Both Rabbi Eliezer and Rabbi Akiva agree when one only brings a sliding scale sacrifice (korbon ‘oleh vyored-קרבן עולה ויורד). “The mishna teaches: Rabbi Eliezer says: With regard to the sliding-scale offering the verse states: “Or if a person touches any impure thing, whether it is the carcass of a non-kosher undomesticated animal, or the carcass of a non-kosher domesticated animal, or the carcass of a non-kosher creeping animal, and it is hidden from him, so that he is impure” (Leviticus 5:2). The juxtaposition of the words “and it is hidden” to the words “a creeping animal” teaches that one is liable to bring a sliding-scale offering when it was hidden from him that he had contracted ritual impurity from a creeping animal, but not when it was hidden from him that he was entering the Temple or partaking of sacrificial food. Rabbi Akiva says that it is from the words “and it is hidden from him, so that he is impure” that it is derived that one is liable to bring a sliding-scale offering for a lapse of awareness about his impurity, but not for a lapse of awareness about the Temple or the sacrificial food.” (Sefaria.org translation)
Although
they agree, their interpretation of verses are different. For Rabbi Eliezer the
word “ba-בָּהּ” in the verse אֽוֹ־הוֹדַ֤ע אֵלָיו֙ חַטָּאת֔וֹ אֲשֶׁ֥ר חָטָ֖א
בָּ֑הּ -or the sin of which he is guilty is made
known
(Leviticus 4:23) is extraneous. “These
words emphasize the fact that one is liable only when he intends to do the
prohibited act, to the exclusion of one who acts unawares (mit’asek-מִּתְעַסֵּק)and
has no intention to perform the action. That is to say, if one was preoccupied
with another matter and, acting unawares, he transgressed a prohibition, he is
not liable to bring a sin-offering.” (Sefaria.org translation)
What’s the difference between mit’asek and shogeg (שׁוֹגֵג)? Steinsaltz defines mit’asek: “acting unawares, i.e. a person who performed an act by accident without having any intention of doing so. Not to be confused with shogeg -“acting unwittingly”-when a person performs an act by mistake, because of lack of information
With regard to prohibitions: (1) There is no need to bring sacrificial atonement for transgressions committed while unaware, unless the transgression entailed physical pleasure, such as eating prohibited food or engaging in prohibited sexual relations. (2) with regard to positive commandments: According to some authorities, one who performs a mitzvah while unaware does not fulfill his obligation, even according to those who maintain that mitzvot can be fulfilled without the express intention of doing so. (The Talmud: A Reference Guide)
A modern example of mit’asek for person who doesn’t use electricity on Shabbat is one
who enters a room on Shabbat and accidentally brushes against the light switch
and turns the lights on or off. A modern example of shogeg is one who forgets that today is Shabbat altogether and does
one of the 39 forbidden prohibitions like gardening or writing a letter.
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