Se elas [testemunhas] dissessem a um indivíduo: Você comia gordura proibida, ele é responsável por um Chattat [uma oferta trazida para expiar o pecado]. Se uma testemunha diz que ele comeu, e [outra] testemunha diz que ele não comeu; ou se uma mulher diz que ele comeu e [outra] mulher diz que não comeu, ele é responsável por um Asham Talui [uma oferta de culpa provocada pela possível comissão de um pecado]. Se uma testemunha diz que ele comeu, e ele [ele mesmo] diz: "Eu não comi", ele está isento. [Se] duas [testemunhas] dizem que ele comeu, e ele [ele mesmo] diz: "Eu não como", o rabino Meir considera que ele é responsável. O rabino Meir disse: Como duas [testemunhas são capazes de] trazer sobre ele a severa [pena] da morte, elas não podem trazer sobre ele a menos severa [punição de] um sacrifício? Eles [os Sábios] disseram-lhe: Ele não podia argumentar: "Eu fiz isso intencionalmente"?
Bartenura on Mishnah Keritot
אמרו לו – even if one [witness] says to hm, “you ate forbidden fat,” and he is silent and doesn’t contradict him.
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English Explanation of Mishnah Keritot
Introduction
Our mishnah talks about various types of cases where a person might or might not have eaten forbidden fat, a transgression that would cause him to bring a hatat for atonement.
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Bartenura on Mishnah Keritot
מביא חטאת – by his word.
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English Explanation of Mishnah Keritot
If they said to him: you ate forbidden fat, he is liable to a hatat; This is the obvious case. If a person ate a piece of fat and doesn’t know whether it was helev (forbidden fat) or shuman (permitted fat), then he must bring a hatat.
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Bartenura on Mishnah Keritot
שנים אומרים לו אכלת חלב – and even one-hundred [witnesses], but he contradicts them and says: “I am sure that I did not eat [prohibited fat],” he does not bring a sacrifice through their word, as it is written (Leviticus 4:28): “Or the sin of which he is guilty is brought to his knowledge,” and not that others would inform him.
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English Explanation of Mishnah Keritot
If one witness says: he ate, and another says: he did not eat, or if one woman says, he ate, and another says, he did not eat, he is liable to an asham talui. In this case, there is contradictory testimony with regard to whether the fat he ate was forbidden. Furthermore, there is either only one witness who testifies that he ate forbidden fat, or that witness is a woman, whose testimony does not fully count. Since there is no proper testimony, he does not bring a hatat. However, he does bring an asham talui, a “suspended asham.” As I explained in the introduction to Keritot, this is a sacrifice brought when it is not clear if a person transgressed.
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Bartenura on Mishnah Keritot
רבי מאיר מחייב – but the Halakha is not according to Rabbi Meir.
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English Explanation of Mishnah Keritot
If one witness says: he ate, and another says: he did not eat, or if one woman says, he ate, and another says, he did not eat, he is liable to an asham talui. In this case, there is no solid testimony that he ate forbidden fat, and he himself denies having done so. These two factors combine to exempt him from having to bring a sacrifice.
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Bartenura on Mishnah Keritot
אם הביאוהו שנים כו' – as, for example, if they testified against him that he killed a person.
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English Explanation of Mishnah Keritot
If one witness says, he ate, and he himself says, I did not eat, he is exempt. In this case, there is proper testimony against him, but he himself denies having eaten forbidden fat. Rabbi Meir argues that just as in a case of the death penalty, where two witnesses can make him liable, so too here, when it comes to bringing a sacrifice to atone for a sin, two people can make him liable, even if he denies having transgressed. The other rabbis argue against Rabbi Meir by noting that there is a difference between testimony for a capital crime, such as murder, and testimony with regard to liability for a sacrifice. In the case of the sacrifice, if the person admits to having eaten the forbidden fat, but claims to have done so intentionally, he is not obligated for a sacrifice, because sacrifices are brought only for accidental sins. Therefore, when he says, “I didn’t eat” he is believed.
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Bartenura on Mishnah Keritot
ם ירצה לומה מזיד הייתי – if he would want to exempt himself through a lie, he would be able to say, “I acted willfully” for a person who acts willfully is exempt from a sacrifice.
