Sunday 1 September 2019

Karetot 11: Witnesses, Accusations and Sacrifices

Perek 3 begins today and the rabbis focus on the korban hatat, sin offering.  Which are the transgressions that result in the requirement of a sin offering?  An example can be found in Vayikra (4:28), where the sinner must be aware of his/her transgression.  However, in many cases this will happen with the information provided by witnesses.  Does testimony require two witnesses?  Is the testimony valid if the witness is not usually qualified to testify?

Our Mishna teaches that if witnesses testify that on ate forbidden fats, the accused must bring a sin offering.  If one witness testifies to this transgression, the accused does not need to bring a sin offering.  If one witness says yes and the other says no, an asham taluy, a provisional guilt offering, is required.  This offering is brought when one is unsure of whether or not the case requires a sin offering.

If a person denies the witness's testimony and insists that s/he did not sin, Rabbi Meir says s/he must bring a sin offering.  This is because the testimony of witnesses would require a death penalty because they were claiming that he sinned intentionally, and so a mitigated punishment is appropriate.

Tosafot state that we never force someone to bring a sin offering because we cannot force someone to atone when s/he is not interested in atonement.  This case is different because the accused wants atonement while claiming that s/he has not sinned.  The court accepts the witness testimony and requires the sacrifice.

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