Rabbi Akiva deems one liable for an <i>Asham Talui</i> [a guilt-offering brought upon possible commission of a sin] for doubtful <i>Me'ilah</i> [misuse of consecrated property], but the Sages exempt [him]. And Rabbi Akiva admits that one does not pay his <i>Me'ilah</i> restitution until he becomes aware, whereupon he brings a certain <i>Asham</i> [an offering brought to alleviate guilt] with it. Rabbi Tarfon said: Why should he have to bring two <i>Ashamot</i>? Rather, let him bring the principal of the <i>Me'ilah</i> restitution [the value of the object he misused] with an [added fifth], and bring an <i>Asham</i> [a ram] worth two <i>Sela</i> [a <i>Sela</i> is a coin worth four <i>Dinar</i>] and say: If I committed <i>Me'ilah</i>, here is my restitution and this is my <i>Asham</i>; and if it [remains] uncertain, let the money be a donation and the [offering an] <i>Asham Talui</i>. [This is possible] since one brings the same type [of animal] for a case where [his behavior] is not known as one does where [his behavior] is known.
Bartenura on Mishnah Keritot
ספק מעילות – it is doubtful if he benefited from that which is dedicated to a sacred purpose or didn’t benefit from it.
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English Explanation of Mishnah Keritot
Introduction
“Sacrilege” refers to one who makes illicit use of Temple property. For instance, he eats meat from an animal that was sacrificial. The penalty for doing this is that he must bring an asham, and he must pay the value of that which he benefited, and he must also add an extra fifth to the restitution. Our mishnah deals with a person who may or may not have committed sacrilege.
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Bartenura on Mishnah Keritot
וחכמים פוטרים – that regarding a sin-offering, it is written (Leviticus 4:27): “[If any person from among the populace unwittingly incurs guilt by doing any of the things which by the LORD’s] ממצות/commandments [ought not be done, and he realizes his guilt]” and regarding a suspensive guilt-offering , it is written (Leviticus 5:14): “[And when a person, without knowing it, sins in regard to any of the LORD’s] מצות/commandments [about things not to be done, and then realizes his guilt, he shall be subject to punishment],” all who are liable for an inadvertent act a sin-offering, are liable on not his not being aware [of having sinned], a suspensive guilt-offering, but one who benefits from that which is dedicated to a sacred purpose where he is not liable for a sin-offering on his inadvertent act but rather, an unconditional guilt-offering, he is not liable for a suspensive guilty when he was not aware/was not informed about a sin.
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English Explanation of Mishnah Keritot
Rabbi Akiva declares one liable to an asham talui for sacrilege; But the sages declare him exempt. Rabbi Akiva says that one who might have committed sacrilege must bring an asham talui. The other rabbis disagree because they hold that one brings an asham talui only for sins for which one brings a hatat if one knows one did that he sinned (see 1:2). Since the sacrifice for sacrilege is an asham and not a hatat, there can be no asham talui for a case of uncertainty.
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Bartenura on Mishnah Keritot
שאינו מביא את מעילתו – he does not need to bring the money [as his penalty].
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English Explanation of Mishnah Keritot
Rabbi Akiba admits that he does not bring his restitution money until he becomes aware [of his trespass], when he must bring with it a certain asham. Rabbi Akiva holds that when one might have committed sacrilege he brings the asham talui immediately. However, he need not restore the value of the benefit he illicitly derived until he is certain that he committed sacrilege. At this point he will bring the restitution money, and a certain asham.
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Bartenura on Mishnah Keritot
שתי אשמות – that if he had been aware that he had sinned after he brought the suspensive guilt-offering, he then needs to bring a definitive guilt-offering.
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English Explanation of Mishnah Keritot
Rabbi Tarfon: Why should he bring two ashams? Rather, let him set aside the principal with an added fifth, and bring an asham the value of two sela's and stipulate: “If I did commit sacrilege, here is my restitution and this my asham; and if the sacrilege was doubtful, let the money be a freewill gift and the [offering an] asham talui;” since the same type of sacrifice he brings for a case where he doesn’t know, he brings for one where he does know. Rabbi Tarfon agrees with Rabbi Akiva on principle that one who might have committed sacrilege would have to bring an asham talui. However, there is an additional problem here that there is not for the regular asham talui. In other cases, when he finds out for certain that he sinned, he brings a hatat. In our case, he would end up bringing two ashams, which strikes Rabbi Tarfon as unreasonable or unnecessary. To avoid this problem he suggests a way of bringing one asham and making a stipulation, that if he did sin, then the asham is a certain asham and the restitution is his restitution. If he never finds out whether he sinned, then the asham is an asham talui, and the money will go towards buying freewill offerings. The reason that he can do can do this is that both ashams are of the same type of animal a two year old male ram. The hatat is of a different type, and therefore one could not make such a stipulation in other cases.
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Bartenura on Mishnah Keritot
יביא מעילה וחומשה – the principal of the money when it was doubtful to him if he had benefited from it and his added fifth.
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Bartenura on Mishnah Keritot
בשתי סלעים – a ram that is purchased for two Selaim (see Tractate Zevakhim, Chapter 10, Mishnah 5), as it is written (Leviticus 5:15): “[When a person commits a trespass , being unwittingly remiss about anu of the LORD’s sacred things, he shall bring as his penalty to the LORD a ram without blemish from the flock,] convertible into payment in silver [by the sanctuary weight, as a reparation (i.e., guilt) offering].”
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Bartenura on Mishnah Keritot
ואם ספק – this is what he said, but if in his doubt he always stands, it will be a suspensive guilt-offering.
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Bartenura on Mishnah Keritot
שממין שמביא על הודע מביא על לא הודע – therefore, he is able to bring and to benefit. And the Halakha is according to the Sages.
