Horayot 2

הוֹרָה כֹהֵן מָשִׁיחַ לְעַצְמוֹ, שׁוֹגֵג וְעָשָׂה שׁוֹגֵג, מֵבִיא פָר. שׁוֹגֵג וְעָשָׂה מֵזִיד, מֵזִיד וְעָשָׂה שׁוֹגֵג, פָּטוּר, שֶׁהוֹרָאַת כֹּהֵן מָשִׁיחַ לְעַצְמוֹ, כְהוֹרָאַת בֵּית דִּין לַצִּבּוּר:

If the anointed priest [i.e., If the high-priest, anointed with the anointing oil] unwittingly ruled for himself [that something was permitted] and transgressed [by himself] unwittingly [in a thing deliberate transgression of which is liable to kareth], he brings a bullock. (If he ruled) unwittingly and transgressed wittingly, or (ruled) wittingly and transgressed unwittingly, he is exempt. For the ruling of the anointed priest for himself is like the ruling of beth-din for the congregation.

הוֹרָה בִפְנֵי עַצְמוֹ וְעָשָׂה בִפְנֵי עַצְמוֹ, מִתְכַּפֵּר לוֹ בִפְנֵי עַצְמוֹ. הוֹרָה עִם הַצִּבּוּר וְעָשָׂה עִם הַצִּבּוּר, מִתְכַּפֵּר לוֹ עִם הַצִּבּוּר, שֶׁאֵין בֵּית דִּין חַיָּבִים עַד שֶׁיּוֹרוּ לְבַטֵּל מִקְצָת וּלְקַיֵּם מִקְצָת, וְכֵן הַמָּשִׁיחַ. וְלֹא בַעֲבוֹדָה זָרָה, עַד שֶׁיּוֹרוּ לְבַטֵּל מִקְצָת וּלְקַיֵּם מִקְצָת:

If he ruled for himself and transgressed by himself, he receives atonement by himself, [i.e., he must bring a bullock by himself.] If he ruled with the congregation [If he were one of the Sanhedrin, who ruled unwittingly], and he transgressed with the congregation, he receives atonement with [the bullock of forgetfulness] of the congregation, [and he does not require another offering. For I might think that just as on Yom Kippur he does not receive atonement with the congregation, it being written (Leviticus 16:11): "And he shall slaughter the bullock of the sin-offering which is his," here, too, he would need an offering of his own; we are, therefore, apprised that this is not so, deriving it from (Ibid. 4:3): "For his sin which he has sinned" — For the sin which is distinctive with him he brings an offering of his own, but for a sin which is not distinctive with him, he dos not bring an offering of his own. And it follows that the anointed priest should receive atonement with the congregation,[ for beth-din is not liable until it rules to nullify part and to fulfill part, and thus with the anointed priest, [whence it is seen that they equated the anointed priest with beth-din in all respects. Therefore, when he ruled with the congregation, it follows that he should be equated with the congregation and receive atonement with the congregation.] And they are not liable (to bring an offering) for idolatry until they rule to annul part and to fulfill part. [Because it is written in respect to the other mitzvoth (Leviticus 4:13): "and a thing be hid from the eyes of the congregation," and, in respect to idolatry (Numbers 15:24): "And it shall be, if by the eyes of the congregation, etc." — (we conclude:) Just as with other mitzvoth (an offering is brought) only if a thing were annulled and not the entire body (of the mitzvah), so, with idolatry, a "thing," and not the entire body.]

אֵין חַיָּבִין אֶלָּא עַל הֶעְלֵם דָּבָר עִם שִׁגְגַת הַמַּעֲשֶׂה, וְכֵן הַמָּשִׁיחַ. וְלֹא בַעֲבוֹדָה זָרָה, אֵין חַיָּבִין אֶלָּא עַל הֶעְלֵם דָּבָר עִם שִׁגְגַת הַמַּעֲשֶׂה. אֵין בֵּית דִּין חַיָּבִין עַד שֶׁיּוֹרוּ בְדָבָר שֶׁזְּדוֹנוֹ כָרֵת וְשִׁגְגָתוֹ חַטָּאת. וְכֵן הַמָּשִׁיחַ. וְלֹא בַעֲבוֹדָה זָרָה, עַד שֶׁיּוֹרוּ עַל דָּבָר שֶׁזְּדוֹנוֹ כָרֵת וְשִׁגְגָתוֹ חַטָּאת:

They are not liable unless there be forgetfulness of the thing and unwittingness in act [i.e., If beth-din ruled (wrongly) for the congregation in one of all of the mitzvoth, they are not liable for a bullock of forgetfulness of the congregation, unless there be forgetfulness of the thing (that is, if their ruling were mistaken and the halachah escaped them), together with unwittingness in act, i.e., if most of the congregation erred and transgressed by their ruling, it being written (Leviticus 4:13): "And if the whole congregation of Israel err and the thing be hid" — unwittingness in the act and forgetfulness of the thing (the halachah)]. And thus with the anointed priest. [He is not liable for an offering unless the din escaped him. And they are not liable unless there be forgetfulness of the thing together with unwittingness in act [as with all the other mitzvoth; for we derive idolatry from the other mitzvoth by identity "by the eyes" — "by the eyes," as written above.] Beth-din are not liable unless they rule (wrongly) on a thing whose witting transgression is punishable by kareth and whose unwitting transgression requires a sin-offering (except for five of them whose unwitting transgression does not require a sin-offering: circumcision and the Pesach offering — Because they are positive commandments, even though their witting transgression is punishable by kareth, their unwitting transgression does not require a sin-offering, in respect to which it is written (Leviticus 4:13) "one of all the mitzvoth of the Torah which are not to be done"; and blaspheming, because it does not involve an act and Scripture write of a sin-offering (Numbers 15:29): "for him who acts unwittingly" — excluding blaspheming, where there is no act. And for defiling the sanctuary and its holy things, unwitting transgression requires (not a sin-offering, but) a sliding-scale offering, as mentioned in Leviticus. For all of these, beth-din and the anointed priest do not bring a sin-offering for unwitting transgression. We find, then, all the mitzvoth for which beth-din and the anointed priest bring an offering to total thirty-one, witting transgression of which is punishable by kareth, and unwitting transgression requiring a fixed sin-offering.] And thus with the anointed priest. And they are not liable (to bring an offering) for idolatry until they rule on something whose witting transgression is punishable by kareth and whose unwitting transgression requires a sin-offering.

אֵין חַיָּבִין עַל עֲשֵׂה וְעַל לֹא תַעֲשֶׂה שֶׁבַּמִּקְדָּשׁ, וְאֵין מְבִיאִין אָשָׁם תָּלוּי עַל עֲשֵׂה וְעַל לֹא תַעֲשֶׂה שֶׁבַּמִּקְדָּשׁ. אֲבָל חַיָּבִין עַל עֲשֵׂה וְעַל לֹא תַעֲשֶׂה שֶׁבַּנִּדָּה, וּמְבִיאִין אָשָׁם תָּלוּי עַל עֲשֵׂה וְעַל לֹא תַעֲשֶׂה שֶׁבַּנִּדָּה. אֵיזוֹ הִיא מִצְוַת עֲשֵׂה שֶׁבַּנִּדָּה, פְּרֹשׁ מִן הַנִּדָּה. וּמִצְוַת לֹא תַעֲשֶׂה, לֹא תָבֹא אֶל הַנִּדָּה:

There is no liability (for a sin-offering) for a positive commandment and a negative commandment in the sanctuary. [If beth-din ruled and erred in the tumah of the sanctuary and its holy things they are not liable for a congregational offering. ("for a positive commandment"): as when one became tamei in the sanctuary, it being a mitzvah for him to leave by the short way, and he lingered and left by the long way, he incurs kareth. And if beth-din ruled for him to leave by the long way, they are not liable for an offering, for there is no sin-offering for this unwittingness; that is, if an individual transgressed this unwittingly and left by the long way, he is not liable for a sin-offering but for a sliding-scale offering. ("and a negative commandment":) not to enter the sanctuary in a state of tumah.] And a suspended guilt-offering is not brought for a positive commandment and a negative commandment in the sanctuary. [For, everything whose unwitting transgression requires a fixed sin-offering, requires for his unknowingness a suspended gilt-offering, and sanctuary uncleanliness, since its unwitting transgression does not require a sin-offering, his unknowingness does not require a suspended guilt-offering.] But there is liability for a positive commandment and a negative commandment in niddah [("for a positive commandment":) If a man were living with a clean woman, and she said to him "I have become unclean," now at the time of cohabitation, it is a mitzvah for him to separate. But he is not to separate immediately, for such separation is as pleasurable to him as cohabitation. But "he sticks his nails in the ground" and waits until the organ has "died" and separates without hardness. This is the "positive commandment" of niddah. And if beth-din erred in this ruling and ruled that he separate immediately, they are required to bring a bullock of forgetfulness, because an individual is required to bring a sin-offering for unwittingness.] Which is the positive commandment in niddah? Separate from the niddah. And which is the negative commandment? Do not cohabit with a niddah.

אֵין חַיָּבִין עַל שְׁמִיעַת הַקּוֹל, וְעַל בִּטּוּי שְׂפָתַיִם, וְעַל טֻמְאַת מִקְדָּשׁ וְקָדָשָׁיו. וְהַנָּשִׂיא כַּיּוֹצֵא בָהֶם, דִּבְרֵי רַבִּי יוֹסֵי הַגְּלִילִי. רַבִּי עֲקִיבָא אוֹמֵר, הַנָּשִׂיא חַיָּב בְּכֻלָּן חוּץ מִשְּׁמִיעַת הַקּוֹל, שֶׁהַמֶּלֶךְ לֹא דָן וְלֹא דָנִין אוֹתוֹ, לֹא מֵעִיד וְלֹא מְעִידִין אוֹתוֹ:

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.

כָּל הַמִּצְוֹת שֶׁבַּתּוֹרָה שֶׁחַיָּבִין עַל זְדוֹנָן כָּרֵת וְעַל שִׁגְגָתָן חַטָּאת, הַיָּחִיד מֵבִיא כִשְׂבָּה וּשְׂעִירָה, וְהַנָּשִׂיא שָׂעִיר, וּמָשִׁיחַ וּבֵית דִּין מְבִיאִין פָּר. וּבַעֲבוֹדָה זָרָה, הַיָּחִיד וְהַנָּשִׂיא וְהַמָּשִׁיחַ מְבִיאִין שְׂעִירָה, וּבֵית דִּין פַּר וְשָׂעִיר, פַּר לְעוֹלָה וְשָׂעִיר לְחַטָּאת:

For all the mitzvoth in the Torah whose witting transgression is punishable by kareth and whose unwitting transgression requires a sin-offering, the individual brings a she-lamb and a she-goat; the Nassi, a he-goat, and the anointed priest and beth-din, a bullock. And, for idolatry, the individual, the Nassi and the anointed priest bring a she-goat, [it being written (Numbers 15:27): "And if one soul sin (the sin of idolatry) in error, he shall bring a she-goat," after which it is written (29): "One Torah shall there be for you for him who acts unwittingly" — all of them are equated for this offering.]; and beth-din bring a bullock and a he-goat, a bullock for a burnt-offering and a he-goat for a sin-offering.

אָשָׁם תָּלוּי, הַיָּחִיד וְהַנָּשִׂיא חַיָּבִין, וּמָשִׁיחַ וּבֵית דִּין פְּטוּרִים. אָשָׁם וַדַּאי, הַיָּחִיד וְהַנָּשִׂיא וְהַמָּשִׁיחַ חַיָּבִין, וּבֵית דִּין פְּטוּרִין. עַל שְׁמִיעַת הַקּוֹל וְעַל בִּטּוּי שְׂפָתַיִם וְעַל טֻמְאַת מִקְדָּשׁ וְקָדָשָׁיו, בֵּית דִּין פְּטוּרִין, וְהַיָּחִיד וְהַנָּשִׂיא וְהַמָּשִׁיחַ חַיָּבִין, אֶלָּא שֶׁאֵין כֹּהֵן גָּדוֹל חַיָּב עַל טֻמְאַת מִקְדָּשׁ וְקָדָשָׁיו, דִּבְרֵי רַבִּי שִׁמְעוֹן. וּמָה הֵן מְבִיאִין, קָרְבָּן עוֹלֶה וְיוֹרֵד. רַבִּי אֱלִיעֶזֶר אוֹמֵר, הַנָּשִׂיא מֵבִיא שָׂעִיר:

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.]