Mishnah
Mishnah

Quoting%20commentary for Shevuot 2:5

רַבִּי אֱלִיעֶזֶר אוֹמֵר, הַשֶּׁרֶץ וְגוֹ' וְנֶעְלַם מִמֶּנּוּ (ויקרא ה), עַל הֶעְלֵם שֶׁרֶץ חַיָּב, וְאֵינוֹ חַיָּב עַל הֶעְלֵם מִקְדָּשׁ. רַבִּי עֲקִיבָא אוֹמֵר, וְנֶעְלַם מִמֶּנּוּ וְהוּא טָמֵא (שם), עַל הֶעְלֵם טֻמְאָה חַיָּב, וְאֵינוֹ חַיָּב עַל הֶעְלֵם מִקְדָּשׁ. רַבִּי יִשְׁמָעֵאל אוֹמֵר, וְנֶעְלַם וְנֶעְלַם שְׁתֵּי פְעָמִים, לְחַיֵּב עַל הֶעְלֵם טֻמְאָה וְעַל הֶעְלֵם מִקְדָּשׁ:

R. Eliezer says (Leviticus 5:2): "…creeping thing (sheretz) … and it be hidden from him": He is liable for "hiddenness" of creeping thing, and he is not liable for hiddenness of the sanctuary. [It is written: "…or (if he touch) the carcass of an unclean creeping thing and it be hidden from him." This is a superfluous verse, for above it is written: "Or if a soul touch any unclean thing" and "sheretz" is included in "unclean thing." This is to apprise us that if he knew for a certainty that he had become unclean, but did not know if through a sheretz or though carrion (neveilah), he is not liable for an offering if he ate sanctified food; he must know through which he became unclean.] R. Akiva says: "…and it be hidden from him and he is unclean": He is liable for hiddenness of uncleanliness, but he is not liable for hiddenness of the sanctuary. R. Yishmael says: "and it be hidden" is written twice (verses 2 and 3), to make one liable for hiddenness of uncleanliness and for hiddenness of sanctuary. [R. Akiva holds that since he knew for a certainty that he had become unclean, even though the specific type of uncleanliness — sheretz or neveilah — is not known to him, he is liable. And both (R. Eliezer and R. Akiva) exempt him for hiddenness of sanctuary, and R. Yishmael holds him liable. The halachah is in accordance with R. Yishmael.]

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