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|KERISUS 17 (7 Elul) - Dedicated in memory of Esther Miryam bas Harav Chaim Zev and her husband Harav Refael Yisrael ben Harav Moshe (Snow), whose Yahrzeits are 7 Elul and 8 Elul respectively. Sponsored by their son and daughter in law, Moshe and Rivka Snow.|
1. The Mishnah discusses when one is obligated to bring an Asham Taluy.
2. The Mishnah compares the Halachos of Asham Taluy when one is uncertain about whether he sinned to the Halachos of a Chatas when one is certain he sinned.
3. There is a dispute about whether there must have been two choices, a permitted one and a forbidden one, in order for one in doubt about whether he sinned to be obligated to bring an Asham Taluy.
4. Rebbi Eliezer clearly maintains that one does not need to have had two choices in order to be obligated to bring an Asham Taluy.
5. Rava and Rebbi Zeira disagree about why Rav says that one must have had both a permitted and a forbidden choice in order to be obligated to bring an Asham Taluy.
A BIT MORE
1. If a person is unsure about whether he transgressed a prohibition (for which one is liable for Kares for its intentional transgression and a Korban Chatas for its unintentional transgression), even if he is merely unsure about whether he sinned with the requisite measure (e.g. ate a k'Zayis) to make him liable, he must bring an Asham Taluy.
2. For example, just as a person who transgressed the same Isur multiple times before he realized that it was forbidden brings only one Chatas, one who is uncertain about whether he transgressed the same Isur multiple times before realizing it brings only one Asham Taluy.
3. Rav Asi: Even there was only one piece of meat present and there was a doubt about whether it was permitted or forbidden, the person who ate it must bring an Asham Taluy. Rav and Chiya bar Rav: He must bring an Asham Taluy only if there were both a permitted piece and a forbidden piece in front of him (and he does not know which one he ate).
4. This is apparent from his statement that one is obligated to bring an Asham Taluy if he ate the Chelev of a Koy, the status of which is in doubt; it might be a Behemah (and its Chelev is forbidden), or it might be a Chayah (and its Chelev is permitted).
5. Rava: The verse states, "from all of the Mitzvos," with two Vav's, indicating he must have two choices. Rebbi Zeira: Since an Asham Taluy is supposed to protect one from punishment until he can determine whether he sinned, there must be a second item left by which he or an expert can determine whether he sinned. An example is a piece of fat that can be verified to be either from a Behemah or Chayah.
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