression, he is not able to bring a provisional guilt-offering.

12.

In Hilchot Ma’achalot Assurot 1:13, the Rambam defines this term as “A hybrid that comes from the mating of a kosher domesticated animal and a kosher wild beast.” In his gloss to Hilchot Bikkurim 9:5, Rav Yosef Caro explains that the Rambam understands the term ko’i as referring to an independent species that we do not know whether to classify as a domesticated animal or as a wild beast. He maintains that the proper version of Hilchot Ma’achalat Assurot is “any animal whose classification as a domesticated animal or as a beast is doubtful is a ko’i” and he maintains that Hilchat Shechitah 14:4 serves as proof of this interpretation.

13.

It is not known whether such an animal is classified as a beast, whose fat is permitted, or a domesticated animal, whose fat is forbidden.

14.

With regard to a man who is intimate with a woman who is unsure whether she is married or not, see the following halachah.

15.

As stated in Hilchot Issurei Bi’ah 4:14, according to the Rambam [i.e., this stringency is not required by the Shulchan Aruch (Yoreh De’ah 186:1)], a woman should carry out an internal examination before and after intimacy to make sure that she did not menstruate during intimacy. If she carried out such an examination and discovered blood, but did so after waiting more than the time it takes to stretch her hand under the pillow to take an examination cloth (see Chapter 5, Halachah 6), we are unsure whether a transgression was involved or not. For it is possible that she did not begin to menstruate until after relations were completed.

16.

His brother’s childless widow whom he is obligated to marry, as stated in Deuteronomy, ch. 25; Hilchot Yibbum VeChalitzah, ch. 1.

17.

A woman is required to wait this amount of time to remarry after she is divorced or widowed in order that no question will arise regarding the parenthood of her offspring. For we assume that within three months, it will be apparent whether the woman has conceived or not.

18.

Since the woman was forbidden to him as his brother’s wife, the prohibition against intimacy with her is considered to have been established. Hence until it is definitely clear that she is not pregnant, the brother who is alive is forbidden to engage in relations with her. On the other hand, since it is not definitively known that the offspring is his brother’s, he cannot be required to bring a sin-offering.

19.

If the woman conceived the child with her first husband before his passing, the prohibition against the man marrying his brother’s wife remains in effect and every time, he is intimate with her, the couple transgress. If she conceived with her second husband, their relationship is permitted.
The Kessef Mishneh notes that Yevamot 35b appears to state that a provisional guilt-offering is required in such an instance, but explains that, according to the Ram barn, that passage does not reflect the halachah. See the Rambam’s Commentary to the Mishnah (Yevamot 4:2).

20.

The simple explanation is that once the first witness testifies, it is considered as if the prohibition has been established. Hence the second witness’s testimony cannot override that. It can, however, be explained that this principle is accepted as a given. Here we are speaking about a situation where both witnesses testify at the same time. Nevertheless, since one witness testifies that the fat is forbidden, it is considered as if the prohibition has been established (Tosafot, Keritot 11 b).

21.

Who is not acceptable as a witness.

22.

Although neither are acceptable witnesses, the testimony of the first is considered powerful enough to establish the identity of the object. For a woman's testimony is significant with regard to matters involving the Torah's prohibitions (Sifra, Parshas Vayikra).

23.

If, however, the person contradicts or supports the statement of the witness and maintains that the fat was permitted or forbidden, he is not liable for a provisional guilt-offering.

24.

The Ra’avad differs with the Rambam concerning this issue, maintaining that since there were conflicting testimonies at the outset, the existence of the prohibited substance is not considered to have been established. He offers one possible solution: the first witness told the person that he partook of forbidden fat together with permitted fat and the second witness stated that he partook only of permitted fat. The Kessef Mishneh states that it is possible that the Rambam also had that intent, but it is more likely that the Rambam maintains that the same law applies even if the lack of agreement between the witnesses’ testimony concerns only one piece of fat. Rav Yosef Caro debates both possibilities.

25.

Thus it had been established that she was forbidden to other men.

26.

In which instance the prohibition against relations no longer applies.

27.

Since it was originally established that the woman was married, we continue operating under this proposition. Although the testimony of one witness is sufficient to enable a woman to remarry, that is when there are no other witnesses who contradict him. Similarly, in Hilchot Gerushin 12:19, the Rambam writes that in such a situation, a woman cannot remain married to her second husband.

28.

It had been established that the woman had been married and thus forbidden to others. The question is whether that prohibition was lifted because of divorce. See Hilchot Gerushin 12:6.

29.

For it was never definitively established that she had been married and thus, we do not operate under the premise that relations with her are adulterous.

30.

One might think that the Jew would be exempt, because there was only one piece of fat before him. Nevertheless, since originally, there were two and one was known to be forbidden, it is considered as if the existence of the forbidden entity was established.

31.

In which instance, were he to have eaten the forbidden fat, he would not be able to atone by bringing a sacrifice.

32.

Here also, the point is that at the time that the inadvertent violation was committed, there was only one piece of fat in front of the person. Also, we are certain that he partook of the forbidden fat. Nevertheless, since we are unsure of which he ate inadvertently and which intentionally, he is liable for a provisional guilt-offering and not a sin-offering.

33.

For he definitely partook of forbidden fat inadvertently. The fact that he did not know which piece was forbidden is not significant. See Halachah 9.

34.

For it had been established that a piece of forbidden fat was present and both are unsure whether or not they partook of it.

35.

Sacrificial meat left over after the time that it is permitted to partake of it, in which instance, partaking of it constitutes a prohibition. Note the distinction between this halachah and Chapter 9, Halachah 13.

36.

We are uncertain whether twilight is considered as part of the previous day or the following day.

37.

Chapter 2, Halachah 3.

38.

Although this principle was stated in Halachah 1, the Rambam restates it as an introduction to the statements that follow.

39.

Sacrificial food that was offered with an improper intent concerning time.

40.

See Chapter 6, Halachah 4.

41.

See Chapter 4, Halachah 2.

42.

For each of those deeds requires such an offering.

43.

I.e., if one partook of two olive-sized portions of fat in one lapse of awareness, but became aware of the first transgression before he became aware of the second, he is required to bring two sin-offerings, as stated in Chapter 6, Halachah 9.

44.

For he has certainly eaten the piece of forbidden fat.

45.

See Halachah 4.

46.

Because he is unsure of whether or not he committed that transgression. Even though he is also unsure whether he misappropriated a consecrated article, he does not bring a sacrifice on that account, as explained in Chapter 9, Halachah 11.

47.

For his becoming aware of the transgression creates a distinction with regard to partaking of forbidden fat. Thus he is obligated for two sin-offerings for that transgression and one sin-offering for partaking of notar. The prohibition against notar falls upon forbidden fat, as stated in Chapter 6, Halachah 2.

48.

For he partook of consecrated food.

49.

As stated in the first clause.

50.

For the same logic obligates the second person as well.

The Mishneh Torah was the Rambam's (Rabbi Moses ben Maimon) magnum opus, a work spanning hundreds of chapters and describing all of the laws mentioned in the Torah. To this day it is the only work that details all of Jewish observance, including those laws which are only applicable when the Holy Temple is in place. Participating in one of the annual study cycles of these laws (3 chapters/day, 1 chapter/day, or Sefer Hamitzvot) is a way we can play a small but essential part in rebuilding the final Temple.
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Rabbi Eliyahu Touger is a noted author and translator, widely published for his works on Chassidut and Maimonides.
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