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Rosh Kollel: Rabbi Mordecai Kornfeld
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Shevuos Chart #1
| A SINGLE CONDITION | |||
|---|---|---|---|
| (A) He FIRST ate the loaf that he PROHIBITED, then he ate the loaf of the condition |
(B) He FIRST ate the loaf of the CONDITION, then he ate the loaf that he prohibited |
||
| 1) | Ate 1st loaf B'SHOGEG, Ate 2nd loaf B'MEZID |
Patur(2) | Patur(2) |
| 2) | Ate 1st loaf B'MEZID, Ate 2nd loaf B'SHOGEG |
R. Yoch: Malkus(3) R. Lakish: Patur(5) |
Korban(4) |
| 3) | Ate both B'SHOGEG |
Patur(2) | Patur(2) |
| 4) | Ate both B'MEZID |
R. Yoch: Malkus(3) R. Lakish: Patur(5) |
Malkus(3) |
| A DOUBLE CONDITION(*) | |||
| (*)(Alongside each case we have noted the corresponding case from the previous section of this chart.) | (A) THE FIRST LOAF (comparable to case "A" above) |
(B) THE SECOND LOAF (comparable to case "B" above) |
|
| 5) | He ate each loaf B'MEZID, while FORGETTING the Isur of the other loaf ("ZADON ATZMO, SHIGEGAS CHAVEIRO") |
R. Yoch: Malkus R. Lakish: Patur (see 2a) |
Patur (see 1b) |
| 6) | He ate each loaf B'SHOGEG, while AWARE of the Isur of the other loaf ("SHIGEGAS ATZMO, ZEDON CHAVEIRO") |
Patur (see 1a) |
Korban (see 2b) |
| 7) | He ate each loaf B'SHOGEG while FORGETTING the Isur of the other loaf ("SHIGEGAS SHENEIHEM") |
Patur (see 3a) |
Patur (see 3b) |
| 8) | He ate each loaf B'MEZID while AWARE of the Isur of the other loaf ("ZEDON SHENEIHEM") |
R. Yoch: Malkus R. Lakish: Patur (see 4a) |
Malkus (see 4b) |
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FOOTNOTES:
==========
(1) The general rule (according to Rashi) is: 1. Whenever the person ate the
*first* loaf while unaware of the Shevu'ah ("b'He'elem Shevu'ah"), he is
exempt from punishment because of the requirement of "ha'Adam bi'Shevu'ah"
(whether he ate first the loaf that he prohibited, or whether he ate first
the loaf of the condition.) 2. If the requirement of "ha'Adam bi'Shevu'ah"
is fulfilled, then the Shevu'ah takes effect and the punishment is
determined according to the transgressor's intention at the time that he ate
the loaf *that he prohibited* (and not according to his intention at the
time that he ate the loaf of the condition), whether he ate the loaf that he
prohibited first, or whether he ate the loaf of the condition first.
(2) He is exempt in such a case because he was Shogeg (unaware of his
Shevu'ah) at the time that he ate the first loaf, and thus he is lacking the
requirement of "ha'Adam bi'Shevu'ah" (see footnote #1 above).
(3) He is punished with Malkus, because he had full awareness and intention
at the time that he ate the loaf that he prohibited (see #1 above).
(4) He is required to bring a Korban, because he was Shogeg at the time that
he ate the loaf that he prohibited (see #1 above).
(5) Even though it is fitting to punish him with Malkus (as in footnote #3
above), Reish Lakish exempts him from Malkus because the Hasra'ah (warning)
that he received was a Hasra'as Safek (since, at the time that he ate the
loaf that he prohibited, it was not known for sure whether he would eat the
loaf of the condition and thereby transgress his Shevu'ah), and Reish Lakish
holds that Hasra'as Safek is *not* a valid Hasra'ah.
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