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9) THE SACRIFICE FOR A MISTAKEN RULING

(a) Also, Beis Din brings the sacrifice for a mistaken ruling in idolatry which pertains to Kares/Chatas.
(b) This was also learned in a Mishnah.
(c) (Mishnah): Any Mitzvah punishable by Kares/Chatas, an individual brings a female goat or lamb; the Nasi brings a male goat; the Kohen Gadol and Sanhedrin bring an ox;
(d) In idolatry, an individual, the Nasi or Kohen Gadol bring a goat; the congregation brings an ox as an Olah (burnt offering), and a goat as a Chatas (sin offering).
(e) Question: What is the source for this?
(f) Answer (Beraisa): "And the sin they sinned Aleha becomes known" - Rebbi says, we learn a Gezerah Shaveh.

1. "Aleha" is also said by a wife's sister, a sin punishable by Kares/Chatas when done deliberately/accidentally - here also, the sin discussed is punishable by Kares/Chatas.

(g) Question: This only answers for the congregation - how do we know this by the Kohen Gadol?
(h) Answer: "For the guilt of the nation" - the Torah equates him to the congregation.

1. An individual and the Nasi are learned from a Gezerah Shaveh "Mitzvos-Mitzvos".

(i) (Mishnah): "By idolatry ... Kares/Chatas".

1. A Gezerah Shaveh "Einei-Einei" teaches this law for the congregation.
2. An individual, Nasi or Kohen Gadol are learned from "And if one soul" - each of these is a soul!

i. "And" shows that we learn the latter Parsha from the previous one.

(a) Question: How do Chachamim learn this?
(b) Answer: As R. Yehoshua taught his son, "There will be one law for you, for one who does inadvertently"; "The soul that will deliberately sin".

1. The entire Torah is equated to idolatry. Just as idolatry is punishable by Kares/Chatas, the former verse also deals with such sins.

(c) Question: This teaches an individual, Nasi and Kohen Gadol both by regular sins and idolatry.

1. How do we know the law of the congregation by idolatry?
2. Answer: "And if a soul" - we learn the law of the congregation from the law of an individual, which is written after it.
3. How do we know the law of the congregation by other Mitzvos?
4. Answer: A Gezerah Shaveh "Me-einei - Me-einei".

(d) Question: What does Rebbi learn from "One law"?
(e) Answer (Beraisa): We see that the Torah distinguished between individuals and a multitude (by an idolatrous city) - individuals are killed by stoning, so their money is saved; a multitude is killed by the sword, so their money is destroyed;
(f) One might think, their sacrifices are different - "There will be one law for you".
(g) Question (Rav Chilkiyah): If not for this verse, a multitude would bring a different sacrifice - what would they bring?

1. Suggestion #1: Let them bring an ox - but the congregation brings this for other Mitzvos!
2. Suggestion #2: Let them bring a female sheep - but an individual brings this for other Mitzvos!
3. Suggestion #3: Let them bring a goat - but the Nasi brings this for other Mitzvos!
4. Suggestion #4: Let them bring an ox as an Olah and a goat as a Chatas - but the congregation brings this for idolatry!
5. Suggestion #5: Let them bring a female goat - but an individual brings this!

(h) Answer #1: Since the congregation brings an ox as an Olah and a goat as a Chatas for a mistaken ruling, I would think that an idolatrous city brings the reverse.

1. Answer #2: Or, one would think that they must bring a different sacrifice, but have no solution!
2. "One law" teaches not like this.

(a) Question (Levi): Why didn't the Mishnah teach a 16th case?
(b) Rebbi: It seems that (Levi) has no brain in his skull.

1. Do you think he should teach a man's mother who was raped (i.e. never married) to his father? R. Yehudah and Chachamim argue on this, and the Tana does not list cases subject to dispute.

i. Question: But the Mishnah lists Chaivei Lavin and Rabbinic prohibitions, which R. Akiva and Chachamim argue over!
ii. Answer: In our chapter we do not list cases of dispute.
iii. Question: But our chapter teaches that Beis Shamai permit the Tzaros to the brothers, and Beis Hilel prohibit!
iv. Answer: Beis Shamai is not considered a dissenting opinion against Beis Hilel (since the law is always as Beis Hilel).
v. Question: We teach the case of a widow of a brother that died before the Yavam was born, on which R. Shimon and Chachamim argue!

vi. Answer: When the Yavam was born before his older brother did Yibum, R. Shimon agrees.
vii. Objection: But R. Ushiya said that R. Shimon argues even in this case!
viii.Answer: R. Ushiya was refuted.

2. Question: Rav Yehudah taught that in each case, one can find that the woman prohibited to this brother is permitted to this one, and the woman prohibited to this brother is permitted to this one, and the sister of an Ervah that falls to Yibum (with her sister) does Chalitzah, not Yibum.
3. Rav Yehudah applied this to the cases starting with mother-in-law, but not in the first 6 cases.

i. This is because this scenario with one's daughter can only arise through rape, not through marriage - we do not deal with such cases.

4. Abaye applied this even to the case of one's daughter.

i. The scenario can arise, even if it only arises in a forbidden way.

5. We do not include the scenario for the case of a widow of a brother that died before the Yavam was born.

i. This is because it only arises according to R. Shimon, not to Chachamim - we are not dealing with disputes.

6. Rav Safra includes the scenario for the case of a widow of a brother that died before the Yavam was born.

i. The case arises with 6 brothers, according to R. Shimon.