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Bava Metzia 003: Bringing a Chatas for a sin one denies
Sam Kosofsky asked:
Rebbe,
The gemara discusses a case where two witnesses come and say someone is
mechayav a chatas. He denies it. He insists he didn't eat cheilev or whatever
similar chait they accused him of. There is a machlokes between Rav Meir and
the chachamim whether he is compelled to bring a chatas or not. A kol v'chomer
is cited.
If a person brings a chatas, however, he has to be misvadeh and do teshuvah.
This individual can do neither of those actions since he continues to actively
deny having done the sin he is accused of. How then can he be compelled to
bring a chatas?
B'kavod,
Sam Kosofsky
--------------------------
The Kollel replies:
Sam it was good to hear from you again after a long gap! I remembered that
your questions are always lomdish and this was no exception!
(1) Your question is asked by Reb Elchonon Wasserman ztl in Kovetz Haaros on
Yevamos 67:13 ( I found this cited in the Shitah Mekubetzes Hamevoar Bava
Metzia 3b note 581 wriiten by my late friend and colleague Rabbi Yossi
Gutfreind ztl who was niftar a few months ago at the tragically young age of
45. We learnt together at Rav Tzvi Kushalevsky shlitas Yeshiva before we got
married).
(2) Reb Elchanan answers that even though the Gemara states in Shavuos end 12b
that the goat offered on Yom Kippur does not atone without Teshuva, this does
not necessarily mean that Teshuva as such is an essential part which must
combine with every Korban. Rather the main thing is that the korban should not
be a sacrifice of a rasha which is an abonimation (Mishlei 21:27) as
mentioned in the above Gemara. Therefore if a person is aware that he is
obliged to do Teshuva but does not do so, he is a rasha and his sacrifice is an
abomination. In contrast if he does not know that he must do Teshuva for
instance in our Gemara according to Rabbi Meir where he believes he never ate
the cheilev - he is consequently not considered a rasha and his sacrifice is
valid even without Teshuva.
(3) Reb Elchanan cites a proof for this idea from the above Gemara from which
one learns that a public korban, i.e. the Yom Kippur goat, also does not
provide atonement for someone who did not do teshuva. However the Mishnah on
Shavuos 2a states that the goats offered on Regalim (Yomtov) atone for cases
where a person was not aware either before or after that he had entered the
Beis Hamikdash or eaten holy food when he was impure. In such a case a person
could clearly not do Teshuva because he had no idea that he was ever impure.
Even so we see that the goats on Yomtov provide atonement for this for the
public. This proves that if a person does not know that he has to do Teshuva he
is not considered a rasha, and the korban can atone for him.
(4) You also wrote that when someone brings a korban he has to be misvadeh. I
am not sure at the moment whether this applies to a chatas because the Torah
(Bamidbar 5:7) appears only to require this for an asham. In addition it is not
clear that the korban is invalid without the viduy. Even though the Rambam
(Hilchos Teshuva 1:1) seems to say that viduy is an essential part of Teshuva,
nevertheless as we have written above, Teshuva is not necessarily an essential
part of the korban if the person did not know he had done an aveira.
Gut Chodesh and Gut Yomtov
Dovid Bloom
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