Kommentar zu Keritot 2:12

ארבעה מחוסרי כפרה (four whose atonement is incomplete) – that they bring an atonement (i.e., a sacrifice), but not for the sin, but rather to [be able to] eat Holy Things.

Introduction Generally a person who is impure and then immerses in a mikveh can begin to eat sacrifices after immersion. However, there are four categories of people who must first bring sacrifices before they can eat other sacrifices. This process is called “a ceremony of atonement.” Our mishnah also mentions another category, but since tomorrow’s mishnah discusses it more fully, we shall explain it tomorrow.

והמצורע – and this is also not considered for the lepers/metzoras, just as that it considers males with a flux and females with a flux, because the for the male with a flux and the female with a flux, the essence of their ritual defilement is disputed, for a male with a flux defiles through sightings and even if he saw three sightings in one day he is ritually defiled and brings one sacrifice, but the female with a flux does not bring a sacrifice until she sees three days one after another, therefore, we consider them as two [different entities], but the male leper and the female leper, the essence of their ritual defilement is not divided, as for both of them, the measurement of their defilement is like the size of a bean.

There are four persons who require a ceremony of atonement, and there are four who bring a sacrifice for willful as well as for inadvertent transgression. This section introduces today’s and tomorrow’s mishnah.

גר מחוסר כפרה – The first Tanna/teacher [of the Mishnah] holds that a convert, since he circumcised and immersed [in a Mikveh], is permitted to eat Holy Things, and the sacrifice is not indispensable other than to enter into the community (See Exodus 24:8 – “Moses took the blood and dashed it on the people and said, “This is the blood of the covenant that the LORD now makes with you concerning these commands.”). Therefore, he is not considered among the general group of those whose atonement is incomplete.

The following are those who require a ceremony of atonement: the zav, the zavah, the woman who gave birth and the metzora. A “zav” is a man who has an abnormal genital discharge (see Leviticus 15:15) and a “zavah” is a woman with an abnormal genital discharge (see Leviticus 15:29-30). Both must bring sacrifices before they complete their purification process. So must a woman who gave birth (as we learned in 1:3) and a person who had some type of skin disease (Leviticus 14:10ff).

עד שיזרוק עליו הדם – if he didn’t bring the sacrifice of cattle. But if he brought the burnt offering of fowl, until its blood will be emptied out onto the wall of the altar.

Rabbi Eliezer ben Jacob said: also a convert is regarded as a person who still requires a ceremony of atonement until the blood has been sprinkled for him; the same applies to the nazirite with reference to wine, haircutting and uncleanness. Rabbi Eliezer ben Jacob adds two more to this list. A convert who has already been circumcised (if he is a man, of course) and immersed in the mikveh, must bring a sacrifice. He cannot eat sacrifices until the blood from the olah that he brings is sprinkled on the altar. Similarly, a nazirite cannot drink wine, cut his hair or become impure from contact with a dead body until he brings his sacrifices (see Numbers 6:14 and Mishnah Nazir 6:9). Both of these are also cases where a person needs to bring a sacrifice to complete the process of purification.

ונזיר ליינו ותגלחתו – the sacrifice [brought] by the Nazirite permits him to drink wine and to cut his hair and to become defiled to the dead, for even though he has completed the days of his Nazirite [vow], he is not permitted to have wine or to cut his hair or to become defiled by the dead until he brings a sacrifice. But the first Tanna/teacher [of the Mishnah] does not consider the Nazirite, and doesn’t teach other than those who would be permitted to Holy Things, but the Nazirite when he brings a sacrifice, is permitted to have wine, which is unconsecrated.

הבא על שפחה חרופה (someone who has sexual relations with a designated maidservant – who is half-slave and half-free and betrothed to a Hebrew slave) – as it states in Scripture (Leviticus 19:22): “With the ram of reparation offering the priest shall make expiation [before the LORD},” and further it is written, “and the sin that he committed will be forgiven him,” to include a willful transgression like that of an inadvertent sin.

Introduction Usually a person brings a sacrifice only when s/he transgresses unwittingly. For instance, if one willfully breaks Shabbat, one does not bring a sacrifice. But if one didn’t know that a certain act is forbidden on Shabbat and then he performed that act, he can bring a sacrifice to atone for the transgression. However, there are four cases in which a person must bring a sacrifice even if he intentionally transgresses.

ונזיר שנטמא – as it is written (Numbers 6:9): “If a person suddenly dies near him,” – פתע/aforethought – this is inadvertently, and similar it says (umbers 35:22): “Or if he pushed him without malice aforethought,” -פתאום/suddenly – this is willful, but there is no punishment other than through willful [transgression].

The following bring a sacrifice for willful as well as for inadvertent transgressions:
One who has intercourse with a female slave, This shall be explained in mishnayot 4-5 of this chapter.

ועל שבועת העדות – a sliding-scale offering that is stated for the oath of testimony (i.e., if a plaintiff claims that witnesses have information supporting his case and requests that they testify on his behalf, and they refuse to testify and deny that they have this information, they are required to take an oath to that effect. If the oath of testimony was taken falsely, they are required to bring a sin-offering as an atonement.), Scripture requires on the willful offender like the one who acted inadvertently, for it all of them it is stated in all of them, "ונעלם" /”and the fact has escaped him” (Leviticus 5:4), but here, it does not state, “ונעלם”/:”and the fact has escaped him.” (see also Tractate Shevuot, Chapter 4, Mishnayot 1-2).

A nazirite who has become unclean, A nazirite is not supposed to defile himself through contact with a dead body (see Numbers 6:9-12). If he does he must bring two sacrifices a hatat and an olah. He is liable for these sacrifices even if he intentionally comes into contact with the dead.

ועל שבועת הפקדון – the guilt offering that is mentioned in the oath of a deposit (i.e., an oath taken with the intention of falsely denying a deposit or a debt. One who owes another money or property and denies his obligation, whether the false oath was deliberate or the result of an honest mistake must repay his debt and add one-fifth to it, and he must bring a ram as a guilt-offering) is liable for it for willful/intention transgression like one who does it unintentionally, that is derived [by verbal analogy/Gezerah Shavah see Tractate Shevuot, Chapter 5, Mishnah 1), that they derive תחטא תחטא through verbal aalogy (Leviticus 5:21-22 and Leviticus 5:1): “When a person sins/תחטא and commits a trespass against the LORD by dealing deceitfully with his fellow in the matter of a deposit or a pledge, or through robbery, or by defrauding his fellow; 22)or by finding something lost and lying about it; if he swears falsely regarding any of the various things that one may do and sin thereby (from the Oath of Testimony – Leviticus 5:1 –"ונפש כי תחטא"/”if a person incurs guilt – [when he has heard a public imprecation and – although able to testify as one who has either seen or learned of the matter – he does not give information, so that he is subject to punishment).

For a false oath concerning testimony; If a person swears that he does not know any testimony for another person, and it turns out that he did know testimony, he must bring a sacrifice to atone for his sin. By its very nature, this false oath had to have been done intentionally, and therefore we have another case of a person who brings a sacrifice for an intentional sin. This topic was discussed in Shevuot 4:2-5.

And for a false oath concerning a deposit. If a person swears falsely that someone else’s property was not deposited with him, and then it turns out that he was lying, he brings a sacrifice. Again, by its very nature this is an intentional sin. This topic was discussed in Shevuot 5:1-2.

הבא על שפחה חרופה ביאות הרבה – as it is written (Leviticus 19:22); “With the ram of reparation offering the priest shall make expiation for him [before the LORD], for the sin that he committed, but he should have been able to write, “for his sin” and be silent. What is "אשר חטא"/that he committed (mentioned TWICE in this verse)? To include many sins. But these words are when he makes many sexual advances of one maidservant, but if he came upon many maidservants, even with [just] one act of forgetfulness, he is liable for each and every maidservant, as it is written (Leviticus 19:20): “who is a slave [and has been designated for another man],” to be liable for each and every maidservant.

Introduction This mishnah introduces two more categories of “five people.” The first is the person who brings one sacrifice for multiple transgressions. The issue here is what can make the same act performed on repeated occasions considered to be separate transgressions? This is a topic that will prove of great interest to the rabbis and we shall discuss it for the next few chapter. The mishnah also refers to five people who bring a sacrifice of higher or lesser value a rich person brings a beast and a poor person a bird. These people will be listed in mishnah four.

ונזיר שנטמא טומאות הרבה – when he became defiled within seven days of his defilement, it is not necessary to state that he doesn’t bring other than one sacrifice, and it is a long [period of] defilement, for it is necessary for the one who became defiled on the seventh day which is the day of his shaving. But this Tanna/teacher holds that the Biblical verse as it is written (Numbers 6:11): “That same day he shall re-consecrate his head,” which is the day of his shaving as stated, for a Nazirite, purity occurs to him on the same day. But now, you might think I would say that he became defiled two times on the seventh day, that would be many defilements, for this one began his Nazirite vow in ritual purity, that would obligate him to two sacrifices, this comes to teach us that regarding sacrifices, he is not liable for anything other than one, and this does not come to the appropriate hour for a sacrifice, for even though that the ritual purity of his Nazirite [vow] begins from the seventh day, the time which is appropriate for a sacrifice, it is not other than from the eighth day.

There are five persons who bring one sacrifice for multiple transgressions, and five who bring a sacrifice of higher or lesser value. The following bring one sacrifice for multiple transgressions:
One who has intercourse with a female slave several times, Having intercourse with a female slave several times is considered one transgression and therefore he brings only one sacrifice. We will discuss this issue more in mishnayot 4-5.

המקנא לאשתו ע"י אנשים הרבה – as it is written (Numbers 5:29): “This is the ritual in cases of jealousy,” – one Torah for many jealousies.

A nazirite who became unclean several times. This category was explained in yesterday’s mishnah.

ומצורע שנתנגע גגעים הרבה – as, for example, that he became afflicted with leprosy and was healed, and then was afflicted with leprosy and was healed many times, he does not bring other than one sacrifice for all of them, as it is written (Leviticus 14:2): “This shall be the ritual for a leper [at the time that he is to be purified],” – one Torah/ritual for a leper many times over.

One who warns his wife in regard to several men, This refers to the beginning of the “Sotah” process. The Sotah process begins with a man warning his wife not to be secluded with so-and-so, and (in the case mentioned here) not with so-and-so, etc. He warns her concerning several men. If she goes and is secluded with all of these men, she must bring only one sacrifice, “the minhah of jealousy” (see Numbers 5:15ff) for all of her seclusions. The reason that she brings only one minhah and not one minhah for each man with whom she was secluded is that since the warning was done collectively, we look at her acts as one transgression, not many. Had he issued separate warnings for each man, she would have brought one sacrifice for each man with whom she was secluded.

הביא צפורים ונתנגע – in the Gemara (Tractate Keritot 9b) explains that this is how it should be taught: the birds did not count to make permanent/fixed for the poor and for the rich, for if he was poor at the time [of the bringing] of the birds, and he became rich prior to his bringing his sin-offering, he has to bring the sacrifice for the rich person. But if he was rich and then became poor, he brings the sacrifice of poverty until he brings his sin-offering. For we follow after the sin-offering whether [he is] in poverty or in wealth, as it is written (Leviticus 14:32): “[Such is the ritual for him who has a scaly affection] and whose means for his purification are limited.” When he doesn’t have the means at the time of his purification, he brings [according to] his poverty, and even though he became rich afterwards, but his purification, that is his sin-offering is his atonement. [The leper’s sacrifice is two lambs – one for a sin-offering and one for a guilt offering.]

And a metzora who has contracted skin disease several times. If a person contracts skin disease, then is healed and then contracts it again repetitively, he brings only one sacrifice for all of the outbreaks of the disease. Since he was not purified in between each outbreak, it is considered one case of skin disease and not many.

עד שיביא אשמו – that is his purification, his guilt-offering is implied, that he gives from his money on his possessions/wealth which make him fit to eat Holy Things. But the Halakha is not according to Rabbi Yehuda.

If he has offered the birds and then contracted the disease again, they do not count for him until he has offered his hatat. Rabbi Judah says: until he has offered his asham. The purification process from skin disease is described in Leviticus 14. After being pronounced free of the affliction, a person brings two birds; one bird is slaughtered and its blood is sprinkled on him and the other is set free. On the eighth day he brings two lambs, one as an asham and the other as an olah. If he can’t afford two lambs, he brings one lamb as an asham and two birds, one as a hatat and one as an olah. In either case, he offers the asham first and the hatat afterwards. If he brings the birds and then contracts skin disease again, the two skin diseases are considered as one and he need bring only one set of sacrifices at the end. Even the two birds that were already brought count. When he is healed, he will bring only the lambs or lambs and birds as olah and hatat. According to Rabbi Judah, this is true until he brings the hatat at the very end. If he contracts the skin disease again after this point, then it is a new case of skin disease and he has to bring a new set of sacrifices.

האשה שילדה ולדות הרבה – As we go and explain how, as, for example, she aborted within the eighty [days] of [giving birth to] a female [child], that she immersed [in a ritual bath] after two weeks of ritual impurity and had sexual relations [with her husband] and became pregnant, and aborted a female after forty [days] of formation, which is fifty-four [days] from her first giving birth, and then she returned and aborted at the end of fifty-four days of this, and for this, it (i.e., the Mishnah) took a female, for with male [children born], we don’t say this, for if she aborted within forty days of a male [child], this second [abortion] is mere water, for a fetus is not formed until forty days.

Introduction This mishnah is a direct continuation of yesterday’s mishnah: the five who bring one sacrifice for many instances of obligation. Today’s mishnah discusses the final such case and then moves on to explain the second topic in mishnah three the five who bring a higher or lower sacrifice.

והמפלת תאומים – even male [children], as, for example, she became pregnant with triplets, and she aborted one [of them] after forty [days] , and the second remained and came out within the days of the first purity, and the third within the days of the second purity, for each of these, she doesn’t bring other than one sacrifice, as it is written (Leviticus 12:7): “Such are the rituals concerning her who bears a child, male or female,” which teaches that she brings one sacrifice for many births, it is possible even on a birth that is before the completion/fulfillment [of her purification] and one that is after fulfillment/completion [of her purification] also she does not bring anything other than one sacrifice, the inference teaches us: “Such/זאת [are the rituals concerning her who bears a child].”

A woman who has had several births. The last category of person who might bring one sacrifice for multiple cases is the woman who gave birth if she did not bring a sacrifice for one birth, she can bring one sacrifice for multiple births.

רבי יהודה אומר מביאה על הראשון ואינה מביאה על השני – Rabbi Yehuda distinguishes between [single aborted] births and twins, and states that she brings [a sacrifice] on the first offspring, but not on the second that was born within the completion/fulfillment [of purification] of the first , and she brings for the third, because he was not born within the completion/fulfillment [of purification, for we don’t consider fulfillment/completion for the second [child], for he is like one that doesn’t exist, for since he was born within the period of fulfillment [of purification] of the first, but the third is the beginning of giving birth. And she does not bring on the fourth, for he was born within the period of fulfillment/completion [of purification] for the third, but the third [child] was not born in the midst of the fulfillment/completion [of purification] for the first [child] for the days of her ritual impurity of the first [child] had passed and concerning twins, Rabbi Yehuda also disputes/distinguishes. For even though their pregnancy is as one, we don’t say that it was one long birthing and that there is also a fulfillment of [a period of ritual impurity] for the second [child], but the third [child] is not [liable] for a sacrifice, but rather, if the third was born after the fulfillment of [the period of ritual impurity] of the first, Rabbi Yehuda holds that she brings a sacrifice for the [birth of] the third child/son, but on the completion [of the period of impurity] for the second son, we don’t care for it is as if he doesn’t exist, for as what Rabbi Yehuda states that the second offspring is like it doesn’t exist, and regarding a sacrifice, since it was born within the time period of the first [obligatory] sacrifice, but regarding ritual impurty, he admits that she has the days of ritual impurity [ and all the time that she aborts a male child, she sits upon him seven days of ritual impurity and thirty-three days of blood purity]. But any time she aborts a female child, she sits upon it for two weeks of ritual impurity and sixty-six days of blood purification. But the Halakha is not according to Rabbi Yehuda.

If she miscarried a female within eighty days of the birth of a girl, and then she again miscarried a female within eighty days of the previous [miscarriage]; or if she miscarried twins. Rabbi Judah says: she brings an offering for the first and not for the second, for the third again but not for the fourth. The mishnah now explains other types of cases where a woman might bring one sacrifice for multiple births or miscarriages. Generally, she brings her sacrifices 80 days after the birth of a female. If she miscarries within this period, she need not bring a sacrifice for both the birth and the miscarriage. If the miscarriage is female, and then she miscarries again within 80 days, she still brings only one sacrifice. Similarly, if she miscarries twins, she brings only one sacrifice for both. Rabbi Judah disagrees with the previous opinion. According to Rabbi Judah she brings a sacrifice for the first birth. For the miscarriage that occured within 80 days of the first, she does not bring, because it was within the time covered by the first. However, she does bring for the third (the second miscarriage) because it was not within the time of the first. The second (the first miscarriage) does not cover the third, because she didn’t bring a sacrifice for the second. Then she doesn’t bring for the fourth (the third miscarriage) because it was during the time of the third. In this way she ends up bringing for every other miscarriage.

עולה ויורד – it ascends [in value] for the rich, and descends [in value] for the poor, for if he is rich, he brings a lamb or a female goat, and if he is poor, two turtle-doves or pigeons, and the poorest of the poor brings one-tenth of a an Ephah of fine flour.

The following persons bring an offering of higher or lesser value: One who hears the voice (see Leviticus 5:1); One who has broken the word of his lips (Leviticus 5:4); One who while unclean has entered the sanctuary or [has partaken] of holy things, A woman after childbirth And a metzora. This is the list of the five categories of people who can bring either a more or less expensive sacrifice, depending upon their wealth. A) This refers to the person who swore falsely that he didn’t know testimony. The language of the mishnah is based on Leviticus 5:1. Lev 5:5-11 discuss the various sacrifices that can be brought. B) This refers to one who made a false oath. See Leviticus 5:4. C) One who enters the Temple while impure or eats holy things while impure must bring a higher or lower sacrifice. This is also mentioned in Leviticus 5. In all three of these cases, the person who is really poor can bring just a grain offering. D) See Leviticus 12:6-8. E) See Leviticus 13.

שמיעת הקול – “when he heard a public imprecation” (Leviticus 5:1), and the ritual defilement of the Sanctuary and its Holy Things inadvertently, and an oath on a statement (i.e., taken by a person to reinforce a promise or an obligation or to confirm the veracity of a story – see Tractate Shevuot, Chapter 3, Mishnah 7)), all three of them are written explicitly in the Torah portion of Vayikra (Leviticus 5:1, 2-4 and 5-11) what they bring for the poor and the poorest of the poor.

What is the difference between [intercourse] with a female slave and the other forbidden sexual relations? For they are not equivalent in regard to the punishment nor the sacrifice. In the case of all other forbidden sexual relations a hatat is brought, in that of a female slave an asham; In the case of the other forbidden sexual relations a female animal is brought, in that of the female slave a male; In the case of the other forbidden sexual relations man and woman are alike with respect to lashes and the sacrifice; in that of the female slave the man is unlike the woman regarding the lashes, and the woman is unlike the man regarding the sacrifice. In the case of all other forbidden sexual relations sexual contact is punishable as well as consummation, and one is liable for each act of intercourse separately. For in this the case of the female slave is more stringent in that intentional transgression is of the same status as unwitting transgression. Leviticus 19:20-21 states, “If a man has carnal relations, having an emission, with a woman who is a slave and has been designated for another man, but has not been redeemed or given her freedom, there shall be an indemnity; they shall not, however, be put to death, since she has not been freed. But he must bring to the entrance of the Tent of Meeting, as his guilt offering (asham) to the Lord, a ram of guilt offering.” Our mishnah explains what the difference is between a man who has intercourse with a slave woman such as is described here and a man who has intercourse with any other forbidden sexual relation. In the two cases, a different punishment is meted out if done intentionally, and if done unwittingly, a different sacrifice is brought. The punishment for all other sexual sins is either death or karet, whereas in this case the punishment is lashes. The mishnah now explains the differences with regard to the sacrifice. A + B) For other forbidden relations one must bring a female hatat, whereas here one brings a male asham. (Note that a hatat is always female and an asham is always male. Thus it turns out that this is only one difference between the two sins.) C) For all other sexual sins, both the man and woman are equal in matters of lashes (if done intentionally but without prior warning) and in bringing a sacrifice, if done intentionally. But in this case, the female slave is the one lashed (this is how the rabbis understand the word that is translated “indemnity”) and the man brings the sacrifice (whether done intentionally or intentionally see mishnah two). D) In all other cases the man is liable as soon as sexual contact begins, but with a slave woman, he is liable only when he emits seed, as is stated in the verse itself. E) In all other cases, if a man sleeps multiple times with a woman forbidden to him, he is liable only once, whereas here with the female slave, he is liable for each act of intercourse. The mishnah notes that this is a balancing stringency. Since there is a leniency when it comes to having intercourse with the female slave he brings a sacrifice even if done intentionally there is also an accompanying stringency he must bring a sacrifice for each act.

והיולדת – with those women who are wealthy – a lamb for a burnt- offering and a pigeon or turtle-dove for a sin-offering. For the poor – two turtle-doves, which are a single pigeon of a bird in place of a lamb. But the poorest of the poor is not mentioned regarding a woman who gives birth. And Similarly, the leper, the rich [bring] two lambs, and poor brings two turtle-doves in place of the two lambs, but the poorest of the poor do not it.

שוין במכות ובקרבן – if both of them are acting willfully, both are flogged as we establish (Numbers 5:6): “When a man or woman commits any wrong toward a fellow man, [thus breaking faith with the LORD, and that person realizes his guilt],” the Written {Torah] compares a woman to a man for all punishments that are in the Torah. But if both of them act inadvertently, they bring a sacrifice, for regarding both of them, it is written, “extirpation” for willful behavior, as it is written (Leviticus 18:29): “such persons shall be cut off [from their people],” and all that their willful acts are [punishable with] extirpation and inadvertent acts are [punishable with] a sin-offering.

ובשפחה לא השוה that the woman is flogged, as it is written (Leviticus 19:20): “there shall be an indemnity [they shall, not, however, be put to death, since she has not been freed];” she [is punished] with flogging and he with a sacrifice of a ram as a guilt-offering. The language בקרת/indemnity, as is read, because we call upon the one being whipped (i.e., her, the maidservant) (Deuteronomy 28:58): “If you fail to observe faithfully [all the terms of this Teaching that are written in this book]” (Deuteronomy 28:59): “The LORD will inflict extraordinary plagues upon you, etc. ”Alternatively, [the word] בקרת means a visitation, that the Jewish court will visit and state to the one being whipped how many lashes he can accept.

עשה בהן המערה (he who passes through the first stage – exciting the sexual organ by contact – as punishable as him who finishes) – the man who inserts the membrum virile alone (i.e., first stage of sexual contact).

וכל העריות חייב על כל ביאה וביאה – and with a maidservant, as we said earlier in our chapter [Tractate Keritot 9a], he brings a sacrifice for each sexual act.

שעשה בה את המזיד כשוגג – if both of them acted willfully, or he acted inadvertently and she willfully, she receives flogging and he brings a sacrifice, but if she acted inadvertently , whether he inadvertently or willfully acted, both of them are exempt, as it is written (Leviticus 19:20): “there shall be indemnity,” and afterwards (Leviticus 19:21): “”But he must bring to the entrance of the Tent of Meeting, as his reparation offering to the LORD.” At the time when the woman is flogged, the man brings a sacrifice, if the woman is not flogged, the man does not bring a sacrifice.

חציה שפחה וחציה בת חורין – who is betrothed to a Hebrew slave, for he is permitted with a maidservant and permitted with a free woman. But not to a Canaanite slave, for e is forbidden to her because of the side of freedom that is within her. But were she not a half-maidservant, the betrothal would take effect with her, but both are killed, but now, the betrothal partially takes effect with her because of the side of freedom that is in her, but it does not take effect with her completely because of the side of servitude that is within her, and that is what is written (Leviticus 19:20): “they shall not be put to death, since she has not been freed,’ but if she is freed, they are liable.

Introduction Our mishnah defines what type of female is referred to in Leviticus 19:20-22.

והפדה לא נפדתה – implying she is redeemed slightly but she is not redeemed completely (see Leviticus 19;20).

To which type of female slave [does this refer]?
To one who is half a slave and half a free person, as it is written: “And she has been redeemed and not redeemed” (Leviticus 19:20), the words of Rabbi Akiva. According to Rabbi Akiva, the type of female slave referred to in the verse is one who is half a slave and half free (for instance she was owned by two masters and one freed her). He derives this from the strange phrasing in the Torah. The simple meaning of these words is that she has not been redeemed, but the Hebrew syntax allows Rabbi Akiva to interpret the words as if she has been partially redeemed/freed.

זו היא שפחה ודאית – meaning to say that she is a complete maidservant. And this that is written (Leviticus 19;20): “but has not been redeemed.” The Torah speaks in the language of humans.

Rabbi Ishmael says: to a full female slave. Rabbi Ishmael interprets more in accordance with the simple meaning the female slave referred to is fully a slave. She has not been redeemed at all.

כל העריות מפורשות – that they free women and we don’t have anything left, and she is definitely different/strange – half maidservant and half free-woman and Rabbi Eleazar ben Azariah is equivalent to Rabbi Akiva, but he said to Rabbi Yishmael: “I hold like you, that the Torah speaks in the language of humans, however, here, it is different, from that it is written (Leviticus 19:20): “or given her freedom,” [the phrase], ‘ but has not been redeemed,” what is the reason for it? Learn from it, that someone who is half a maidservant and half a free-woman. But the Halakha is according to Rabbi Akiva.

Rabbi Eliezer ben Yaakov says: all other forbidden sexual relations are stated explicitly, and of the remainder there is only one who can be half a slave and half a free person. All of the other prohibited relations in the Torah are fully free females (they could not be related to the man if they were slaves). There is, according to Rabbi Eliezer ben Yaakov, a long standing tradition that there is one prohibited woman who is half slave/half free. The only one that this can be is the female slave referred to in Leviticus 19. It is interesting that Rabbi Akiva and Rabbi Eliezer ben Yaakov agree that the slave is half free, but they disagree with regard to how we know this; Rabbi Akiva derives it through a midrashic reading of the verse whereas Rabbi Eliezer ben Yaakov derives it from a received tradition. These are two of the main sources of Jewish law tradition and midrash/interpretation.

כל העריות – if one is an adult, the man or the woman, and the other is a minor, the minor is exempt but the adult is liable. But regarding a maidservant, it is not so, for if one is a minor, the adult also is exempt, for they are juxtaposed [in close context]/compared by analogy to each other (Leviticus 19:20): “there shall be an indemnity” and (verse 21): “But he must bring [to the entrance of the Tent of Meeting], as his reparation offering [to the LORD, a ram of reparation offering],” at the time when she is flogged, he brings a sacrifice, but [if] the woman is not flogged, the man does not bring a sacrifice.

After having delineated several differences between the case of the female slave and other cases of forbidden sex, the mishnah notes that in other ways, most cases of forbidden sexual relations are the same.

אחד ער ואחד ישן ישן פטור – but the one who is awake is liable. But if the maidservant who has been designated [for another man] is awake, she is also exempt, for they have been compared by analogy/juxtaposed [by close context] to each other as we have stated.

In the case of all forbidden relations, if one partner was an adult and the other a minor, the minor is exempt; If one is awake and the other asleep, the one asleep is exempt; A minor or one asleep cannot be held responsible for his/her actions, therefore they are exempt.

שוגג בחטאת ומזיד בהכרת – and the maidservant who is a designated [to another man], if he acts willfully and she acts inadvertently, both of them are exempt, For since the woman is not flogged, the man does not bring a guilt-offering. But if he acted inadvertently and she acted willfully, she is flogged and he brings a guilt-offering.

If one is an inadvertent and the other intentional, the former is liable to a hatat, the latter to karet. This rule is true of most cases prohibited relations (it is not true with regard to female slaves) for inadvertent transgressions, one brings a hatat and for intentional transgressions, one is liable for karet (if done without warning).