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Rambam - 1 Chapter a Day

Shegagot - Chapter 6

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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.

Quiz Yourself on Shegagot Chapter 6

Footnotes
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.

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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