Daily Mitzvah (Rambam)

The 71st mitzvah is that one who commits a certain type of transgression is commanded to bring a guilt-offering as atonement. This offering is known as an asham vadai.

The transgressions which require one to bring such a sacrifice are Me'ilah,1 theft, having relations with a shifchah charufah,2 and swearing falsely regarding an object which was given for safekeeping.

Me'ilah is when one unintentionally derives at least one perutah's worth of benefit from something sanctified — whether it was sanctified for Temple repair (bedek habayis) or to be brought on the altar; or when one stole something worth at least one perutah and then swore falsely [in denial]; or when one had relations with a shifchah charufah; or when someone falsely denies having an object he was entrusted with and then swears [to support his claim] — then, whether [these last three3 transgressions were] done intentionally or unintentionally,4 one is required to bring an offering. But instead of a sin-offering, he brings a guilt-offering, known as an asham vadai.

Regarding Me'ilah it is written,5 "If a person sins inadvertently with something that is sacred to G‑d, he shall bring as his guilt offering to G‑d, an unblemished ram"; and [regarding a false oath,6 "If a person sins...] by lying to his neighbor regarding an article left for safekeeping...and swears falsely...he must bring his guilt-offering to G‑d, an unblemished ram"; and [regarding a shifchah charufah,7] "If a man has relations with a slave woman who is half married to [another] man...he must bring his guilt-offering to G‑d..."

The details of this mitzvah are explained in tractate Kerisus.8

Footnotes

1.

Using sanctified things for one's personal use. See P118.

2.

A female non-Jewish slave who is immersed in a mikvah is known as a shifchah, and when her master frees her, she becomes a full-fledged Jew. Before this, she is permitted, under certain conditions, to a Jewish servant. Should she be owned by two masters and only one frees her, and she is betrothed by a Jewish servant, she becomes a shifchah charufah. Should another Jew have relations with her, he must bring this offering.

3.

See Kapach 5731, note 94, regarding the error in previous translations. If sanctified objects were used intentionally, it is not considered Me'ilah and this sacrifice is not brought.

4.

E.g., at the moment he made the oath, he forgot that he had stolen it; he was unaware of the shifchah charufah's status; or he had forgotten that he was given an object for safekeeping.

5.

Lev. 5:15.

6.

Ibid., 5:21-25.

7.

Ibid., 19:20-21.

8.

9a.