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Chazal were clearly strict with an accidental wrongdoer in a couple of areas. One is in regard to one who damages. The mishna (Bava Kama 26a) says that one is liable to pay in full for damages that he (as opposed to his property) causes, whether he acted on purpose or accidentally, was awake or sleeping, and even if it occurred b’oness (under circumstances beyond his control). Thus, obligation for one’s own damages is nearly total. (There is a well-known machloket between Tosafot and the Ramban as to the parameters of this rule’s exceptions.)
Another area of responsibility for mistakes b’shogeg is mentioned in Pirkei Avot (4:13): "One should be careful regarding talmud, for shogeg regarding talmud is like purposeful sin." Rashi (Bava Metzia 33b) explains that this is a warning to one who paskens halacha (makes rulings). If he ruled improperly due to a mistake in learning a halachic topic, such as by not knowing the reasons behind the sources and thereby comparing matters falsely, it is as if he did so purposely because he did not ask his teachers.
The gemara (Bava Batra 21a, see Melachim I, 11:16) assumes the same idea applies to a Torah teacher. Yoav, David’s general, fought Amalek until he killed all the males. David asked him why he left the women. He answered that the Torah said to wipe out only zachar (the male of) Amalek. David corrected him that it is read zecher (the memory of) Amalek. Yoav returned to his teacher, who confirmed that he had taught Yoav, zachar. Yoav considered killing him because the responsibility of a school teacher to teach correctly makes him considered as warned that there will be consequences (such as being fired) if he makes such mistakes. This story also reminds us of the price Shaul paid for making a mistake regarding the fight against Amalek. Apparently, that matter was particularly serious because of Shaul’s reluctance to take responsibility for his mistake.
The Ramban tries to explain why, in the context of serious religious sins b’shogeg, a korban is needed for atonement. He says that sins blemish the soul so that it is not be allowed to greet its Maker unless it is purified from sin. The korban allows one to draw closer to Hashem, Who gave man his soul. As they explain in the "world of yeshivot," a Torah violation is an issur cheftza, an intrinsic problem, which must be remedied even if there was no cognitive intention to sin. On the other hand, the Netivot (234:3) says that if one violated "only" a rabbinic violation, the matter does not require atonement if this issur gavra (devolving on the person) was done without the person’s intention to rebel against religious authority.
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Shoftim TESHUVA IN COURT OF LAW?
Parshat Shoftim-Chodesh Elul
Why does parshat Shoftim always come out during Elul? This innovative and central explanation is an eye-opener regarding many aspects of Judaism.
The Month of Elul TESHUVA IS THE ANSWER
The month of Elul serves as a vital time for self-reflection and personal accountability to prepare for true repentance.
P'ninat Mishpat P'ninat Mishpat: Realtor’s Fee on Large Commercial Building – part I
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 85031 of the Eretz Hemdah-Gazit Rabbinical Courts)
P'ninat Mishpat Complaints about Contractor’s Work – part II
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
(based on ruling 83037.1 of the Eretz Hemdah-Gazit Rabbinical Courts)
Chemdat Yamim Moreshet Shaul: The Goal of an Agricultural Yeshiva – part I
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the laying of the cornerstone of the Yeshiva Chakla’it in Kfar Haroeh)
Chemdat Yamim The Goal of an Agricultural Yeshiva – part II
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Based on Siach Shaul, Pirkei Machshava V’Hadracha p. 263 (address at the cornerstone laying for the Yeshiva Chakla’it in Kfar Haroeh – 1938)
Re'e NEVER EXTREME EXCEPT ISRAEL
Parshat Re'eh
Judaism is against extremism, so how can we understand the seemingly extreme statements found in our sages in favor of living in the Land of Israel and against living in Chutz laAretz? The article deals with the seeming contradiction between the strength of Free-Will and the strength of being influenced by our surroundings.
Ekev DANCE FOR ISRAEL- FOR YOUR BENEFIT
Parshat Eikev
Description: The 7 Haftarot we read after Tisha B'Av ("Shiva D'Nichemta") surely get us excited that they're coming TRUE, and awaken us to yearn, dance & join the return to Zion! The short article also deals with the problems and solutions facing the American Jewish community as discussed at a recent panel, as well as the question why Jews come from America to Israel to help when we face problems, but Israelis don't come to aid Jews in America when they face anti-Semitism.
