Keritot 3:1-2
משנה כריתות ג:א-ב
Seder: Kodashim | Tractate: Keritot | Chapter: 3
📖 Mishna
Mishna 3:1
משנה ג:א
Hebrew:
אָמְרוּ לוֹ אָכַלְתָּ חֵלֶב, מֵבִיא חַטָּאת. עֵד אוֹמֵר אָכַל וְעֵד אוֹמֵר לֹא אָכַל, אִשָּׁה אוֹמֶרֶת אָכַל וְאִשָּׁה אוֹמֶרֶת לֹא אָכַל, מֵבִיא אָשָׁם תָּלוּי. עֵד אוֹמֵר אָכַל וְהוּא אוֹמֵר לֹא אָכַלְתִּי, פָּטוּר. שְׁנַיִם אוֹמְרִים אָכַל וְהוּא אוֹמֵר לֹא אָכַלְתִּי, רַבִּי מֵאִיר מְחַיֵּב. אָמַר רַבִּי מֵאִיר, אִם הֱבִיאוּהוּ שְׁנַיִם לְמִיתָה חֲמוּרָה, לֹא יְבִיאוּהוּ לְקָרְבָּן הַקַּל. אָמְרוּ לוֹ, מָה אִם יִרְצֶה לוֹמַר מֵזִיד הָיִיתִי:
English:
If witnesses said to a person: We saw that you ate forbidden fat, he is liable to bring a sin offering if he did so unwittingly. If a witness says: He ate forbidden fat, and a witness says: He did not eat forbidden fat, or if a woman says: He ate forbidden fat, and a woman says: He did not eat forbidden fat, he is liable to bring a provisional guilt offering, brought by one who is uncertain as to whether he committed a sin that requires a sin offering. If a witness says: He ate forbidden fat, and the person himself says: I did not eat forbidden fat, he is exempt. If two witnesses say: He ate forbidden fat, and the person himself says: I did not eat forbidden fat, Rabbi Meir deems him liable to bring a sin offering. Rabbi Meir said: This conclusion can be derived a fortiori: If two witnesses could have brought him liability to receive the severe punishment of death, can they not bring him liability to sacrifice an offering, which is relatively lenient? The Rabbis said to him: Witnesses are unable to render another person liable to bring an offering contrary to his statement, as what if he wishes to say: I did so intentionally, in which case he would be exempt from bringing an offering?
Claude on the Mishna:
This mishna addresses a fundamental question in Jewish law: How do we determine liability for an offering based on testimony versus self-knowledge?
The basic rule: If two witnesses tell someone he ate forbidden fat (chelev), he must bring a sin offering - assuming he was unaware at the time. The sin offering requires that the act was done unintentionally (shogeg).
The case of conflicting testimony: When one witness says he ate and one says he didn’t, OR when two women give contradictory testimony, the person brings an asham talui (provisional guilt offering). This is the offering for doubtful sin - maybe he sinned, maybe not.
Self-denial vs. witness testimony:
- One witness says he ate + he denies it = Exempt (his word against one witness)
- TWO witnesses say he ate + he denies it = Machloket!
Rabbi Meir’s position: Two witnesses should obligate him in an offering. His kal vachomer (a fortiori) argument: If witnesses can condemn someone to DEATH, surely they can obligate a mere offering!
The Sages’ response: There’s a fundamental difference. For an offering, the person can always say “I was mezid (intentional)” - and intentional sinners don’t bring sin offerings; they receive karet instead. Since offering liability depends on the person’s mental state, which only HE knows, witnesses cannot contradict his self-knowledge.
Key Terms:
- חֵלֶב (chelev) = Forbidden fat - carries karet if eaten intentionally
- חַטָּאת (chatat) = Sin offering - for unintentional violations
- אָשָׁם תָּלוּי (asham talui) = Provisional guilt offering - for uncertain sin
- קַל וָחֹמֶר (kal vachomer) = A fortiori argument
- מֵזִיד (mezid) = Intentional sinner - exempt from offering, liable for karet
Mishna 3:2
משנה ג:ב
Hebrew:
אָכַל חֵלֶב וְחֵלֶב בְּהֶעְלֵם אֶחָד, אֵינוֹ חַיָּב אֶלָּא חַטָּאת אֶחָת. אָכַל חֵלֶב וְדָם וְנוֹתָר וּפִגּוּל בְּהֶעְלֵם אֶחָד, חַיָּב עַל כָּל אֶחָד וְאֶחָד. זֶה חֹמֶר בְּמִינִין הַרְבֵּה מִמִּין אֶחָד. וְחֹמֶר בְּמִין אֶחָד מִמִּינִין הַרְבֵּה, שֶׁאִם אָכַל כַּחֲצִי זַיִת וְחָזַר וְאָכַל כַּחֲצִי זַיִת מִמִּין אֶחָד, חַיָּב. מִשְּׁנֵי מִינִין, פָּטוּר:
English:
If one unwittingly ate an olive-bulk of forbidden fat and then ate another olive-bulk of forbidden fat during one lapse of awareness, i.e., in a case where he did not discover in the interim that fat is forbidden, or that the food he is eating is forbidden fat, he is liable to bring only one sin offering. If one ate forbidden fat, and blood, and piggul, and notar in one lapse of awareness, he is liable to bring a sin offering for each and every one of them. This is a stringency that applies to one who eats several types of forbidden food and does not apply to one who eats one type of forbidden food. And a stringency that applies to one who eats one type of forbidden food and not to one who eats several types of forbidden food is that if one ate half an olive-bulk and then ate another half an olive-bulk during one lapse of awareness, in a case where they were both from one type of forbidden food, he is liable to bring a sin offering. If they were from two types, he is exempt, because he did not eat an olive-bulk of any specific forbidden food.
Claude on the Mishna:
This mishna examines how multiple violations during a single “lapse of awareness” (he’elem echad) are counted for sin offering purposes.
Same prohibition repeated: Eating chelev twice during one he’elem = ONE sin offering. The multiple acts of eating the same forbidden substance combine into a single violation.
Different prohibitions: Eating chelev + blood + notar + piggul during one he’elem = FOUR sin offerings. Each distinct prohibition (issur) requires its own offering.
The interesting paradox:
| Aspect | Multiple Types | Single Type |
|---|---|---|
| Multiple full portions | More stringent (multiple offerings) | Less stringent (one offering) |
| Half portions that combine | Less stringent (no combining) | More stringent (they combine) |
Why?
- Multiple types: Each type is a distinct prohibition with its own karet punishment, so each requires separate atonement
- Single type: All acts are one continuous violation of the same prohibition
The half-olive-bulk rule:
- Half chelev + half chelev = Full olive-bulk of ONE type = Liable
- Half chelev + half blood = Half of each type = Exempt (no full portion of either)
This demonstrates that the minimum shiur (measure) of an olive-bulk must be from a SINGLE prohibition to create liability.
Key Terms:
- הֶעְלֵם אֶחָד (he’elem echad) = One lapse of awareness - continuous unawareness
- נוֹתָר (notar) = Leftover sacrificial meat past its time
- פִּגּוּל (piggul) = Offering with improper intent regarding time
- כַּחֲצִי זַיִת (kachatzi zayit) = Approximately half an olive-bulk
- שִׁיעוּר (shiur) = Minimum measure for liability