Commentaire de citation sur Le Lévitique 5:6

Introduction Our mishnah begins to discuss oaths, the main topic of the tractate. The oaths discussed in the beginning of this chapter are oaths of utterance, whereby one swears that he has or has not done something, or that he will or will not do something. One who breaks such an oath is liable for a sliding scale sacrifice, described in chapters one and two and in Leviticus 5:6-13.

This is the law of the guilt-offering The reason for mentioning this passage is to discuss suet, which is not mentioned in the laws of the guilt-offering. I have already shown you the difference between “sin” and “guilt” [comment on 5:17], even though Scripture sometimes uses the terms interchangeably.

The laws concerning the discovery of having contracted uncleanness are of two kinds, subdivided into four;
[If] he became impure and was aware of it, then he forgot that he had been impure, though he remembered that the food was holy; [If the fact that it was] holy food was unknown to him, though he remembered that he was impure; [If] both were unknown to him; And he ate holy food, and was not aware, and after he had eaten, he became aware: in these cases he brings a sliding scale sacrifice. In all of the cases mentioned in this section the transgression is the eating of holy food while impure. There are actually three different possibilities mentioned in the mishnah, although the mishnah considers them to be two: 1) He knew that had contracted impurity, and then forgot but he knew that the food that he was eating was holy; 2) He forgot that the food that he was eating was holy but he knew that he was impure; 3) He forgot that the food was holy and that he was impure. In all of these cases if he were to eat of the holy food while being unaware either that he was impure or that the food was holy (or both) and afterwards realized that the food was holy or that he was impure, he is obligated to bring a sliding scale sacrifice. A sliding scale sacrifice is a sacrifice brought based on the economic means of the sinner. If he has financial means he must bring either a sheep or goat. If he cannot afford a sheep or a goat he brings two turtledoves. If he can’t even afford these, he may bring a grain offering. This sacrifice is described in Leviticus 5:6-13.

ואכליו עונו ישא THEREFORE EVERYONE THAT EATETH IT SHALL BEAR HIS INIQUITY — Scripture is speaking here of flesh actually left unburnt on the third day (so that this verse must be connected with v. 6, and not with v. 7) since one is not liable to excision for eating that which was slaughtered with the intention to eat its flesh outside the prescribed place (of which v. 7 is speaking), because Scripture has already excluded such a case from the penalty of excision (cf. Rashi v. 7). This verse must therefore be speaking of actual נותר. In Treatise Keritot 5a they (our Rabbis) derived it (the fact that v. 8 refers back to נותר in 5:6) from a verbal analogy.

‎אשר חטא על חטאתו [AND THE PRIEST SHALL MAKE EXPIATION ON HIS BEHALF] FOR THE SIN THAT HE HATH SINNED — Here Scripture varies the expression, for in the case of affluence (v. 6) and narrow means (v. 10) it is stated, “[and the priest shall make expiation for him] מחטאתו”, whilst here, in the case of utter destitution, it is stated מחטאתו) על חטאתו may mean: something from his sin-offering, i. e., a part of it, whilst על חטאתו implies something in addition to his sin-offering)! Our Rabbis from the niceties of the text derived from here the law that if one sinned whilst he was a rich man and set apart money for a she-lamb or a she-goat (the sacrifice prescribed for a well-to-do person; cf. v. 6), but then became impoverished somewhat, he has only to bring (purchase) from a part of it (the money) two turtledoves (or two young pigeons, the offering prescribed for the poor) and may retain the balance for his own use: if, being a poor mạn, he has set apart money for two turtledoves and then was reduced to even greater poverty, he has only to bring from a part of it a tenth of an ephah of flour; hence the use of the word מחטאתו in the sense explained above. If, on the other hand, being only of moderate means, he has set apart money only for a tenth of an ephah of flour, but became rich afterwards, he must add to it and bring the offering prescribed for a rich man. For this reason it is stated here על חטאתו — in addition to what was intended for his sin-offering (Keritot 27b).