Which kind of Asham is the Pasuk referring to here?
Seforno: It is referring to an Asham Taluy
Why does the Torah insert the word "ve'Im Nefesh ki Secheta" and not simply "Nefesh ki Secheta"?
Kerisos, 22b: To compare the Asham Taluy to the Asham Me'lilos - in Pasuk 16 - with regard to the value of two Shekalim. 1
On what grounds does one bring an Asham Taluy?
Rashi, Seforno and Rashbam: For committing an act inadvertently 1 which is subject to Kareis be'Meizid and a Chatas be'Shogeg 2 ? where he doesn't know whether he sinned or not. 3 .
Seforno: For not being careful not to enter into a Safek.
Refer To 5:17:1.1:1.
Refer to 5:5:17:152:1.
And he is Chayav a Korban due to his carelessness. Refer to 5:19:3:1. See also Oznayim la'Torah, who explains at length that a person must be aware at all times ? not only that there is a Master who rules over the world and what one is permitted to eat and what is forbidden, but also that what he places into his mouth is not something that is forbidden.
What are the implications of the words "Achas mi'Kol Mitzvos Hashem"?
What are the implications of "ve'Lo Yada"?
Kerisos, 19b: It implies that if he ate one of two pieces of fat, one Cheilev and one Nosar, where he knew that he was sinning, he is Patur from an Asham Taluy. 1
See Torah Temimah, note 108.
What if he subsequently discovers that he sinned?
Rashi: He is then Chayav to bring a regular Chatas. 1
What can we learn from the fact that the Torah punishes even someone who is not aware of the sin that he is performing?
Rashi (citing R. Yossi ha'Gelili): If a person is Chayav for something that he is not aware, how much more so 1 for something that he is. 2
The very thought should serve to instill in a person Yir'as Shamayim.
R. Yossi goes one step further: See how many deaths Adam ha'Rishon brought upon himself and upon the world, when he transgressed the single Mitzvah that he was commanded. Now, bearing in mind that the Hashem's Midah of goodness exceeds that of punishment, imagine how many merits someone who sits and desists from eating Pigul and Nosar, or who fasts on Yom Kipur, will bring upon himself and upon his descendents until the end of time. R. Akiva adds - Bearing in mind that, based on the Pasuk in Parshas Shoftim, Chazal declare a third (superfluous) Eid Zomeim guilty of the death-penalty, for participating in the sin of testifying falsely, imagine how much reward is forthcoming to someone who participates in a D'var Mitzvah. And finally, R. Elazar ben Azarya points out that if the Torah issues a blessing upon someone who performs the Mitzvah of Shikchah - by forgetting a sheaf which a poor man subsequently gathers, then by the same token, someone who drops a Sela and a poor man finds it, will earn a Divine blessing.
For which Safek Aveiros does one bring an Asham Taluy?
Moshav Zekenim (citing Kerisos 22b): It only applies to an Aveirah on which there is Kareis for Meizid and a fixed Chatas for Shogeg. 1 This excludes a Safek regarding Me'ilah, which is not subject to Kareis, and Safek Tum'as Mikdash ve'Kadashav, which is only subject to a Korban Oleh ve'Yored be'Shogeg (Horayos, 8b). 2
Kerisos, Ibid.: Which we learn via a Gezeirah Shavah, "Mitzvos Hashem" "Mitzvos Hashem" from Korban Chatas, Viyikra 4:27.
Horayos (ibid.): Which we learn via a Gezeirah Shavah "ve'Asheim" "ve'Asheimu" from Asham Oleh ve'Yoreid, Vayikra, 4:13.
QUESTIONS ON RASHI
Rashi writes that Asham Taluy shields him from punishment until he discovers that he sinned. Why do punishments come for a Safek and not for a Vadai?
Moshav Zekenim (on Pasuk 1): In order to encourage him to examine his deeds, and if he finds that he sinned, he will repent. Punishments do not come on a Rasha in order to drive him from the world [to come] if he does not repent.
Rashi writes that the Pasuk teaches us that, if after he brought the Asham Taluy, he discovered that he sinned, he brings a Chatas. Why do we need both this and a similar D'rashah that if the murderer is found after the Eglah Arufah is killed, he is put to death (See Devarim Vayikra 5:18:2:1)?
Because the Eglah Arufah is not brought to atone for the murderer, so we cannot learn from it to Asham Taluy. Why can we not learn a Kal va'Chomer from Asham Taluy to Eglah Arufah? Is this considered punishing from a Kal va'Chomer ? or does the Kal va'Chomer merely refute a reason to exempt him? (PF)
