פירוש על כריתות 2:2

הבא על שפחה חרופה (someone who has sexual relations with a designated maidservant – who is half-slave and half-free and betrothed to a Hebrew slave) – as it states in Scripture (Leviticus 19:22): “With the ram of reparation offering the priest shall make expiation [before the LORD},” and further it is written, “and the sin that he committed will be forgiven him,” to include a willful transgression like that of an inadvertent sin.

Introduction Usually a person brings a sacrifice only when s/he transgresses unwittingly. For instance, if one willfully breaks Shabbat, one does not bring a sacrifice. But if one didn’t know that a certain act is forbidden on Shabbat and then he performed that act, he can bring a sacrifice to atone for the transgression. However, there are four cases in which a person must bring a sacrifice even if he intentionally transgresses.

ונזיר שנטמא – as it is written (Numbers 6:9): “If a person suddenly dies near him,” – פתע/aforethought – this is inadvertently, and similar it says (umbers 35:22): “Or if he pushed him without malice aforethought,” -פתאום/suddenly – this is willful, but there is no punishment other than through willful [transgression].

The following bring a sacrifice for willful as well as for inadvertent transgressions:
One who has intercourse with a female slave, This shall be explained in mishnayot 4-5 of this chapter.

ועל שבועת העדות – a sliding-scale offering that is stated for the oath of testimony (i.e., if a plaintiff claims that witnesses have information supporting his case and requests that they testify on his behalf, and they refuse to testify and deny that they have this information, they are required to take an oath to that effect. If the oath of testimony was taken falsely, they are required to bring a sin-offering as an atonement.), Scripture requires on the willful offender like the one who acted inadvertently, for it all of them it is stated in all of them, "ונעלם" /”and the fact has escaped him” (Leviticus 5:4), but here, it does not state, “ונעלם”/:”and the fact has escaped him.” (see also Tractate Shevuot, Chapter 4, Mishnayot 1-2).

A nazirite who has become unclean, A nazirite is not supposed to defile himself through contact with a dead body (see Numbers 6:9-12). If he does he must bring two sacrifices a hatat and an olah. He is liable for these sacrifices even if he intentionally comes into contact with the dead.

ועל שבועת הפקדון – the guilt offering that is mentioned in the oath of a deposit (i.e., an oath taken with the intention of falsely denying a deposit or a debt. One who owes another money or property and denies his obligation, whether the false oath was deliberate or the result of an honest mistake must repay his debt and add one-fifth to it, and he must bring a ram as a guilt-offering) is liable for it for willful/intention transgression like one who does it unintentionally, that is derived [by verbal analogy/Gezerah Shavah see Tractate Shevuot, Chapter 5, Mishnah 1), that they derive תחטא תחטא through verbal aalogy (Leviticus 5:21-22 and Leviticus 5:1): “When a person sins/תחטא and commits a trespass against the LORD by dealing deceitfully with his fellow in the matter of a deposit or a pledge, or through robbery, or by defrauding his fellow; 22)or by finding something lost and lying about it; if he swears falsely regarding any of the various things that one may do and sin thereby (from the Oath of Testimony – Leviticus 5:1 –"ונפש כי תחטא"/”if a person incurs guilt – [when he has heard a public imprecation and – although able to testify as one who has either seen or learned of the matter – he does not give information, so that he is subject to punishment).

For a false oath concerning testimony; If a person swears that he does not know any testimony for another person, and it turns out that he did know testimony, he must bring a sacrifice to atone for his sin. By its very nature, this false oath had to have been done intentionally, and therefore we have another case of a person who brings a sacrifice for an intentional sin. This topic was discussed in Shevuot 4:2-5.

And for a false oath concerning a deposit. If a person swears falsely that someone else’s property was not deposited with him, and then it turns out that he was lying, he brings a sacrifice. Again, by its very nature this is an intentional sin. This topic was discussed in Shevuot 5:1-2.