[If] one was in doubt whether he ate forbidden fat or not; [or] even [if] one was in doubt whether he ate the minimum amount [in a case where he certainly] did eat; [or if there were] permitted fat and forbidden fat before him, and he ate one of them and does not know which of them he ate; [or if] his wife and his sister were with him in the house and he unthinkingly [had relations] with one of them and does not know with which of them he unthinkingly [had relations]; or if he performed a <i>Melakhah</i> [a constructive activity forbidden on Shabbat and festivals] and does not know whether he did it on Shabbat or a weekday; he brings an <i>Asham Talui</i> [a guilt-offering brought upon possible commission of a sin].
Bartenura on Mishnah Keritot
ספק אכל חלב ספק לא אכל – and how is this to be understood? As, for example, forbidden fat and permitted were before him and he ate one of them, as is taught in the ending clause. And it is specified as it explains: It is doubtful whether he at forbidden fat and it is doubtful that he did not eat it. How so? As, for example, that the forbidden fat and permitted fat were before him and there is a fixed prohibition. But if there was before him one piece, it is doubtful whether it is forbidden fat and doubtful that it is permitted fat and he ate it, he is exempt. For the prohibition was not fixed.
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English Explanation of Mishnah Keritot
Introduction
This mishnah returns to the subject of the “asham talui.” This is a guilt offering brought by one who is not sure if he transgressed.
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Bartenura on Mishnah Keritot
ואפילו אכל – that it was definitely forbidden fat, but doubtful that had an olive’s bulk, as for example at the time that he ate it, he thought that it was permitted fat, and afterwards it became known to him that it is forbidden fat, but it is doubtful that it has or does not have an olive’s bulk.
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English Explanation of Mishnah Keritot
If [a person was] in doubt whether he had eaten forbidden fat or not, or even if he had certainly eaten [of it] but [was] in doubt as to whether it had the requisite quantity or less; or [if there were] before him permitted fat as well as forbidden fat, and he ate of one of them and does not know of which of them he ate; These are various scenarios in which a person is not sure whether he ate forbidden fat (helev) and even if he did eat forbidden fat, he is not sure if he ate enough to make him liable for a hatat.
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Bartenura on Mishnah Keritot
אכל א אאחד מהן – but he thought that it was permitted fat, and afterwards it became known that the one was forbidden fat, but this one doesn’t know which he ate, he brings an uncertain guilt-offering (i.e., a sacrifice brought by someone who is uncertain as to whether he committed a sin that requires a sin offering). But, if at the time of eating he had a doubt, and he willfully acted and ate from doubt, this is willful behavior and he is exempt.
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English Explanation of Mishnah Keritot
Or if his wife and his sister were with him in the house and he unwittingly [had sex] with one of them and does not know with which of them he unwittingly [had sex]; In this (albeit hard to imagine scenario) a man is not sure whether he had sex with his wife or sister (for whom he would be liable a hatat).
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Bartenura on Mishnah Keritot
שגג באחת מהן – in thinking that this is wife, and afterwards he was in doubt which of them was, he brings the uncertain guilt-offering.
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English Explanation of Mishnah Keritot
Or if he did forbidden labor and does not know whether it was on Shabbat or on a weekday, Here, he is not sure if he did the forbidden labor on Shabbat or on a weekday (perhaps he was traveling and lost track of the days of the week).
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English Explanation of Mishnah Keritot
He is liable for an asham talui. In each of these cases he cannot bring a hatat, because perhaps he did not transgress. Therefore, he brings an asham talui, which will offer him atonement in case he did transgress. If later he finds out for sure that he did transgress, then he will have to bring a hatat.
