תלמוד על כריתות 2:7

Rebbi Mana understood it²⁵That the Sages and R. Jehudah do not agree about the weight of a person’s disclaimer as against two witnesses to his actions. from the following²⁶Mishnah Keritut 3:1.: “They told him, if he wishes, he says that he did it intentionally.” What can he say for an assigned slave girl²⁷Lev. 19:20–22, the case of a man sleeping with a slave girl assigned as a future wife to another free man. As long as the girl is not totally freed, she cannot marry the man to whom she is assigned. Therefore, her relations with another man are not adultery. A reparation offering is required from the man. This is one of the few cases in which a sacrifice is possible for deliberate sin.? In error²⁸If in the dark he thought that she was his wife., he is obligated; intentionally²⁹This is the case treated by the verse. If he denies the accusation by two witnesses, one cannot take his denial as assertion that he did it but already had remedied the situation., he is obligated! He can tell him, I touched her but did not finish³⁰This is a first explanation: A sacrifice is due only if there was an ejaculation of semen (v. 20). If he took the slave girl to bed but stopped before there was an ejaculation, no sacrifice is due., or as Rebbi Simeon ben Laqish said, I was forced to it by the spell she put on me³¹He disclaims responsibility by reason of temporary insanity caused by the girl’s charms. This is enough to support his disclaimer against even two witnesses.. For a nazir³²Exposed to the impurity of the dead; the case of the Mishnah. what can you say? In error, he is obligated; intentionally, he is obligated; forced, he is obligated! “Suddenly”, to include in error, “suddenly”, to include intentionally³³This is proof that the nazir must bring his sacrifices even if forced. The reference is to Num. 6:9. In all other sources, Sifry Num. 28 [= Num. rabba 10(31)], Babli Keritut 9a, the inference is from the double expression “if a person should die near him suddenly,unexpectedly …” “Suddenly” is taken to refer to accidental impurity, “unexpectedly” to outside force (Sifry) or outside force and intention (Babli).. “There was a condition in my mind that if I should become impure, my nezirut should burst away from me and a new nezirut would fall on me”; in any case he was not obligated to be a nazir until now³⁴Since the vow of nezirut could have been formulated in a way that eliminates the possibility of a sacrifice for impurity, the testimony of the witnesses can be explained away.. (“There was a condition in my mind that if I should become impure, my nezirut should burst away from me and a new nezirut would fall on me”; in any case he was not obligated to be a nazir until now.)³⁵A case of dittography. What do you have in case of an oath³⁶If two witnesses tell a person that he owes a sacrifice because he has violated an oath imposed on him by other people (Lev. 5:1,4). How can he be believed if he denies the accusation?? In error, he is obligated; intentionally, he is obligated³⁷Mishnah Keritut 2:2.! A condition may apply to words³⁸If he undertakes anything, he may add conditions. If others (usually a court of law) impose an oath on him, he swears according to their understanding, rather than his own.; there is no condition for oaths! It follows what Rebbi Abba said, Rav Jehudah: For error, its sacrifice, for intention, its sacrifice. But if he said, I thought that this was no oath, he is free³⁹Here, there may be a case in which no sacrifice can be demanded if the interested party denies their obligation.. Therefore, all these subjects cannot be stated, but the following can be stated⁴⁰In all cases discussed so far, the Sages cannot disagree with R. Jehudah; that is possible only in the cases dealt with in the next paragraph..

There⁹⁷Mishnah Keritut 2:4. “Incest” always includes adultery., we have stated: “In all matters of incest, He made him who touches⁹⁸The man whose genital touches the woman’s. This is a technical term, cf. Yebamot Chapter 6, Note 11. equal to him who completes and one is guilty for each single intercourse⁹⁹This refers to the rules concerning a slave girl (Lev. 19:20–22) who according to some opinions is partially manumitted (cf. Babli Keritut11a.). The Babli’s tradition eliminates the rules from practical importance by restricting them to a girl living with a Hebrew slave. Since the institution of Hebrew slaves was abolished with the Babylonian exile, never to be reinstituted, the frequent discussions of the rules are purely theoretical. However, in Sifra Qedošim Pereq 5(1), at least one opinion describes the slave girl engaged to a free man in the expectation of her manumission.
As a slave, the girl can not marry and therefore she is free to have guiltless sex with any man not a Jew (cf. Terumot Chapter 8, Note 347). Upon manumission, she becomes a free Jewish woman and able to contract a valid marriage with any Jew who is not a priest. She is permitted to live with a Hebrew slave (Ex. 21:4). Since her relationship with the slave is not a marriage, her affair with another man is not adultery. From the man’s side, the affair with the slave girl is the only sin which can be atoned for by a sacrifice if committed intentionally. A purification sacrifice is possible only for inadvertent sins; the relation with the semi-free girl can be atoned for by a reparation sacrifice. (An intentional sin can only be cleansed by God’s mercy in response to repentance.) For inadvertent sins, a purification sacrifice is due for each single transgression; one reparation sacrifice covers the entire affair.. He was more stringent with the slave girl since in her case He treated the intentional as unintentional.” Rebbi Jeremiah, Rebbi Abba bar Mamai in the name of Rav: “Flow of semen,” until he ejaculates¹⁰⁰Lev. 19:20: “If a man sleep with a woman by flow of semen …” The intercourse of a free man with the slave girl is not punishable unless there was an ejaculation.. Here is written “flow of semen”, and here is written “flow of semen.¹⁰¹In the case of the straying wife, Num. 5:13 reads: “A man slept with her with flow of semen.” Nevertheless, the wife becomes impure and forbidden to her husband already if her paramour’s penis touches her genitals. This seems to contradict our principle that equal expressions used in different circumstances must have equal meanings.” Here¹⁰²In the case of the slave girl., you say “flow of semen” until he ejaculates. And here¹⁰³In the case of the straying wife., you say so? Rebbi Yose said, there is a difference, for it is written¹⁰⁴Num. 5:13.: “She was hidden and became impure.” From the moment she was hidden, the Torah calls her “impure”. But here¹⁰²In the case of the slave girl., “flow of semen,” until he ejaculates. For what reason is written¹⁰³In the case of the straying wife. “flow of semen”? For measures¹⁰⁵To measure how long the wife must be hidden together with her paramour to be impure and subject to the ordeal. In another connection this is quoted in the Babli, 2b., as it is stated¹⁰⁴Num. 5:13.: “She was hidden and became impure”; what is counted as hiding¹⁰⁶Babli 4a. The Babli discusses why all these expressions have to be used.? Time to become impure. What is the time for impurity? Time for intercourse. What is the time for intercourse? Time for ‘touching’⁹⁸The man whose genital touches the woman’s. This is a technical term, cf. Yebamot Chapter 6, Note 11..