Up to now we have been discussing two categories of Shabbat violators.
The first is the mazid, מזיד. He knows it is Shabbat and what he is doing is prohibited on
Shabbat; nevertheless, he consciously violates the Sabbath. One of his punishments
is kareit, כרת.The second
category is the shogeg, שוגג. He knows that it is Shabbat but forgets what he is doing is
prohibited. Or, he forgets it is Shabbat but he knows that what he is doing
would be prohibited. This individual needs to bring a sin offering, חטאת
. Today’s daf TB Shabbat 72 introduces a
third category, mit’asek, מתעסק.
A mit’asek has in mind to do something
absolutely permitted on Shabbat. In the course of doing that permitted action,
he accidentally violates the Sabbath. A mit’asek is exempt from bringing any
sacrifice. A modern example of this category would be a person walking up a
flight of stairs and accidentally brushes against the wall and turns on or off
a light (which is prohibited according to orthodox understanding of Jewish
law). Of course, after providing an example of mit’asek, the Gemara sites a
disagreement between Rava and Abaye.
“It was stated that amora’im
disagreed with regard to the halakha in the following case: One who
intended to lift a plant detached from the ground on Shabbat and
mistakenly severed a plant still attached to the ground, which
under other circumstances constitutes performance of the prohibited labor of
reaping, is exempt from bringing a sin-offering for his mistaken act,
since he did not intend to perform an act of cutting. One who performs an
action unawares [mitasek], i.e., he had no intention to perform the act
at all, incurs no liability whatsoever.
“One who
intended to cut a detached plant and unwittingly severed
a plant still attached to the ground, Rava said: He too is
exempt. Abaye said: He is liable. The Gemara elaborates: Rava said
that he is exempt because he did not intend to perform an act of prohibited
severing. He intended to perform an action completely permitted on Shabbat.
He had no misconception with regard to the halakhot of Shabbat. It was
merely a mistaken act. And Abaye said that he is liable because he
intended to perform a standard act of cutting. Since he
intended to perform that act, and he carried out his intent, the Torah
characterizes it as unwitting and not as unawares.” (Sefaria.org translation)
Rava contends
that what he didn’t do what he intended. The person had no intention of cutting
the plant attached to the ground; consequently he is exempt from bringing a sin
offering. Abaye contends his intentions were to cut and he fulfilled his
intentions; consequently he is liable for a sin offering.
Once again
Rambam decides Jewish law in favor of Rava’s understanding. Mishnah Torah,
sefer karbanot, Hilkhot Shiggigot, chapter 7 halkhah 11.
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