Fine tuning the definition of a shogaig TB Shabbat 69

Yesterday we learned that Rabbi Akiva representing the sages and Mumbaz disagreed about the basic definition of a shogaig, שוגג, one who unwittingly commits a sin. The sages define a shogaig as a person who forgot about all aspects of the transgression while committing it. Mumbaz holds the position that the person is a shogaig knows that he is transgressing a prohibition and there is a punishment; however, he forgot that he would have to bring a sin sacrifice, חטאת.

On today’s daf him Shabbat TB 69 the amoraim, the rabbis who lived after 200 CE to 500 CE, want to fine-tune who is exactly a shogaig according to the sages.

“The Gemara asks: And in the opinion of the Rabbis, lack of awareness with regard to what aspects of the prohibition renders the action unwitting? Rabbi Yoḥanan said: It is an unwitting transgression since he was unwitting with regard to the fact that the punishment for his transgression is karet, even though he was aware that his action was in violation of a Torah prohibition, and he performed the transgression intentionally. And Reish Lakish said that according to the Rabbis it is not considered unwitting until he was unwitting with regard to both the prohibition and karet, i.e., he was unaware that his action was prohibited by Torah law.” (Sefaria.org translation)

According to Rabbi Yoḥanan a shogaig is a person who knows that what he is doing is prohibited but is unaware that the punishment is karet, כרת. Reish Lakish disagrees and defines a shogaig as a person who forgot about all aspects that prohibited action.

Rambam decides Jewish law when it comes to a definition of a shogaig according to Rabbi Yoḥanan’s position. See Mishneh Torah, Sefer Korbanot, Hilchot Shiggigot chapter 2 Halacha 2.

“How long have we been self-sheltering? It seems like forever because the days run into each other. Since the Gemara has been discussing issues about forgetting, it brings a case that we may identify with. What happens when you’re in a situation that you have lost all track of time and don’t know what day is Shabbat? I quoted the following Gemara for your consideration.

“Rav Huna said: One who was walking along the way or in the desert, and he does not know when Shabbat occurs, he counts six days from the day that he realized that he lost track of Shabbat and then observes one day as Shabbat. Ḥiyya bar Rav says: He first observes one day as Shabbat and then he counts six weekdays. The Gemara explains: With regard to what do they disagree? One Sage, Rav Huna, held: It is like the creation of the world, weekdays followed by Shabbat. And one Sage, Ḥiyya bar Rav, held: It is like Adam, the first man, who was created on the sixth day. He observed Shabbat followed by the six days of the week. The Gemara raises an objection to the opinion of Ḥiyya bar Rav from a baraita: If a person was walking along the way and does not know when Shabbat occurs, he observes one day for every six. What, does this not mean that he counts six and then observes one day in accordance with the opinion of Rav Huna? The Gemara rejects this: No, it could also mean that he observes one day and then counts six.

“Rava said: The person who lost track of Shabbat and treats one day a week as Shabbat, each day he makes enough food to sustain himself, except for that day which he designated as Shabbat. The Gemara asks: And on that day let him die? Rather, it means that the day before he makes twice the amount of food that he prepared on the other days to sustain him for that day and the following day. The Gemara asks: And perhaps the day before was actually Shabbat? In that case, not only did he perform labor on Shabbat, but he also performed labor on Shabbat in preparation for a weekday. Rather, on each and every day he makes enough food to sustain himself for that day, including on that day that he designated as Shabbat. And if you ask: And how is that day which he designated as Shabbat distinguishable from the rest? It is distinguishable by means of the kiddush and the havdala that he recites on that day.” (Sefaria.org translation)