More Discussions for this daf
1. Shabbos 069: Ignorant of Shabbos but not of Mechamer 2. Shogeg b'Chatas 3. Reish Lakish's Opinion on being Chayav a Chatas
4. Shabbos in Outer Space 5. Exempt due to Severity of Sin 6. מיתה במקום כרת עומדת, חומש במקום קרבן קאי
DAF DISCUSSIONS - SHABBOS 69

Question asked:

On Shabbas 69A, Reish Lakish is of the opinion that a person is ONLY chiav a chatas when he does not know the act that he is doing is assur (which means he obviously doesn't know it comes with kares). However, on 68B Reish Lakish and R'Yochanon both said a person who didn't know that something is assur cannot be chiav a chatas! Can you please help me sort this out? Thanks.

Question, highland park, USA

The Kollel replies:

On Daf 68b, R. Yochanan and Resh Lakish both hold like Munbaz, who specifically requires some sort of knowledge in order to be Chayav a Chatas. From this they derive that a Tinok she'Nishbah is Patur (because, as Munbaz explains, it is not at all similar to Mezid).

One is even Chayav a Korban, according to Munbaz, if he knows about both the La'av and the Kareis at the time when he sins, as long as he does not know that one is Chayav a Chatas when he sins be'Shogeg. However, it is not clear that R. Yochanan and Reish Lakish accepted this part of Munbaz's reasoning (although there is a slight basis to argue that they did based on the words of Tosfos DH Kol she'Ken).

On 69a, R. Yochanan and Resh Lakish are discussing the Rabbanan, who argue with Munbaz. The Rabanan do not require a Korban for a Shigegas Korban, but require either a Shigegas Kareis (R. Yochanan) or a Shigegas Lav as well (Resh Lakish). As I mentioned, R. Yochanan and Reish Lakish might agree Halachically with the ruling of the Rabanan on this matter, since they do not accept Munbaz's reasoning in full; they only accept it with regard to a Tinok she'Nishbah.

Kol Tuv

M. KORNFELD