Halakhah for Nedarim 70:8
שכך כותב לה ואחריות דאית ליך עלי מן קדמת דנא
But those who lack atonement are different.<span class="x" onmousemove="('comment',' I.e., those who are unclean, and not permitted to eat holy food (e.g., the flesh of sacrifices) or enter the Sanctuary until their sacrifices have been offered up. This term however does not refer to sinners, whose sacrifice makes atonement for them. The sin- and guilt-offerings mentioned in the Mishnah will also refer to the former. ');"><sup>8</sup></span> For R. Johanan said: All [sacrifices] require [the owner's] consent,<span class="x" onmousemove="('comment',' Before the priest may offer them. ');"><sup>9</sup></span> save for those lacking atonement; since a man brings a sacrifice for his sons and daughters when minors, for it is said, This is the law of him that hath issue,<span class="x" onmousemove="('comment',' Lev. XV. 32, referring to the sacrifices. ');"><sup>10</sup></span> [implying] both for a minor or an adult.<span class="x" onmousemove="('comment',' The expression 'this is the law' is emphatic, and hence extends its provisions to include those who might otherwise not have been included. Since a minor cannot bring a sacrifice himself, his father must do so for him. Moreover, a minor has no legal consent. Thus, we see that these sacrifices can be brought without their owner's (i.e., those on whose behalf it is offered) consent. Since their consent is unnecessary, the priests do not act as their agents, and on that account it is permitted. ');"><sup>11</sup></span> If so, according to R. Johanan, does, This is the law for her that hath born [a male or a female]<span class="x" onmousemove="('comment',' Ibid. XII, 7. ');"><sup>12</sup></span> imply both an adult or a minor? Is a minor capable of childbirth? But R. Bibi recited in R. Nahman's presence: Three women use a resorbent [to prevent conception]: a minor, a pregnant woman, and a woman giving suck: a minor, lest she conceive and die?<span class="x" onmousemove="('comment',' V. Yeb. 12b. Thus we see that a minor is incapable of childbirth. — Of course, the same might have been stated simply on physiological grounds. ');"><sup>13</sup></span> — That verse, 'This is the law for her that hath born', [teaches,] that it is a]] one whether the woman be sane or an imbecile, since one must offer a sacrifice for his wife, if an imbecile, in accordance with R. Judah's dictum. For it was taught. R. Judah said: A man must offer a rich man's sacrifice<span class="x" onmousemove="('comment',' Certain sacrifices were variable, depending on their owner's financial position (v. Lev. V, 1-13; XII, 1-8). Now in a strictly legal sense every married woman is poor, since she has no proprietary rights, everything belonging to her husband. Nevertheless, if he is wealthy, he must bring the sacrifice of a rich person. ');"><sup>14</sup></span> for his wife, and all other sacrifices which are incumbent upon her; since he writes thus for her [in her marriage settlement]: [I shall pay] every claim you may have against me from before up to now.<span class="x" onmousemove="('comment',' [This clause is taken as referring to sacrifices for which she may have become liable after the betrothal.] So curr. edd. Ran omits 'R. Judah said' from the beginning of the Baraitha, and adds at this point: R. Judah said: Therefore, if he divorced her, he is free from this liability, for thus she writes (in the document acknowledging receipt of settlements due to her on divorce): (I free you) from all the liabilities hitherto borne by you in respect of me. From the Rashi in B.M. 104a, it appears that his version there was the same as the Ran's here. Now, reverting to the argument, since R. Judah (and the first Tanna) taught that a husband is liable for his wife's obligatory sacrifices, 'this is the law' may be interpreted as applying to an imbecile too, the liability resting with her husband. For if this principle of the husband's liability were not admitted, this interpretation would be impossible, since an imbecile herself is not a responsible person. ');"><sup>15</sup></span>
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