There is no liability for "hearing the voice" [i.e., for knowing testimony and not giving it, viz. (Leviticus 5:1): "And if a soul sin and hear the voice of an oath (i.e., if he were besworn to give testimony if he knows it), and he were a witness, having seen or known — if he does not tell, then he shall bear his sin."], and for "pronouncing with the lips" [(viz. Ibid. 4) If he took an oath that he would not eat and he did eat, or that he would eat and he did not eat; or that he had eaten and he had not eaten, or that he had not eaten and he had eaten]. And for defiling of the sanctuary and its holy things, [entering the sanctuary in a state of tumah or eating of the holy — if they erred in ruling in one of all these, they are not required to bring an offering, neither beth-din nor the anointed priest, because an individual is not required to bring a fixed sin-offering for unwittingness in them.], and the Nassi (i.e., the king,) like them. [If the king were unwitting in one or all of these, he does not bring a he-goat and he is exempt from any offering, for in respect to all of these it is written (Leviticus 5): "And if his hand does not attain, etc." — to exclude (from a sliding-scale offering) a king and a high-priest, who are never poor.] These are the words of R. Yossi Haglili. R. Akiva says: The Nassi is liable for all (to bring a sliding-scale offering), [for in respect to the Nassi it is written (Ibid. 4:26, 5:10): "And the Cohein shall make atonement for him for his sin," and in respect to a sliding-scale offering in respect to "hearing of the voice" and "pronouncing with the lips" and defilement of the sanctuary, it is written "And the Cohein shall make atonement for his sin," to teach that the Nassi is liable for them. As to the anointed priest's being exempt from the offering indicated for "hearing of the voice" and "pronouncing with the lips" and defiling of the sanctuary according to R. Akiva, this is because it is written (Ibid. 6:13): "This is the offering of Aaron and his sons … the tenth part of an ephah" — "This" is a term of exclusion, i.e., the "tenth of an ephah" of the meal-offering of cakes is required for the anointed priest, and no other "tenth of an ephah" is required for him — except the tenth of an ephah mentioned in respect to "hearing the voice," etc., which the anointed priest does not bring. And since Scripture excluded him from the tenth of an ephah, it excluded him also from the two turtle-doves and from all the offerings mentioned there, the section ending (Ibid. 5:13): "And the Cohein shall make atonement for him, for his sin that he has sinned with one of these" — one who gains atonement with one of these gains atonement with all, and one who does not gain atonement with one of these does not gain atonement with all. The halachah is neither in accordance with R. Akiva nor with R. Yossi, but the anointed priest and the Nassi are required to bring a sliding-scale offering for "hearing the voice" and "pronouncing with the lips" and defiling the sanctuary, as indicated later in our Mishnah. As to it being stated "They are not liable for 'hearing the voice,'" which implies neither the beth-din nor the anointed priest, the meaning is that they are not required to bring the bullock which is brought for the other mitzvoth, but they are required to bring the sliding-scale offering.], except for "hearing the voice." For a king does not judge and is not judged; he does not testify and is not testified against.
Bartenura on Mishnah Horayot
[The court] is not obligated [to bring an offering] for [an errant ruling relating to] the hearing of the voice [of adjuration] – That he adjured someone else to make a false oath that he does not know any testimony, as it is written (Leviticus 5), “And if any one sin, in that he heard the voice of adjuration, he being a witness.”
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English Explanation of Mishnah Horayot
Introduction
The main topic of our mishnah is the king (a ruler, see below 3:3) who accidentally transgresses. In Leviticus 4:22-23, we read, “In case it is a chieftain who incurs guilt by doing unwittingly any of the things which by the commandment of the Lord his God ought not to be done, and he realizes his guilt or the sin of which he is guilty is brought to his knowledge he shall bring as his offering a male goat without blemish.” The question asked by our mishnah is for what sins does the king bring this type of sacrifice.
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Bartenura on Mishnah Horayot
For an oath made by an expression – He swore he would not eat and he ate, or that he would eat and he did not eat. Or that he said, “I ate” but he did not eat or he said, “I did not eat” and he ate.
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English Explanation of Mishnah Horayot
[The court] is not obligated [to bring an offering] for [an errant ruling relating to] the hearing of the voice [of adjuration]; for an oath made by an expression, or for impurity relating to the Temple and its holy things. And the ruler is similarly [exempt]; these are the words of Rabbi Yose Hagalili. Rabbi Akiva says; the ruler is liable in the case of all these except that of hearing of the voice [of adjuration], because the king may neither judge nor be judged, neither may he testify nor may others testify against him. This section basically states what we have already learned above. A court that issues an errant ruling is liable to bring a bull as a sin offering only if the transgression was one which if done unwittingly can be atoned for with a sin offering. The three transgressions mentioned in this mishnah are atoned for by sliding scale sacrifices (the rich bring a goat, the middle class bring bird and the poor bring grain, see Leviticus 5 and tractate Shevuoth). The first transgression is the taking of a false oath that he does not know any testimony, called in our mishnah “the hearing of the voice of adjuration”. It is called this because usually someone adjures someone else to take this oath (“I adjure you that you do not know any testimony concerning me”). The second transgression is in regard to an oath of expression. This is when a person swears that he will or will not do something. The third transgression is either entering the Temple impure, or eating holy food while impure. If the court makes an errant ruling with regard to any of these laws, the court is not liable to bring a sin offering.
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Bartenura on Mishnah Horayot
For impurity relating to the Temple and its holy contents – Someone who entered the Temple when he was impure or at something sanctified. If there was a ruling in error on one of these commandments, there is no obligation for the beit din or the high priest to bring a sacrifice because individuals are not obligated to bring a sin-offering when they sin in error.
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English Explanation of Mishnah Horayot
According to Rabbi Yose Hagalili, the same is true if the ruler, or king, accidentally transgressed one of these commandments. The reason is that a sliding scale sacrifice is not applicable to a king, for a king never becomes poor. Leviticus 5:7, 11 state, “But if his means do not suffice”. Since this can never be true of a king, who always has financial means, Rabbi Yose Hagalili concludes that the entire law and sacrifice is not applicable to the king. In other words, the king is not simply in the category of a rich person, because rich people can become poor, while kings do not. Rabbi Akiva disagrees and says that the king can be liable to bring a sliding scale sacrifice for all of these sins, with the exception of oaths of adjuration. Since the king cannot judge or be judged, testify or be testified against, he is considered outside of the framework of the regular legal system. If someone adjures him that he doesn’t know testimony and he swears that he does not know testimony, but in reality he does, he is not liable for a false oath. This is because even if he had admitted that he knows testimony, he cannot testify in a court of law (see Sanhedrin 2:2).
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Bartenura on Mishnah Horayot
And the ruler is similarly [exempt] - A king who accidently transgressed one of these commandments does not bring a goat and is exempt from bringing any sacrifice, because it is written, “And if his means do not suffice” (Leviticus 5:7,11), meaning one who is poor. A king and the high priest will never be poor.
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Bartenura on Mishnah Horayot
Rabbi Akiva says the ruler is liable – Regarding the ruler it is written, (Leviticus 4) “and the priest shall make atonement for him” and the sliding scale sacrifice for hearing the voice of adjuration, making an oath and impurity in the Temple, it is written (Leviticus 5), “and the priest shall make atonement for him” to teach that the ruler is obligated regarding these commandments. The high priest is exempt from the sacrifice needed for hearing the voice of adjuration, making an oath and impurity in the Temple, according to Rabbi Akiva, as it is written, (Leviticus 6) “This is the offering of Aharon . . . the tenth part of an ephah. This excludes it, the “chavitin” offering is required of the high priest and he is not obligated in any other tenth of an ephah, except the tenth of an ephah required for hearing the voice of adjuration, etc. that the high priest does not bring. Because the Torah excludes him from the tenth of an ephah, he is also excluded from bringing two doves and any other sacrifice on this issue. At the end of the parasha it is written, “and the priest shall make atonement for him as touching his sin that he hath sinned in any of these things.” If one atones for one of these commandments he must atone for all of them, because it cannot be that atonement is needed for one but not for all. The law does not follow Rabbi Akiva or Rabbi Yossi’s opinions. Rather, the high priest and the ruler are obligated to bring a sliding scale sacrifice for hearing the voice of adjuration, making an oath and impurity in the Temple, as will be explained in our Mishnah below. When it teaches not obligated on hearing the voice of adjuration, etc., the meaning is not the beit din and not the high priest, both are not obligated to bring a bull for the other commandments, but are obligated to bring a sliding scale sacrifice.
