6TH Day Vayikra (Lev 4:27-5:4)

LEV 4

27 If anyone of the common people sins unwittingly in doing any one of the things that by the Lord’s commandments ought not to be done, and realizes his guilt,

Chullin 5b:1

“If anyone of the common people sins unwittingly . . . and he shall bring his offering” (Lev 4:27-28), from which it is inferred in a baraita: “Of the common people,” indicating: But not all of the common people. This serves to exclude a transgressor, from whom a sin offering is not accepted.

Horayot 2a:15

The Gemara notes: This matter was already taught in the dispute between amora’im of earlier generations: If a court ruled that forbidden fat is permitted, and the forbidden fat became confused for him with permitted fat and he ate the forbidden fat, Rav says: He is exempt, as the court ruled that it is permitted, and Rabbi Yoḥanan says: He is liable, as he did not base his conduct on its ruling. The Gemara raises an objection to the statement of Rabbi Yoḥanan from a baraita that teaches: The verse states: “If anyone of the common people shall sin unwittingly in performing any one of the things that by the Lord’s commandments ought not to be done, and he is guilty” (Lev 4:27). This serves to exclude an apostate. When an apostate sins unwittingly, he is exempt from liability to bring a sin-offering even if he repents, as even his unwitting action is considered intentional.

Horayot 2a:16

Rabbi Shimon ben Yosei says in the name of Rabbi Shimon: It is unnecessary to derive this halakha from that phrase, as it says in the same verse: “Shall sin unwittingly in performing any one of the things that by the Lord’s commandments ought not to be done, and he is guilty; or the sin which he has committed is made known to him” (Lev 4:27-28). From the words “is made known to him” it is inferred that only one who repents due to his awareness, i.e., he would not have sinned if he had known the act was prohibited, brings a sacrifice for his unwitting transgression in order to achieve atonement. But one who does not repent due to his awareness that he sinned, e.g., an apostate, who would have sinned even had he been aware that the act is prohibited, does not bring an offering for his unwitting action.

Horayot 2b:5

Rava said to Abaye: But according to your reasoning, that which is taught in a baraita that cites the verse: “In performing any one” (Lev 4:27), from which it is derived that an individual who performs a transgression on his own is liable, while one who performs a transgression based on the ruling of the court is exempt; how so? When does this apply? If the court ruled that forbidden fat is permitted, and it became known to one of the judges that they erred, or if he was a student who was sitting before them and he is qualified to issue halakhic rulings, e.g., Shimon ben Azzai, might one have thought that he would be exempt? To counter this, the verse states: “In performing any one,” from which it is derived that an individual who performs a transgression on his own is liable, while one who performs a transgression on the basis of the ruling of the court is exempt.

Horayot 2b:9

Rav Yehuda says that Shmuel says: This halakha in the mishna, which states that an individual who performs a transgression on the basis of a ruling issued by the court is exempt from liability to bring an offering, is the statement of Rabbi Yehuda. But the Rabbis say: An individual who performs a transgression on the basis of the ruling of the court is liable. The Gemara asks: What is the opinion of Rabbi Yehuda to which Shmuel refers? It is as it is taught in a baraita: The verse states: “If one soul from among the common people shall sin unwittingly in performing any one of the commandments of the Lord” (Lev 4:27). These are three exclusionary terms: “One,” “unwittingly,” and “in performing,” and one of these exclusions serves to teach that one who performs a transgression on his own is liable, while one who performs a transgression on the basis of the ruling of the court is exempt.

Horayot 8a:9

The Gemara asks further: From where is it derived that an individual is liable to bring a sin-offering only for a matter for whose intentional violation one is liable to receive karet? The Gemara answers: The verse with regard to an individual states: “And if anyone of the common people shall sin unwittingly” (Lev 4:27). The verse begins with the conjunction “and,” represented by the letter vav. This indicates that one shall derive the halakha with regard to the lower verse, i.e., the verse written later in the passage, from that which is written in the upper verses, i.e., those written earlier. Just as in those verses earlier in the passage, addressing the public, priest, and king, there is liability only for a matter for whose intentional violation one is liable to receive karet, so too, in the case of the individual addressed in this verse, there is liability only for a matter for whose intentional violation one is liable to receive karet.

Horayot 11a:3

The Sages taught in a baraita: The verse states: “If anyone of the common people sins unwittingly in performing any one of God’s commandments that may not be done and he is guilty” (Lev 4:27). The phrase “of the common people” serves to exclude the anointed priest; the phrase “of the common people” also serves to exclude the king.

Horayot 11a:12

The Sages taught: The verse states: “If anyone of the common people sins unwittingly in performing any one of God’s commandments that may not be done and he is guilty” (Lev 4:27). This serves to exclude an apostate. When an apostate sins unwittingly, he is exempt from liability to bring a sin offering even if he repents for that sin, as even his unwitting action is considered intentional.

Horayot 11a:13

The baraita continues: Rabbi Shimon bar Yosei says in the name of Rabbi Shimon: It is unnecessary to derive this halakha from that phrase, as it says in the same verse: “If anyone of the common people sins unwittingly in performing any one of God’s commandments that may not be done and he is guilty; or the sin which he has sinned is made known to him” (Lev 4:27-28). From the words “is made known to him” it is inferred that only one who repents due to his awareness, i.e., who would not have sinned had he known that the act was forbidden, brings an offering for his unwitting transgression and achieves atonement in this way. But one who does not repent due to his awareness that he sinned, e.g., an apostate, who would sin even after becoming aware that the act is forbidden, does not bring an offering for his unwitting action.

28 or the sin which he has committed is made known to him, he shall bring for his offering a goat, a female without blemish, for his sin which he has committed.

For God has done what the law, weakened by the flesh, could not do. By sending his own Son in the likeness of sinful flesh and for sin, he condemned sin in the flesh, ROM 8:3

LEV 5

1 If anyone sins in that he hears a public adjuration to testify, and though he is a witness, whether he has seen or come to know the matter, yet does not speak, he shall bear his iniquity;

But Jesus remained silent. And the high priest said to him, “I adjure you by the living God, tell us if you are the Christ, the Son of God.” MAT 26:63

John Gill

But Jesus remained silent—Knowing it would signify nothing, whatever he should say, they being set upon his death, the time of which was now come; and therefore he quietly submits, and says nothing in his own defence to prevent it. To be silent in a court of judicature, Apollonius Tyanaeus says, is the fourth virtue; this Christ had, and all others.

And the high priest said to him—Though Christ had said nothing, a way of speaking very frequent among the Jews, and in the sacred writings.

I adjure you by the living God, tell us if you are the Christ, the Son of God—The Christ; the anointed, that David speaks of in Psa 2, and who is there said to be the Son of God (Psa 2:2, 7), to which the high priest seems to have respect; since there is no other passage, in which both these characters meet; and which was understood by the ancient Jews of the Messiah, as is owned by modern ones. Jesus was given out to be the Messiah, and his disciples believed him to be the Son of God, and he had affirmed himself to be so; wherefore the high priest, exerting his priestly power and authority, puts him upon his oath; or at least with an oath made by the living God, charges him to tell the truth, and which when ever any heard the voice of swearing, he was obliged to do (Lev 5:1).

2 or if anyone touches an unclean thing, whether a carcass of an unclean wild animal or a carcass of unclean livestock or a carcass of unclean swarming things, and it is hidden from him and he has become unclean, and he realizes his guilt;

Woe to you! For you are like unmarked graves, and people walk over them without knowing it. LUK 11:44

John Gill

Woe to you—As they are all along called by Matthew; though only here by Luke. The Vulgate Latin only reads, “woe to you,” leaving out all the rest: but the whole is retained in all the Oriental versions.

For you are like unmarked graves—Being covered with grass; “or which were not marked,” as the Ethiopic version renders it; that is, were not whited or covered with lime, as some were, that they might be seen at a distance, and be known what they were; that so people might avoid going near them, and prevent their being defiled with them (see Gill on Mat 23:27).

And people walk over them without knowing it—And so are defiled by them. Christ compares the Pharisees, because of their hypocrisy, and secret iniquity, both to whited tombs, and to those that were not: to those that were, because, like them, they looked beautiful without, and righteous in the sight of people, and yet were inwardly full of all manner of pollution and sin; and to those that were not, because they did not appear to be what they were, and people were deceived by them; and under specious pretences to religion and holiness, were by their corrupt doctrines and practices unawares drawn into the commission of sin. Regard may not only be had to graves covered with grass, or not marked with lime, by which they might be known; but also to what the Jews call, “the grave of the abyss”; a grave that is not known no more than if it was in the bottomless pit: so uncleanness by touching a dead body, which a man is not conscious of, is called the uncleanness of the abyss, or an unknown one.

4 or if anyone utters with his lips a rash oath to do evil or to do good, any sort of rash oath that people swear, and it is hidden from him, when he comes to know it, and he realizes his guilt in any of these;

7 so that he promised with an oath to give her whatever she might ask.

9 And the king was sorry, but because of his oaths and his guests he commanded it to be given. MAT 14:7, 9