Shevuot 19b:1-12שבועות י״ט ב:א׳-י״ב
The William Davidson Talmudתלמוד מהדורת ויליאם דוידסון
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19bי״ט ב

ואפילו בקמייתא ממה נפשך טמא הוא אמר רבא הכא במאי עסקינן כגון שהלך בראשון ובשעה שהלך בשני שכח שהלך בראשון דהויא ליה מקצת ידיעה

even in the first case, where he walked on both of the paths and did not purify himself in between? This is difficult, as whichever way you look at it, he is impure, since he certainly contracted impurity on one of the two paths. Rava said: What are we dealing with here? We are dealing with a case where he walked on the first path, and then afterward when he was walking on the second path he forgot that he had already walked on the first path, so that his lapse of awareness when he entered the Temple was only a lapse of partial awareness. That is, when he entered the Temple he forgot only that he had walked on the first path, and for this lapse of knowledge by itself he is not liable to bring a sin-offering, as it is not certain that he contracted impurity there.

ובהא קא מיפלגי תנא קמא סבר אמרינן מקצת ידיעה ככל ידיעה ורבי שמעון סבר לא אמרינן מקצת ידיעה ככל ידיעה

Rava continues: And the tanna’im disagree with regard to this issue: The first tanna, who teaches that Rabbi Shimon deems the person exempt only where there was purification between the two entries, but not in the first case, maintains that we say that partial awareness of definite impurity is counted as complete awareness. And Rabbi Shimon ben Yehuda, who teaches that Rabbi Shimon deems the person exempt even in the first case, where there was no purification between the two entries, maintains that we do not say that partial awareness of definite impurity is counted as complete awareness.

הלך בראשון ונכנס הזה ושנה וטבל חזר והלך בשני ונכנס חייב ורבי שמעון פוטר ואמאי חייב ספק ידיעה הוא

§ The baraita teaches: If he walked on the first path and entered the Temple, and on the third day he was sprinkled with waters of purification, and on the seventh day he was sprinkled upon again, and he immersed himself in a ritual bath, and then he walked on the second path and entered the Temple, he is liable to bring a sin-offering; and Rabbi Shimon deems him exempt from bringing an offering. The Gemara asks: But why is he liable according to the first tanna? Each time he entered the Temple it was only with a lapse of awareness of uncertain impurity, the first time because he might not yet have become impure, and the second time because he might already have purified himself.

אמר רבי יוחנן כאן עשו ספק ידיעה כידיעה וריש לקיש אמר הא מני רבי ישמעאל היא דאמר לא בעינן ידיעה בתחלה:

Rabbi Yoḥanan says: Here, since he certainly contracted impurity on one of the paths and entered the Temple in a state of impurity, they made awareness of uncertain impurity like awareness of definite impurity. And Reish Lakish says: In accordance with whose opinion is this? It is in accordance with the opinion of Rabbi Yishmael, who says: We do not require any awareness of impurity whatsoever at the beginning, before he enters the Temple, and it suffices if it becomes known to him at the end that he had been impure at the time of his entry.

ורמי דרבי יוחנן אדרבי יוחנן ורמי דריש לקיש אדריש לקיש דתניא אכל ספק חלב ונודע ספק חלב ונודע רבי אומר כשם שמביא חטאת על כל אחד ואחד כך מביא אשם תלוי על כל אחד ואחד

And the Gemara raises a contradiction between this statement of Rabbi Yoḥanan and another statement of Rabbi Yoḥanan; and the Gemara raises a contradiction between this statement of Reish Lakish and another statement of Reish Lakish. As it is taught in a baraita: If one ate an item concerning which there was uncertainty as to whether or not it was forbidden fat, and he later became aware of it, and then he ate some other item concerning which there was uncertainty as to whether or not it was forbidden fat, and he later became aware of it, Rabbi Yehuda HaNasi says: Just as he would bring a sin-offering for each and every one of his instances of consumption were he to learn that what he ate was actually forbidden fat, so too, he brings a provisional guilt-offering, brought by one who is uncertain as to whether he committed a transgression that requires a sin-offering, for each and every one of his instances of consumption if after each instance he became aware that he might have eaten forbidden fat.

ר"ש בן יהודה ורבי אלעזר ברבי שמעון אמרו משום רבי שמעון אינו מביא אלא אשם תלוי אחד שנאמר (ויקרא ה, יח) על שגגתו אשר שגג התורה ריבתה שגגות הרבה ואשם תלוי אחד

Rabbi Shimon ben Yehuda and Rabbi Elazar, son of Rabbi Shimon, said in the name of Rabbi Shimon: He brings only one provisional guilt-offering, as it is stated with regard to a provisional guilt-offering: “He shall bring an unblemished ram…for a guilt-offering…to the priest; and the priest shall make atonement for him concerning his unwitting transgression wherein he unwittingly transgressed and knew it not” (Leviticus 5:18). This wording teaches that the Torah included many instances of unwitting transgressions in one provisional guilt-offering. One brings one provisional guilt-offering even if he had committed many unwitting transgressions.

ואמר ריש לקיש כאן שנה רבי ידיעות ספיקות מתחלקות לחטאות

Reish Lakish and Rabbi Yoḥanan disagree about how to understand the opinion of Rabbi Yehuda HaNasi: With regard to which case did he say that one brings a separate sin-offering for each and every one of his instances of consumption? And Reish Lakish says: Here Rabbi Yehuda HaNasi taught that awareness of the uncertain status separates the acts with regard to sin-offerings. If it later became known with certainty that he had actually eaten forbidden fat both times, he would be liable to bring two sin-offerings for the two instances of consumption, despite the fact that the two actions were separated only by awareness of the uncertain status, because such awareness is sufficient to separate the two acts.

ורבי יוחנן אמר כשם שידיעות ודאי בעלמא מתחלקות לחטאות כך ידיעות ספק מתחלקות לאשמות

And Rabbi Yoḥanan says: Rabbi Yehuda HaNasi does not mean to say that awareness of the uncertain status separates the acts with regard to sin-offerings. He merely established the principle: Just as definite awareness in general separates the acts with regard to sin-offerings, e.g., where one ate forbidden fat and then became aware that it was definitely forbidden fat that he had eaten, and then he forgot and once again ate forbidden fat, so too, awareness of the uncertain status separates the acts with regard to provisional guilt-offerings. But awareness of the uncertain status does not separate the acts with regard to sin-offerings. If the awareness between the acts was only awareness of the uncertain status, he does not bring a sin-offering for each act when he later learns with certainty that it was forbidden fat that he had eaten. Evidently, Rabbi Yoḥanan maintains that awareness of the uncertain status is not like definite awareness, and Reish Lakish maintains that it is like definite awareness. This contradicts what they said above.

בשלמא דרבי יוחנן אדרבי יוחנן לא קשיא כאן עשו ולא בכל התורה כולה עשו הכא הוא דלא כתיבא ידיעה בהדיא מונעלם הוא דקא אתי ולא בכל התורה כולה עשו דכתיב (ויקרא ד, כג) או הודע אליו ידיעה מעלייתא בעינן

The Gemara comments: Granted, the apparent contradiction between one statement of Rabbi Yoḥanan and the other statement of Rabbi Yoḥanan is not difficult, as one can explain that Rabbi Yoḥanan is precise in his wording, as he says: Here, with regard to impurity in the Temple, they made awareness of the uncertain status like definite awareness; but they did not do so everywhere in the entire Torah. There is a basis for this distinction, as here, with regard to impurity in the Temple, awareness at the beginning is not written explicitly in the Torah, but rather it is derived from: “And it is hidden from him” (Leviticus 5:2), which indicates that there must be some awareness that became hidden from him, and for this, awareness of the uncertain status suffices. But by contrast, they did not make awareness of the uncertain status like definite awareness everywhere in the entire Torah, as it is written: “Or if his sin, which he has sinned, becomes known to him” (Leviticus 4:28), which indicates that in general we require full-fledged awareness at the beginning.

אלא לריש לקיש אדמוקים ליה כר' ישמעאל נוקמה כרבי הא קא משמע לן דרבי ישמעאל לא בעי ידיעה בתחלה

But as for Reish Lakish, rather than interpreting this baraita concerning the two paths in accordance with the opinion of Rabbi Yishmael, who does not require any awareness whatsoever at the beginning, let him interpret it in accordance with the opinion of Rabbi Yehuda HaNasi, who holds that awareness of the uncertain status is like definite awareness. The Gemara explains: Reish Lakish teaches us this: That with regard to impurity in the Temple, Rabbi Yishmael does not require any awareness at the beginning.

פשיטא דלא בעי מדלא מייתרי ליה קראי (ויקרא ה, ב) ונעלם דמיחייב על העלם מקדש מהו דתימא כי לית ליה מקראי אבל מגמרא אית ליה קמ"ל:

The Gemara challenges: It is obvious that Rabbi Yishmael does not require awareness at the beginning, since he has no superfluous verses from which to derive such a requirement. Rabbi Akiva learns from the superfluous phrase: “And it is hidden from him” (Leviticus 5:4), that awareness at the beginning is necessary, but Rabbi Yishmael says the verse serves to teach another halakha, that one is liable to bring an offering for a lapse of awareness that he was entering the Temple. The Gemara rejects this challenge: Lest you say: When Rabbi Yishmael does not accept this halakha requiring awareness at the beginning, it means that he does not derive it from a verse, but he accepts it as a tradition; to counter this, Reish Lakish teaches us that according to Rabbi Yishmael there is no requirement whatsoever for awareness at the beginning.



הדרן עלך ידועות הטומאה

מתני׳ שבועות שתים שהן ארבע שבועה שאוכל ושלא אוכל שאכלתי ושלא אכלתי

MISHNA: With regard to oaths attesting to the truth about an utterance, which, when violated, render one liable to bring a sliding-scale offering, there are two types that are actually four types. The initial two oaths, which relate to utterances about the future and are explicitly prohibited in the Torah, are: On my oath I will eat, or: On my oath I will not eat. These are expanded to four, to include oaths concerning utterances about the past: On my oath I ate, or: On my oath I did not eat.

שבועה שלא אוכל ואכל כל שהוא חייב דברי רבי עקיבא אמרו לו לר"ע היכן מצינו באוכל כל שהוא שהוא חייב שזה חייב אמר להם ר' עקיבא וכי היכן מצינו במדבר ומביא קרבן שזה מדבר ומביא קרבן:

If one says: On my oath I will not eat, and he then ate any amount, even less than an olive-bulk, he is liable; this is the statement of Rabbi Akiva. The Rabbis said to Rabbi Akiva: Where do we find that one who eats any amount is liable, leading you to say that this person is liable? Rabbi Akiva said to them: And where do we find one who speaks and is liable to bring an offering for it, as this oath taker merely speaks, i.e., takes an oath, and brings an offering for it?

גמ׳ למימרא דשאוכל דאכילנא משמע ורמינהי שבועה לא אוכל לך שבועה שאוכל לך לא שבועה שלא אוכל לך אסור

GEMARA: The Gemara asks: Is this to say that phrasing an oath as: On my oath I will eat, always means that I take an oath that I will eat? The Gemara raises a contradiction from a mishna (Nedarim 16a): If one says: On my oath I will not eat of yours, or: On my oath I will eat of yours, or: Not on my oath I will not eat of yours, the food of the other person is forbidden.

אמר אביי לעולם דאכילנא משמע לא קשיא כאן במסרבין בו לאכול כאן בשאין

Abaye said: Actually, saying: On my oath I will eat, means that I take an oath that I will eat. It is not difficult, because there is a difference between the contexts of the mishnayot: Here, it is referring to an oath taken in a context where others are importuning him to eat, so when he says: On my oath I will eat of yours, his intention is to indicate his refusal to eat. There, it is a context where others are not