Keritot 37
הכא במאי עסקינן כגון שהלך בראשון ובשעת הילוכו בשני שכח שהלך בראשון
And they differ in this: The first Tanna holds, A partial knowledge is like a complete knowledge;<span class="x" onmousemove="('comment',' Since he passed through both roads he is definitely unclean, but his knowledge is incomplete, for when walking in the second road he had forgotten about the first. Yet he is liable, for incomplete knowledge is like complete knowledge.');"><sup>3</sup></span>
מקצת ידיעה כידיעה דמיא ור"ש סבר
The Master said: 'If he passed through one and entered [the Temple precincts], and was sprinkled upon once and also a second time, and immersed himself; and then he passed through the other and entered [the Temple precincts], he is liable'.
אמר ריש לקיש
There is thus a contradiction between the two expositions of R'Johanan, and also a contradiction between the two expositions of Resh Lakish.<span class="x" onmousemove="('comment',' For R. Johanan maintains above that consciousness of doubtful sins is not valid and here he states that the Sages, i.e., the accepted authority hold it is of avail with regard to all the laws of the Torah. And Resh Lakish maintains above that Rabbi, the author of the Mishnah, holds that consciousness of doubtful sins is of no avail, whilst he feels compelled to quote R. Ishmael as the author of this view.');"><sup>4</sup></span>
הא מני
It will be granted that there is no contradiction between the two expositions of R'Johanan, for [we may say that he meant] only here they made [doubtful knowledge like definite knowledge] but not everywhere in the whole Torah did they do so, the reason being that in the case of uncleanness it is written: It being hidden from him that he is unclean,<span class="x" onmousemove="('comment',' Lev. V, 2.');"><sup>5</sup></span>
רבי ישמעאל היא דלא בעי ידיעה בתחלה
[indicating that] even [if there is some] uncertainty in connection with his knowledge, Scripture still renders him liable; but regarding the other laws of the Torah,it is written: If his sin be known to him;<span class="x" onmousemove="('comment',' Ibid. IV, 28. okgbu');"><sup>6</sup></span>
כאן עשו אבל בכל התורה כולה לא מאי טעמא
to teach us that one is liable both for forgetfulness of th uncleanness and for forgetfulness of the Temple.<span class="x" onmousemove="('comment',' Shebu. 14b. The term 'hidden' is the source of the rule that knowledge at one time of the uncleanness is essential, cf. Shebu. 4a. As R. Ishmael uses this expression to derive another law, it may be assumed that he disagrees with that rule, and does not require knowledge in the beginning.');"><sup>8</sup></span>
(ויקרא ד, כג) או הודע אליו חטאתו אי אית ליה ידיעה הוא דמחייב
<big><b>MISHNAH: </b></big>[IF BOTH] HELEB AND NOTHAR LAY BEFORE A PERSON AND HE ATE ONE OF THEM BUT DOES NOT KNOW WHICH, OR IF HIS MENSTRUANT WIFE AND HIS SISTER WERE WITH HIM IN HIS HOUSE AND HE UNITED, IN ERROR,<span class="x" onmousemove="('comment',' I.e., thinking it was his wife and that she was clean. In all these instances the fact that he committed a trespass is afterwards established beyond doubt, though the transgressor was unaware of it at the time of action, but it is unknown which law was broken.');"><sup>9</sup></span>
אלא לר"ל קשיא אדמוקים לה כר' ישמעאל לוקמה כרבי
WITH ONE OF THEM AND DOES NOT KNOW WITH WHICH, OR IF SABBATH AND THE DAY OF ATONEMENT [FOLLOWED EACH OTHER]<span class="x" onmousemove="('comment',' I.e., when the Day of Atonement fell upon Friday or Sunday.');"><sup>10</sup></span>
הא מתניתין היא
REMARKED R'JOSE: THEY DID NOT DISPUTE ABOUT WHETHER HE THAT DID WORK AT TWILIGHT WAS EXEMPT, FOR I MAY ASSUME THAT PART OF THE WORK WAS DONE ON THE ONE DAY AND PART ON THE FOLLOWING DAY.<span class="x" onmousemove="('comment',' Viz., each time less than the requisite standard.');"><sup>11</sup></span>
ונעלם ממנו שתי פעמים לחייב על העלם טומאה ועל העלם מקדש
ABOUT ONE WHO DID WORK DURING THE DAY ITSELF BUT HE DID NOT KNOW WHETHER HE DID IT ON THE SABBATH OR ON THE DAY OF ATONEMENT, OR IF HE DID WORK AND DID NOT KNOW WHAT MANNER OF WORK HE DID:<span class="x" onmousemove="('comment',' I.e., he is sure that his work was a forbidden act, but does not remember, e.g., whether he ploughed or sowed.');"><sup>12</sup></span>
<big><strong>מתני׳</strong></big> חלב ונותר לפניו ואכל אחד מהן ואינו יודע איזה מהן אכל
R'SIMEON AND R'SIMEON SHEZURI SAID: THEY DID NOT DISPUTE REGARDING TRANSGRESSION OF THE SAME DENOMINATION<span class="x" onmousemove="('comment',' I.e., of the same category, e.g., if he picked a certain fruit but did not know from which tree.');"><sup>13</sup></span>
לא נחלקו על העושה מלאכה בין השמשות שהוא פטור שאני אומר
SAID R'JUDAH: EVEN IF HE INTENDED TO PICK FIGS AND HE PICKED GRAPES, OR GRAPES AND HE PICKED FIGS, WHITE [GRAPES] AND HE PICKED BLACK ONES, OR BLACK AND HE PICKED WHITE ONES, R'ELIEZER DECLARES HIM LIABLE AND R'JOSHUA DECLARES HIM EXEMPT.
על מה נחלקו
BUT THEN<span class="x" onmousemove="('comment',' I.e., if R. Joshua indeed agrees that he is liable in the last instance, even though his intention had not been realised, because he was after all set upon a forbidden act.');"><sup>14</sup></span>
על העושה מלאכה בתוך היום ואינו יודע אם בשבת עשה אם ביוה"כ עשה או על העושה ואינו יודע מעין איזו מלאכה עשה שרבי אליעזר מחייב חטאת ורבי יהושע פוטר
WHY IS IT WRITTEN, WHEREIN HE HATH SINNED?<span class="x" onmousemove="('comment',' Lev. IV, 23. The word 'wherein' is considered superfluous, to imply that in that particular act lay his intention. exg,n');"><sup>15</sup></span>
א"ר יהודה
TO EXCLUDE UNPURPOSED ACTION.<span class="x" onmousemove="('comment',' Heb. , lit. 'occupy oneself'; the transgression resulting from his act was not purposed, for his intention was to do what was permitted. V. GEMARA:');"><sup>16</sup></span>
פוטרו היה רבי יהושע אף מאשם תלוי
<big><b>GEMARA: </b></big>It has been taught: R'Eliezer argued, In any event [he has transgressed]; if it was the heleb he ate he is liable, if the nothar he is liable; if it was his menstruant wife with whom he united he is liable, if his sister he is liable; if it was Sabbath when he did the work he is liable, if the Day of Atonement is liable! Replied to him R'Joshua: It says, 'wherein he hath sinned':<span class="x" onmousemove="('comment',' V. p. 148, n. 5.');"><sup>17</sup></span>