Asham talui (a suspended guilt-offering) [Transgressions which, if committed wittingly, are punishable by kareth, and, if unwittingly, require a fixed sin-offering, require for unknowingness an asham talui, e.g., (if there were) two olive-sizes, one of forbidden fats and one of permitted fats, and he ate one of them, but he does not know which one] — the individual and the Nassi are liable, and the anointed priest and beth-din are exempt, [it being written in respect to a congregational offering (Leviticus 4:14): "If the sin became known … then the congregation shall offer, etc." — they require an offering only for knowingness (and the anointed priest is like beth-din)]. A certain guilt-offering [(There are five guilt-offerings, which are offered for certain transgression: asham me'iloth for abuse of sacred property; asham gezeiloth for abuse of private property; asham nazir for interrupting the period of Nazaritism; asham metzora, the guilt-offering of a leper; asham shifchah charufah for living with a maidservant betrothed to another man] — the individual and the Nassi and the anointed priest are liable; [for all of these pertain to the individual, whether a plain person, an anointed priest, or a Nassi], and beth-din are exempt [for these have nothing to do with the ruling of beth-din, and there is no asham for the ruling of beth-din.] For "hearing the voice," "pronouncing with the lips" and defiling the sanctuary and its holy things, beth-din are exempt, and the individual, and the Nassi and the anointed priest are liable; but the anointed priest is not liable for defiling the sanctuary and its holy things. These are the words of R. Shimon. [The rationale of R. Shimon: It is written in respect to the defiling of the sanctuary (Numbers 19:20): "And a man, if he becomes unclean and does not purify himself, that soul shall be cut off from the midst of the congregation" — he whose sin is equivalent to that of the congregation, excluding the high-priest, whose sin is not equivalent to that of the congregation. For, as to the congregation, whoever of them enters the sanctuary unwittingly or transgresses unwittingly is liable for unwittingness of act alone whereas the anointed priest is liable only for forgetfulness of the (forbidden) thing together with unwittingness of act, as stated above in our chapter.] These are the words of R. Shimon [The halachah is not in accordance with R. Shimon, but a high-priest also brings a sliding-scale offering for defiling the sanctuary and its holy things.] And what offering do they bring? A sliding-scale offering. R. Eliezer says: The Nassi brings a he-goat for defiling the sanctuary and its holy things, because they are liable to kareth for witting transgression, just as he brings a he-goat for other mitzvoth which are liable to kareth for witting transgression. The halachah is not in accordance with R. Eliezer, for since they are not liable to bring a fixed sin-offering for unwitting defilement of the sanctuary and its holy things, the Nassi brings only what the individual brings.]
Bartenura on Mishnah Horayot
Asham talui – Commandments for which wilful transgressions receive the punishment of “karet” and accidental transgressions must bring a sin-offering, when there is doubt whether or not there was a transgression an asham talui must be brought, i.e. two amounts, one of forbidden fat and one of permissible fat and he does not know which one he ate.
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English Explanation of Mishnah Horayot
Introduction
Mishnah six compared the sin offerings offered for unwitting transgressions that the individual, the ruler, the high priest and the court bring. Mishnah seven compares these parties with regard to the asham talui (see above 2:4), the asham vadai and the sliding scale sacrifice (see above 2:5). An asham vadai is a guilt offering. There are five different situations in which a person must bring an asham vadai: 1) for robbery (Lev 5:21-25; 2) for illegal use of sacred property (Lev 5:14-16); 3) for relations with an betrothed slave woman (Lev 19:20-22); 4) a nazir (Num 6:9-12); 5) a leper (Lev 14:10-12).
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Bartenura on Mishnah Horayot
But the anointed priest and the court are exempt – As it is written about a communal sacrifice (Leviticus 4), “when the sin wherein they have sinned is known, then the assembly shall offer.” There is no obligation to bring a sacrifice unless the sin is clearly known. And the law for the high priest is like that for the beit din.
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English Explanation of Mishnah Horayot
The individual and the ruler are both obligated to bring an asham talui, but the anointed priest and the court are exempt. The individual and the ruler and the anointed priest are obligated to bring an asham vadai, but the court is exempt. For 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, the court is not obligated but the individual, the ruler and the anointed priest are obligated. Except that the anointed priest is not liable for impurity relating to the Temple and its holy things; these are the words of Rabbi Shimon. What do they bring? A sliding scale sacrifice. With regard to the asham talui, the king is like any individual Israelite. If he may (or may not) have transgressed a commandment which is punishable by kareth, he brings an asham talui. However, the high priest and the court, if they made a ruling and they do not know if they erred, do not bring an asham talui. In other words, for the court or high priest to be liable for their errant ruling, it must be certain that they did so.
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Bartenura on Mishnah Horayot
Asham vadai – An asham vadai offering is required for five matters: for robbery (Leviticus 5:21-25); 2) for illegal use of sacred property (Leviticus 5:14-16); 3) for relations with a betrothed slave woman (Leviticus 19:20-22); 4) a nazir (Numbers 6:9-12); 5) a person who had tzara’at (Leviticus 14:10-12).
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English Explanation of Mishnah Horayot
Rabbi Eliezer says: the ruler brings a goat. All individuals, even a high priest, who unwittingly transgress one of the five commandments which are atoned for by an asham vadai, must bring the asham. However, if the court issues an errant ruling with regard to one of these commandments, and the people follow their errant ruling, the court does not bring an asham vadai, nor do they bring any sacrifice. They are liable to bring a bull as a sin offering only if they issue an errant ruling about a commandment punishable by kareth and atoned for by a sin offering (and not a guilt offering).
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Bartenura on Mishnah Horayot
The individual and the ruler and the anointed priest are obligated – Because each of these is the act of an individual. There is no difference between a layman, a high priest and a ruler.
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English Explanation of Mishnah Horayot
As we learned in mishnah five, if the court issues an errant ruling with regard to a commandment atoned for by a sliding scale sacrifice, they are not liable. If, however, if an individual, king or high priest were to transgress one of these commandments, he must bring a sliding scale sacrifice. The one exception is that the high priest is not obligated to bring a sliding scale sacrifice if he transgresses a commandment involving the purity of the Temple and its holy things. The mishnah now asks what type of sacrifice the king or the anointed priest brings should he transgress one of these commandments. According to the first opinion, they bring a sliding scale sacrifice, as do all regular Israelites. Rabbi Eliezer holds that the king brings a goat.
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Bartenura on Mishnah Horayot
But the court is exempt – Because a beit din ruling has no bearing on these acts. And the beit din does not bring an asham offering.
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Bartenura on Mishnah Horayot
Except that the anointed priest is not liable for impurity relating to the Temple and its holy things; these are the words of Rabbi Shimon – Rabbi Shimon’s meaning is that it is written “impurity relating to the Temple” (Numbers 19) and a person who is impure and transgresses, his soul will be cut off from the congregation. One who sins is equal to the congregation, but the high priest’s sin is not equal to the congregation. If any of the congregation accidentally transgresses by entering the Temple or transgressed accidentally, he is obligated only for the accidental transgression. The high priest is obligated only to bring a bull for an error-in-judgment (para ha’elem davar) sacrifice when he accidentally transgresses, as proven above. The law does not follow Rabbi Shimon’s opinion; rather, the high priest brings a sliding scale sacrifice even for impurity in the Temple and of its contents.
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Bartenura on Mishnah Horayot
Rabbi Eliezer says: the ruler brings a goat – For impurity in the Temple and of its contents, because wilful transgression of these is liable for “karet.” Just as the ruler brings a goat for transgression of other commandments for which the punishment is “karet.” The law does not follow Rabbi Eliezer’s opinion because there is no obligation to bring a sin-offering for accidental transgression of impurity in the Temple and the ruler brings a sacrifice in the same way as an individual.
