unwittingly

And if a man eat of the holy thing unwittingly, then he shall put the fifth part thereof unto it, and shall give it unto the priest with the holy thing.

That the slayer that killeth any person unawares and unwittingly may flee thither: and they shall be your refuge from the avenger of blood.

And if the avenger of blood pursue after him, then they shall not deliver the slayer up into his hand; because he smote his neighbour unwittingly, and hated him not beforetime.

But Adam wept, and said, "O God, forgive me, for I did this unwittingly; believing they were God's angels."

Because, indeed, they drew servitude upon themselves voluntarily, when they said, We have no king but Cæsar; and, If we do not slay Christ, all men will believe in Him, and the Romans will come and will take away both our place and nation. And so they prophesied unwittingly. For accordingly the nations believed on Him, and they themselves were deprived by the Romans of their power, and of their legal worship; and they have been forbidden to slay whom they please, and to sacrifice when they will. Wherefore they are accursed, as not able to perform the things they are commanded to do. For says He: Cursed be he that does not continue in all things that are written in the book of the law to do them. Now it is impossible in their dispersion, while they are among the heathen, for them to perform all things in their law. For the divine Moses forbids both to rear an altar out of Jerusalem, and to read the law out of the bounds of Judea. Let us therefore follow Christ, that we may inherit His blessings. Let us walk after the law and the prophets by the Gospel. Let us eschew the worshippers of many gods, and the murderers of Christ, and the murderers of the prophets, and the wicked and atheistical heretics. Let us be obedient to Christ as to our King, as having authority to change several constitutions, and having, as a legislator, wisdom to make new constitutions in different circumstances; yet so that everywhere the laws of nature be immutably preserved.

They may not give terumah from impure [produce] for that which is pure. If he did give: If unwittingly, the terumah is valid; If intentionally he has done nothing. So too, if a Levite had [unclean] tithe [from which terumah] had not been given, and he gave terumah from this, if unwittingly, the terumah is valid, if intentionally he has done nothing. Rabbi Judah says: if he knew of it at the outset, even if done in error, he has done nothing.

They may not give terumah from impure [produce] for that which is pure. If he did give: If unwittingly, the terumah is valid; If intentionally he has done nothing. So too, if a Levite had [unclean] tithe [from which terumah] had not been given, and he gave terumah from this, if unwittingly, the terumah is valid, if intentionally he has done nothing. Rabbi Judah says: if he knew of it at the outset, even if done in error, he has done nothing.

One who immerses [unclean] vessels on Shabbat: If unwittingly, he may use them. But if intentionally, he may not use them. One who separates tithes, or cooks on Shabbat: If unwittingly, he may eat it. But if intentionally, he may not eat it. One who plants on Shabbat: If unwittingly, he may keep the tree. But if intentionally, he must uproot it. But if during the sabbatical year, whether [it was planted] unwittingly or intentionally he must uproot it.

One who immerses [unclean] vessels on Shabbat: If unwittingly, he may use them. But if intentionally, he may not use them. One who separates tithes, or cooks on Shabbat: If unwittingly, he may eat it. But if intentionally, he may not eat it. One who plants on Shabbat: If unwittingly, he may keep the tree. But if intentionally, he must uproot it. But if during the sabbatical year, whether [it was planted] unwittingly or intentionally he must uproot it.

One who immerses [unclean] vessels on Shabbat: If unwittingly, he may use them. But if intentionally, he may not use them. One who separates tithes, or cooks on Shabbat: If unwittingly, he may eat it. But if intentionally, he may not eat it. One who plants on Shabbat: If unwittingly, he may keep the tree. But if intentionally, he must uproot it. But if during the sabbatical year, whether [it was planted] unwittingly or intentionally he must uproot it.

One who immerses [unclean] vessels on Shabbat: If unwittingly, he may use them. But if intentionally, he may not use them. One who separates tithes, or cooks on Shabbat: If unwittingly, he may eat it. But if intentionally, he may not eat it. One who plants on Shabbat: If unwittingly, he may keep the tree. But if intentionally, he must uproot it. But if during the sabbatical year, whether [it was planted] unwittingly or intentionally he must uproot it.

Terumah given by a non-Jew or a Samaritan is terumah and their tithes are tithes and their dedications [to the Temple] are dedications. Rabbi Judah says: the law of the vineyard in the fourth year is not applicable to a non-Jew. But the sages say: it is. The terumah of a non-Jew renders [produce into which it falls] medumma and [one who eats it unwittingly] is obligated [to pay back an extra] fifth. But Rabbi Shimon exempts it.

One who eats terumah unwittingly must repay its value plus a fifth, whether he eats it or drinks it, or anoints himself with it, or whether the terumah is clean or unclean. [If he eats the added fifth] he must pay its fifth, and a fifth of that fifth. He may not repay with terumah, but rather with tithed hullin, which becomes terumah. And whatever may be repaid in its place also becomes terumah and if the priest wishes to forego [the fine], he cannot do so.

A daughter of an Israelite ate terumah and afterwards married a priest: If the terumah she ate had not yet been acquired by another priest she can repay to herself the value and the fifth. But if a priest had already acquired the terumah she had eaten, she must repay the value to the owners, but [she can repay] the fifth to herself, because they said that he who eats terumah unwittingly, pays the value to the owners and the fifth to whoever he wants.

He who plants terumah, if unwittingly, may overturn it, but if intentionally, he must allow it to remain. If it had already grown a third of its full size, whether he had planted it unwittingly or intentionally, he must allow it to remain. But in the case of flax, even when planted intentionally he must overturn it.

He who plants terumah, if unwittingly, may overturn it, but if intentionally, he must allow it to remain. If it had already grown a third of its full size, whether he had planted it unwittingly or intentionally, he must allow it to remain. But in the case of flax, even when planted intentionally he must overturn it.

One who bought water or salt, or produce still joined to the soil, or produce which cannot reach Jerusalem, he has not purchased maaser [sheni]. One who bought produce unwittingly, the money must be restored to its former place. But if intentionally, the produce must be taken up and be consumed in the [holy] place, and when there is no Temple, it must be left to rot.

One who bought a domesticated animal unwittingly, the money must be restored to its former place. Intentionally, it must be taken up and eaten in the [holy] place. And when there is no Temple, it must be buried together with its hide.

In the case of hallah and terumah: One is liable for death on account of [having eaten] them death [intentionally], or to [repay] an added fifth [if unwittingly]; They are forbidden to non-priests; They are the property of the priest; They are nullified [in a mixture of] one-hundred-and-one [parts, the rest being non-sacred dough or produce]; They require washing of one’s hands; And [waiting until] the setting of the sun [prior to eating them]; They may not be separated from pure [stuff] for impure; But rather from that which is close, And from that [in a] finished [state]. If one said: “All my threshing-floor is terumah, or all my dough is hallah,” he has not said anything, unless he has left some over.

The [minimum] measure of hallah is one twenty-fourth [part of the dough]. If he makes dough for himself, or if he makes it for his son’s [wedding] banquet, it is one twenty-fourth. If a baker makes to sell in the market, and so [also] if a woman makes to sell in the market, it is one forty-eighth. If dough is made unclean either unwittingly or by an unforeseeable circumstance, it is one forty-eighth. If it was made unclean intentionally, it is one twenty-fourth, in order that a sinner should not profit.

A convert who converted and had dough: if it was made before he became a convert, he is exempt [from hallah]. After he converted, he is liable. And if there is doubt, he is liable, but [a non-priest who has unwittingly eaten of such hallah] is not liable for the additional one-fifth. Rabbi Akiva said: it all depends on the [time of the] formation of the light crust in the oven.

In what ways is he like both men and women? One who strikes him or curses him is liable, as in the case of men and women; One who unwittingly kills him must go into exile, and if on purpose, then [the slayer] receives the death penalty, as in the case of men and women. His mother must [at his birth] bring an offering, as in the case of men and women. He may eat holy things that are eaten outside of the Temple; And he may inherit any inheritance, as in the case of men and women.

When must they give away their share [courtyard or alley]? Bet Shammai says: while it is yet day, And Bet Hillel says: after dusk. One who gave away his share and then carried out an object, whether unwittingly or intentionally, he restricts [the others from carrying in the courtyard or alley], the words of Rabbi Meir. Rabbi Judah says: if he acted with intention he restricts [the others], but if unwittingly he does not restrict.

When must they give away their share [courtyard or alley]? Bet Shammai says: while it is yet day, And Bet Hillel says: after dusk. One who gave away his share and then carried out an object, whether unwittingly or intentionally, he restricts [the others from carrying in the courtyard or alley], the words of Rabbi Meir. Rabbi Judah says: if he acted with intention he restricts [the others], but if unwittingly he does not restrict.

One who unwittingly eats terumah chametz on Pesah must repay [to a priest] the principal plus a fifth. Intentionally, he is exempt from payment and from [liability for] its value as fuel.

He who was unclean or on a far-off journey and did not keep the first [Pesah] must keep the second. If he unwittingly erred or was prevented and did not keep the first, he must keep the second. If so, why does it say “an unclean person” and “one who was one a long journey” specified? That these are not liable to karet, whereas these are liable to karet.

If he [a priest] betroths [a woman] with his portion, whether it is of higher holiness or of lower holiness, she is not betrothed. [If one betroths] with second tithe, whether unwittingly or deliberately, he has not betrothed [her]: the words of Rabbi Meir. Rabbi Judah says: if unwittingly, he has not betrothed [her]; if deliberately, he has betrothed [her]. [If] with sanctified property, if deliberately, he has betrothed her; if unwittingly, he has not betrothed [her], the words of Rabbi Meir. Rabbi Judah says: if unwittingly, he has betrothed her; if deliberately, he has not betrothed her.

If he [a priest] betroths [a woman] with his portion, whether it is of higher holiness or of lower holiness, she is not betrothed. [If one betroths] with second tithe, whether unwittingly or deliberately, he has not betrothed [her]: the words of Rabbi Meir. Rabbi Judah says: if unwittingly, he has not betrothed [her]; if deliberately, he has betrothed [her]. [If] with sanctified property, if deliberately, he has betrothed her; if unwittingly, he has not betrothed [her], the words of Rabbi Meir. Rabbi Judah says: if unwittingly, he has betrothed her; if deliberately, he has not betrothed her.

If he [a priest] betroths [a woman] with his portion, whether it is of higher holiness or of lower holiness, she is not betrothed. [If one betroths] with second tithe, whether unwittingly or deliberately, he has not betrothed [her]: the words of Rabbi Meir. Rabbi Judah says: if unwittingly, he has not betrothed [her]; if deliberately, he has betrothed [her]. [If] with sanctified property, if deliberately, he has betrothed her; if unwittingly, he has not betrothed [her], the words of Rabbi Meir. Rabbi Judah says: if unwittingly, he has betrothed her; if deliberately, he has not betrothed her.

If he [a priest] betroths [a woman] with his portion, whether it is of higher holiness or of lower holiness, she is not betrothed. [If one betroths] with second tithe, whether unwittingly or deliberately, he has not betrothed [her]: the words of Rabbi Meir. Rabbi Judah says: if unwittingly, he has not betrothed [her]; if deliberately, he has betrothed [her]. [If] with sanctified property, if deliberately, he has betrothed her; if unwittingly, he has not betrothed [her], the words of Rabbi Meir. Rabbi Judah says: if unwittingly, he has betrothed her; if deliberately, he has not betrothed her.

The father goes into banishment for [the death of] his son, and the son goes into banishment for [that of] his father. All go into banishment for [the death of] an Israelite, and Israelites go into banishment on their account, except for a resident alien. And a resident alien does not go into banishment except for [the death of another] resident alien. A blind person does not go into banishment, the words of Rabbi Judah. Rabbi Meir says: “He goes into banishment.” An enemy does not go into banishment. Rabbi Yose bar Judah says: “An enemy is executed, for it is as if he has been warned.” Rabbi Shimon says: “There is an enemy that goes into banishment and there is an enemy that does not go into banishment: wherever it can be said that he had killed [his victim] wittingly, he goes not into banishment, and where he had slain unwittingly, he goes into banishment.

Rabbi Levitas a man of Yavneh said: be exceeding humble spirit, for the end of man is the worm. Rabbi Yohanan ben Berokah said: whoever profanes the name of heaven in secret, he shall be punished in the open. Unwittingly or wittingly, it is all one in profaning the name.

If the court ruled and one of them knew that they had erred and said to the others, “You are making a mistake”, or if the mufla of the court was not there, or if one of them was a proselyte or a mamzer or a nathin or an elder who did not have children, they are exempt, for it says here (Lev 4:13) “congregation” and it says later on (Num 35:24) “congregation”; just as the “congregation” further on must be fit to issue rulings, so too the “congregation” mentioned here must be fit to issue rulings. If the court issued a [wrong] decision unwittingly and all the people acted unwittingly, they bring a bull. [If the court ruled wrong] intentionally and [the people] acted unwillingly, they bring a lamb or a goat. [If the court ruled] unwittingly and [the people] acted willingly accordingly, they are exempt.

If the court ruled and one of them knew that they had erred and said to the others, “You are making a mistake”, or if the mufla of the court was not there, or if one of them was a proselyte or a mamzer or a nathin or an elder who did not have children, they are exempt, for it says here (Lev 4:13) “congregation” and it says later on (Num 35:24) “congregation”; just as the “congregation” further on must be fit to issue rulings, so too the “congregation” mentioned here must be fit to issue rulings. If the court issued a [wrong] decision unwittingly and all the people acted unwittingly, they bring a bull. [If the court ruled wrong] intentionally and [the people] acted unwillingly, they bring a lamb or a goat. [If the court ruled] unwittingly and [the people] acted willingly accordingly, they are exempt.

If the court ruled and one of them knew that they had erred and said to the others, “You are making a mistake”, or if the mufla of the court was not there, or if one of them was a proselyte or a mamzer or a nathin or an elder who did not have children, they are exempt, for it says here (Lev 4:13) “congregation” and it says later on (Num 35:24) “congregation”; just as the “congregation” further on must be fit to issue rulings, so too the “congregation” mentioned here must be fit to issue rulings. If the court issued a [wrong] decision unwittingly and all the people acted unwittingly, they bring a bull. [If the court ruled wrong] intentionally and [the people] acted unwillingly, they bring a lamb or a goat. [If the court ruled] unwittingly and [the people] acted willingly accordingly, they are exempt.

An anointed priest who rendered a decision for himself in error and acted unwittingly accordingly, must bring a bull. If he rendered the decision in error but acted upon it willfully, or made it willfully but acted upon it unwittingly, he is exempt; for a decision a high priest made for himself is like a ruling issued by the court to the community.

An anointed priest who rendered a decision for himself in error and acted unwittingly accordingly, must bring a bull. If he rendered the decision in error but acted upon it willfully, or made it willfully but acted upon it unwittingly, he is exempt; for a decision a high priest made for himself is like a ruling issued by the court to the community.

The [court] is not obligated [to bring a sacrifice] except where ignorance of the law was accompanied by an unwitting action, and so it is with the anointed priest. Nor [is obligation incurred] in the case of idolatry unless ignorance of the law was accompanied by an unwitting action. The court is not obligated unless they ruled concerning a prohibition the punishment for which is kareth, if it was transgressed intentionally, and a sin offering if transgressed unwittingly, and so it is with the anointed priest. Nor [is obligation incurred] in the case of idolatry unless they ruled concerning a matter the punishment for which is kareth, if it was transgressed intentionally, and a sin offering if transgressed unwittingly.

The [court] is not obligated [to bring a sacrifice] except where ignorance of the law was accompanied by an unwitting action, and so it is with the anointed priest. Nor [is obligation incurred] in the case of idolatry unless ignorance of the law was accompanied by an unwitting action. The court is not obligated unless they ruled concerning a prohibition the punishment for which is kareth, if it was transgressed intentionally, and a sin offering if transgressed unwittingly, and so it is with the anointed priest. Nor [is obligation incurred] in the case of idolatry unless they ruled concerning a matter the punishment for which is kareth, if it was transgressed intentionally, and a sin offering if transgressed unwittingly.

For all the commandments in the Torah, the penalty for which, if committed intentionally, is kareth and, if committed unwittingly, a sin offering, the individual brings as an offering a lamb or a goat, the ruler brings a goat, and the anointed priest and the court bring a bull. In the case of idolatry, the individual and the ruler and the anointed priest bring a goat while the court bring a bull and a goat: the bull for a burnt offering and the goat for a sin offering.

If the blood of a hatat was received in two goblets and one of them went outside [the Temple courtyard], the inside one is fit. If one of them entered within [the Sanctuary]: Rabbi Yose the Galilean declares the outer one fit. The sages disqualify it. Rabbi Yose the Galilean: if the place where an intention [directed to it] disqualifies, i.e. without, you do not treat what is left [inside] as what went out; then the place where an intention [directed to it] does not disqualify, i.e. within, is it not logical that we do not treat what is left [outside] as what entered within? If it entered within to make atonement, even if he [the priest] did not make atonement, it is unfit, the words of Rabbi Eliezer. Rabbi Shimon said: [it is not unfit] unless he makes atonement. Rabbi Judah said: if he took it in unwittingly, it is fit. For all unfit blood which was put on the altar, the head plate [of the high priest] does not propitiate, save for the unclean, for the headplate propitiates for that which is unclean, but does not propitiate for what goes out.

For these [transgressions] one is liable to karet if committed intentionally, and if committed unwittingly to a hatat. If there is a doubt whether he had committed the transgression to an asham talui, except in the case of one who defiled the Temple or its consecrated things, for in that case one is liable in this case to a sliding-scale sacrifice, the words of Rabbi Meir. But the sages say: also the blasphemer [is an exception], as it says: “You shall have one law for one that acts in error” (Numbers 15:29), this excludes the blasphemer who performs no action.

If [a person was] in doubt whether he had eaten forbidden fat or not, or even if he had certainly eaten [of it] but [was] in doubt as to whether it had the requisite quantity or less; or [if there were] before him permitted fat as well as forbidden fat, and he ate of one of them and does not know of which of them he ate; Or if his wife and his sister were with him in the house and he unwittingly [had sex] with one of them and does not know with which of them he unwittingly [had sex]; Or if he did forbidden labor and does not know whether it was on Shabbat or on a weekday, He is liable for an asham talui.

If [a person was] in doubt whether he had eaten forbidden fat or not, or even if he had certainly eaten [of it] but [was] in doubt as to whether it had the requisite quantity or less; or [if there were] before him permitted fat as well as forbidden fat, and he ate of one of them and does not know of which of them he ate; Or if his wife and his sister were with him in the house and he unwittingly [had sex] with one of them and does not know with which of them he unwittingly [had sex]; Or if he did forbidden labor and does not know whether it was on Shabbat or on a weekday, He is liable for an asham talui.

Just as a person who ate forbidden fat twice in one spell of unawareness is liable to only one hatat, so too, when the transgression is in doubt, he is liable to only one asham talui. If in the meantime he became aware [of the possible sin] he is liable to a separate asham talui for each act, just as he would [in similar circumstances] be liable to a separate hatat for each act. Just as one is liable to separate hatats if he ate, in one spell of unawareness, forbidden fat and blood and piggul and notar, so, too, when the transgression is in doubt, he is liable to an asham talui for each different act. [If both] forbidden fat and notar lay before a person and he ate one of them but does not know which; Or if his menstruant wife and his sister were with him in his house and he has sex unwittingly with one of them and does not know with which, Or if Shabbat and Yom Kippur [followed each other] and he did forbidden work at twilight and does not know on which day: Rabbi Eliezer declares him liable to a hatat; But Rabbi Joshua exempts him. Rabbi Yose said: they did not dispute about a person that did work at twilight, for he is certainly exempt, for I may assume that part of the work was done on the one day and part on the following day. About what did they dispute? About one who did work during the day itself but he did not know whether he did it on Shabbat or on Yom Kippur, or if he did work and did not know what manner of work he did: Rabbi Eliezer declares him liable to a hatat; But Rabbi Joshua exempts him. Rabbi Judah said: Rabbi Joshua exempts him even from an asham talui.

Rabbi Eliezer says: one may freely offer an asham talui every day and at any time he pleases and such a sacrifice is called the asham of the pious. They said of Bava ben Buti that he used to freely offer an asham talui every day, except on the day after Yom Kippur. He declared: By this temple! Had they allowed me, I would have offered one even then, but they said to me, wait until you have come to a state of doubt.” But the sages say one may not bring an asham talui except for a sin that [is punished by] karet [when done intentionally and for which one brings a hatat [when done unwittingly.

Throughout all the eleven days a woman is in a presumption of cleanness. If she did not examine herself if this was unwittingly, under duress or intentionally, she is clean. If the time of her regular period arrived and she did not examine herself she is unclean. Rabbi Meir says: if a woman was in a hiding place when the time of her regular period arrived and she didn't examine herself she is clean, because fear suspends the flow of blood. But during the days prescribed for a zav or a zavah or for one who waits day against day, these are presumed to be unclean.