Commentaire de citation sur Le Lévitique 19:20

Tractate Zevahim is the first tractate in Seder Kodashim, most of which deals with sacrificial laws and other various laws governing the Temple. Zevahim deals with animal and bird sacrifices, with what disqualifies them and what happens when they are sacrificed outside of the Temple. There are seven types of sacrifices which I shall list here. Some offerings are mandatory and some are voluntary, some are communal and some are individual, and both of these distinctions are critical. Below I will list them by their Hebrew name and by an attempt at translating that name into English. However, throughout my translation and commentary I will refer to them mostly by their Hebrew name, in order to encourage the reader to learn them in a version closer to the original. 1. Olah, the wholly burnt offering. This is also sometimes called a “holocaust” but for obvious reasons, I won’t be using that translation. The olah can either be a mandatory offering, such as the tamid, the daily sacrifices (Numbers 28:1-8) or the musaf, additional offering (Numbers 28: 9ff) or a voluntary offering (Leviticus 1). There are many other mandatory types of the olah. The olah is sometimes a beast and sometimes a bird. 2. Hatat, the sin offering, also sometimes translated as a cleansing offering. The main type of hatat is one that is brought to atone for an unintentional sin (Leviticus 4:1-5). There are also hataot (the plural of hatat) brought on the festivals (Numbers 28: 15ff). There are several other types of hataot as well. The hatat is sometimes a beast and sometimes a bird. 3. Asham, guilt offering. This is brought by robbers, people who made illicit use of Temple property, and by several others (Leviticus 5:14-26; 19:20-22). The asham, the hatat and the olah are all considered “holy of holies” which means that they are eaten entirely by priests within the Temple confines. 4. Shelamim, well-being or peace offering. This is generally an individual offering, either voluntary or mandated, with the exception of the two lambs brought on Shavuot (Leviticus 23:19) which are a communal offering. The todah, or thanksgiving offering, is considered a type of shelamim (Leviticus 7:11ff). 5. Bechor, the first-born animal. There is an entire tractate devoted to the bechor, so we will deal with it there. 6. Maaser behemah, the animal tithe (Leviticus 27:32). This subject is also covered in Tractate Bechorot. 7. Pesah, the passover lamb. This sacrifice is covered in Tractate Pesahim.

הבא על שפחה חרופה ביאות הרבה – as it is written (Leviticus 19:22); “With the ram of reparation offering the priest shall make expiation for him [before the LORD], for the sin that he committed, but he should have been able to write, “for his sin” and be silent. What is "אשר חטא"/that he committed (mentioned TWICE in this verse)? To include many sins. But these words are when he makes many sexual advances of one maidservant, but if he came upon many maidservants, even with [just] one act of forgetfulness, he is liable for each and every maidservant, as it is written (Leviticus 19:20): “who is a slave [and has been designated for another man],” to be liable for each and every maidservant.

What is the difference between [intercourse] with a female slave and the other forbidden sexual relations? For they are not equivalent in regard to the punishment nor the sacrifice. In the case of all other forbidden sexual relations a hatat is brought, in that of a female slave an asham; In the case of the other forbidden sexual relations a female animal is brought, in that of the female slave a male; In the case of the other forbidden sexual relations man and woman are alike with respect to lashes and the sacrifice; in that of the female slave the man is unlike the woman regarding the lashes, and the woman is unlike the man regarding the sacrifice. In the case of all other forbidden sexual relations sexual contact is punishable as well as consummation, and one is liable for each act of intercourse separately. For in this the case of the female slave is more stringent in that intentional transgression is of the same status as unwitting transgression. Leviticus 19:20-21 states, “If a man has carnal relations, having an emission, with a woman who is a slave and has been designated for another man, but has not been redeemed or given her freedom, there shall be an indemnity; they shall not, however, be put to death, since she has not been freed. But he must bring to the entrance of the Tent of Meeting, as his guilt offering (asham) to the Lord, a ram of guilt offering.” Our mishnah explains what the difference is between a man who has intercourse with a slave woman such as is described here and a man who has intercourse with any other forbidden sexual relation. In the two cases, a different punishment is meted out if done intentionally, and if done unwittingly, a different sacrifice is brought. The punishment for all other sexual sins is either death or karet, whereas in this case the punishment is lashes. The mishnah now explains the differences with regard to the sacrifice. A + B) For other forbidden relations one must bring a female hatat, whereas here one brings a male asham. (Note that a hatat is always female and an asham is always male. Thus it turns out that this is only one difference between the two sins.) C) For all other sexual sins, both the man and woman are equal in matters of lashes (if done intentionally but without prior warning) and in bringing a sacrifice, if done intentionally. But in this case, the female slave is the one lashed (this is how the rabbis understand the word that is translated “indemnity”) and the man brings the sacrifice (whether done intentionally or intentionally see mishnah two). D) In all other cases the man is liable as soon as sexual contact begins, but with a slave woman, he is liable only when he emits seed, as is stated in the verse itself. E) In all other cases, if a man sleeps multiple times with a woman forbidden to him, he is liable only once, whereas here with the female slave, he is liable for each act of intercourse. The mishnah notes that this is a balancing stringency. Since there is a leniency when it comes to having intercourse with the female slave he brings a sacrifice even if done intentionally there is also an accompanying stringency he must bring a sacrifice for each act.