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Misva #121: The commandment of a sin-offering for an individual who sinned inadvertently in a commandment for which we are liable to Karet:

Misva #121: The commandment of a sin-offering for an individual who sinned inadvertently in a commandment for which we are liable to Karet:

FromSefer Hachinuch


Misva #121: The commandment of a sin-offering for an individual who sinned inadvertently in a commandment for which we are liable to Karet:

FromSefer Hachinuch

ratings:
Length:
20 minutes
Released:
Jan 19, 2022
Format:
Podcast episode

Description

The Torah in Parashat Vayikra (4:27) addresses the case of a person who mistakenly commits a sin, and it requires the offender to offer a Korban Hatat – atonement sacrifice. This sin-offering is called a “Hatat Kebu’a” – a “fixed sin-offering,” referring to the fact that everyone obligated to bring this offering brings the same kind of animal as a sacrifice. This is in contrast to the Korban Oleh Ve’yored – “fluctuating sacrifice” – which depends on the sinner’s financial status. A Korban Hatat is required if one mistakenly violates a Misvat Lo Ta’aseh (Biblical prohibition) for which he would have been liable to Karet (eternal excision from the Jewish Nation) if he had transgressed intentionally. The prohibition must fall under the category of “Lav She’yesh Bo Ma’aseh” – a prohibition which is transgressed by committing an action, as opposed to prohibitions which are violated without an action. Therefore, if one mistakenly failed to offer a Korban Pesach, he does not bring a Hatat, even though neglecting the Misva of Korban Pesach is punishable by Karet, because he violated a Misvat Aseh (affirmative command), and not a Misvat Lo Ta’aseh. This is true also of one who neglected to undergo Berit Mila, which, like Korban Pesach, is a Misvat Aseh for which violators are liable to Karet. One who mistakenly blasphemes G-d does not offer a Hatat, even though blasphemy is Misvat Lo Ta’aseh which is punishable by Karet, because this transgression does not entail an action, and is violated though speech. The two exceptions to this rule are eating sacred food (such as meat of sacrifices) in a state of Tum’a (impurity), and entering the Bet Ha’mikdash in a state of Tum’a. Both constitute the violation of a Misvat Lo Ta’aseh that is punishable by Karet through an action, but nevertheless, the Torah made an exception in these cases, requiring the accidental violator to bring a Korban Oleh Ve’yored instead of a Korban Hatat. The Sefer Ha’hinuch lists forty-three transgressions for which one brings a Korban Hatat if he transgressed unintentionally. Most of these are sins involving Arayot (forbidden intimate relationships). The Rabbis teach that G-d does not punish violators under the age of twenty. Whereas the Bet Din here on earth punishes violators from the age of Halachic adulthood (generally assumed to be twelve or thirteen), the Heavenly Tribunal does not punish until the age of twenty. It should be clarified that this concept has no bearing on the obligation of a Korban Hatat. Even though G-d will not punish a violator under the age of twenty with Karet, nevertheless, if a person this age mistakenly transgresses a prohibition which is punishable by Karet in cases of willful violation, he must bring a Korban Hatat. As for the concept itself – that G-d does not punish violators under the age of twenty – several Aharonim noted that this cannot mean that such violators go unpunished. The Hacham Tzvi (Rav Tzvi Ashkenazi, 1656-1718) writes that such a notion “Enah Mistaberet” – is untenable. It is inconceivable, he argues, that Bet Din will put to death a young violator for committing a capital crime, but G-d’s Heavenly Tribunal does not. Likewise, the Hatam Sofer (Rav Moshe Sofer, 1762-1839), in one of his responsa (Y.D. 155), writes that we cannot possibly conclude that somebody younger than twenty who commits a sin will not be punished. This point is made also by the Noda Bi’yehuda (Rav Yehezkel Landau of Prague, 1713-1793), in one of his responsa (Mahadura Tinyana, Y.D. 164), where he comments that if this were the case, then the world would fall into chaos, as youngsters would have no fear of divine punishment. The Aharonim explain that this concept means not that violators under the age of twenty do not receive punishment, but rather that their punishment is suspended and held in abeyance, in the hope that they will repent as they grow older. If a person below the age of twenty commits a violation, then because of his young age, he is
Released:
Jan 19, 2022
Format:
Podcast episode

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