If there is uncertainty whether one ate forbidden fat and uncertainty whether one did not eat forbidden fat, or even if one ate forbidden fat and there is uncertainty whether there is the measure that determines liability in the piece he ate and uncertainty whether there is not the measure that determines liability in the piece he ate, he must bring a provisional guilt offering. If one has a piece of permitted fat and a piece of forbidden fat before him and he ate one of them and he does not know which of them he ate; or if his wife and his sister were with him in the house and he unwittingly engaged in intercourse with one of them and he does not know with which of them he unwittingly engaged in intercourse; or if he confused Shabbat and a weekday and he performed labor prohibited on Shabbat on one of the days and he does not know on which of them he performed the labor, in all of those cases he is liable to bring a provisional guilt offering.
Just as in a case where one unknowingly ate a piece of forbidden fat and then another piece of forbidden fat in a single lapse of awareness he is liable to bring only one sin offering, so too, in a case where their status is unknown to him and he ate them both unwittingly during a single lapse in awareness, he is liable to bring only one provisional guilt offering. But if he had gained knowledge between the first and second instance of eating that there is a possibility the fat might be prohibited, then the halakha is different: Just as he would be liable to bring a sin offering for each and every piece when he gained knowledge of their prohibited status in between each act of consumption, so too, he must bring a provisional guilt offering for each and every instance in which he consumed food that might be forbidden after learning of their uncertain status in between each unwitting act of consumption. Just as in a case where one ate forbidden fat, and blood, and piggul, and notar in one lapse of awareness he is liable to bring a sin offering for each and every one, so too, with regard to a case where their status is unknown to him and he ate them unwittingly during one lapse of awareness, he must bring a provisional guilt offering for each and every item. If one has pieces of forbidden fat and notar before him and he ate one of them and he does not know which of them he ate; or if his menstruating wife and his sister were with him in the house and he unwittingly engaged in intercourse with one of them and he does not know with which of them he unwittingly engaged in intercourse; or if Shabbat and Yom Kippur occurred adjacent to one another and he performed prohibited labor during the intervening twilight period and he does not know on which of the days he performed the labor, in all of these cases, Rabbi Eliezer deems the transgressor liable to bring a sin offering, as he certainly sinned, and Rabbi Yehoshua deems the transgressor exempt, as he does not know the nature of his sin. Rabbi Yosei said: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to one who performs prohibited labor during the intervening twilight period because they concur that he is exempt, as I say: He performed part of the labor today, and he performed part of the labor the following day.With regard to what case did they disagree? With regard to the case of one who performs prohibited labor in the midst of the day, and he does not know whether it was on Shabbat that he performed the labor or whether it was on Yom Kippur that he performed the labor; or with regard to one who performs a prohibited labor and he does not know which labor he performed. As, in those cases Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rabbi Yehuda said: Rabbi Yehoshua would deem him exempt even from bringing a provisional guilt offering.
Rabbi Shimon and Rabbi Shimon Shezuri say: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to a case involving a matter where his lack of knowledge involves items from one category, e.g., he picked a grape from a vine on Shabbat and does not know which vine it was, as in that case they both agree that he is liable, since he knows the nature of his sin. With regard to what case did they disagree? With regard to a case involving a matter where his lack of knowledge involves items from two categories, e.g., he picked fruit from a tree on Shabbat and does not know whether it was from a vine or from a fig tree. As, in that case Rabbi Eliezer deems him liable to bring a sin offering, since he certainly sinned, and Rabbi Yehoshua deems him exempt, as he does not know the nature of his sin. Rabbi Yehuda said: Even if one intended to pick figs and he picked grapes, or to pick grapes and he picked figs, or to pick black figs and he picked white figs, or to pick white figs and he picked black figs, Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rabbi Yehuda added: I wonder if Rabbi Yehoshua deemed him exempt in that case, as even in his opinion the person intended to perform a prohibited labor. The mishna asks: If it is so, that he is not exempt according to Rabbi Yehuda, why is it stated: “If his sin, wherein he has sinned” (Leviticus 4:23), from which it is derived that one is liable only if the object of the sin was the one that he intended? The mishna answers: This serves to exclude one who acts unawares and does not intend to perform a prohibited action at all.
סָפֵק אָכַל חֵלֶב, סָפֵק לֹא אָכַל. וַאֲפִלּוּ אָכַל, סָפֵק יֵשׁ בּוֹ כַשִּׁעוּר, סָפֵק שֶׁאֵין בּוֹ. חֵלֶב וְשֻׁמָּן לְפָנָיו, אָכַל אֶת אַחַד מֵהֶן וְאֵין יָדוּעַ אֵיזוֹ מֵהֶן אָכַל. אִשְׁתּוֹ וַאֲחוֹתוֹ עִמּוֹ בַבַּיִת, שָׁגַג בְּאַחַת מֵהֶן וְאֵין יָדוּעַ בְּאֵיזוֹ מֵהֶן שָׁגָג. שַׁבָּת וְיוֹם חֹל, וְעָשָׂה מְלָאכָה בְאַחַת מֵהֶן וְאֵין יָדוּעַ בְּאֵיזוֹ מֵהֶן עָשָׂה. מֵבִיא אָשָׁם תָּלוּי:
If there is uncertainty whether one ate forbidden fat and uncertainty whether one did not eat forbidden fat, or even if one ate forbidden fat and there is uncertainty whether there is the measure that determines liability in the piece he ate and uncertainty whether there is not the measure that determines liability in the piece he ate, he must bring a provisional guilt offering. If one has a piece of permitted fat and a piece of forbidden fat before him and he ate one of them and he does not know which of them he ate; or if his wife and his sister were with him in the house and he unwittingly engaged in intercourse with one of them and he does not know with which of them he unwittingly engaged in intercourse; or if he confused Shabbat and a weekday and he performed labor prohibited on Shabbat on one of the days and he does not know on which of them he performed the labor, in all of those cases he is liable to bring a provisional guilt offering.
כְּשֵׁם שֶׁאִם אָכַל חֵלֶב וְחֵלֶב בְּהֶעְלֵם אֶחָד אֵינוֹ חַיָּב אֶלָּא חַטָּאת אַחַת, כָּךְ עַל לֹא הוֹדַע שֶׁלָּהֶן אֵינוֹ מֵבִיא אֶלָּא אָשָׁם אֶחָד. אִם הָיְתָה יְדִיעָה בֵינְתַיִם, כְּשֵׁם שֶׁהוּא מֵבִיא חַטָּאת עַל כָּל אַחַת וְאַחַת, כָּךְ הוּא מֵבִיא אָשָׁם תָּלוּי עַל כָּל אַחַת וְאֶחָת. כְּשֵׁם שֶׁאִם אָכַל חֵלֶב וְדָם נוֹתָר וּפִגּוּל בְּהֶעְלֵם אֶחָד, חַיָּב עַל כָּל אֶחָד וְאֶחָד, כָּךְ עַל לֹא הוֹדַע שֶׁלָּהֶן מֵבִיא אָשָׁם תָּלוּי עַל כָּל אֶחָד וְאֶחָד. חֵלֶב וְנוֹתָר לְפָנָיו, אָכַל אַחַד מֵהֶם וְאֵין יָדוּעַ אֵיזֶה מֵהֶם אָכַל. אִשְׁתּוֹ נִדָּה וַאֲחוֹתוֹ עִמּוֹ בַבַּיִת, שָׁגַג בְּאַחַת מֵהֶן וְאֵין יָדוּעַ בְּאֵיזוֹ מֵהֶן שָׁגָג. שַׁבָּת וְיוֹם הַכִּפּוּרִים וְעָשָׂה מְלָאכָה בֵּין הַשְּׁמָשׁוֹת וְאֵין יָדוּעַ בְּאֵיזֶה מֵהֶם עָשָׂה. רַבִּי אֱלִיעֶזֶר מְחַיֵּב חַטָּאת, וְרַבִּי יְהוֹשֻׁעַ פּוֹטֵר. אָמַר רַבִּי יוֹסֵי, לֹא נֶחְלְקוּ עַל הָעוֹשֶׂה מְלָאכָה בֵּין הַשְּׁמָשׁוֹת, שֶׁהוּא פָטוּר, שֶׁאֲנִי אוֹמֵר, מִקְצָת מְלָאכָה עָשָׂה מֵהַיּוֹם, וּמִקְצָתָהּ לְמָחָר. וְעַל מַה נֶּחְלְקוּ, עַל הָעוֹשֶׂה בְּתוֹךְ הַיּוֹם וְאֵין יָדוּעַ אִם בְּשַׁבָּת עָשָׂה וְאִם בְּיוֹם הַכִּפּוּרִים עָשָׂה. אוֹ עַל הָעוֹשֶׂה וְאֵין יָדוּעַ מֵעֵין אֵיזוֹ מְלָאכָה עָשָׂה. רַבִּי אֱלִיעֶזֶר מְחַיֵּב חַטָּאת, וְרַבִּי יְהוֹשֻׁעַ פּוֹטֵר. אָמַר רַבִּי יְהוּדָה, פּוֹטְרוֹ הָיָה רַבִּי יְהוֹשֻׁעַ אַף מֵאָשָׁם תָּלוּי:
Just as in a case where one unknowingly ate a piece of forbidden fat and then another piece of forbidden fat in a single lapse of awareness he is liable to bring only one sin offering, so too, in a case where their status is unknown to him and he ate them both unwittingly during a single lapse in awareness, he is liable to bring only one provisional guilt offering. But if he had gained knowledge between the first and second instance of eating that there is a possibility the fat might be prohibited, then the halakha is different: Just as he would be liable to bring a sin offering for each and every piece when he gained knowledge of their prohibited status in between each act of consumption, so too, he must bring a provisional guilt offering for each and every instance in which he consumed food that might be forbidden after learning of their uncertain status in between each unwitting act of consumption. Just as in a case where one ate forbidden fat, and blood, and piggul, and notar in one lapse of awareness he is liable to bring a sin offering for each and every one, so too, with regard to a case where their status is unknown to him and he ate them unwittingly during one lapse of awareness, he must bring a provisional guilt offering for each and every item. If one has pieces of forbidden fat and notar before him and he ate one of them and he does not know which of them he ate; or if his menstruating wife and his sister were with him in the house and he unwittingly engaged in intercourse with one of them and he does not know with which of them he unwittingly engaged in intercourse; or if Shabbat and Yom Kippur occurred adjacent to one another and he performed prohibited labor during the intervening twilight period and he does not know on which of the days he performed the labor, in all of these cases, Rabbi Eliezer deems the transgressor liable to bring a sin offering, as he certainly sinned, and Rabbi Yehoshua deems the transgressor exempt, as he does not know the nature of his sin. Rabbi Yosei said: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to one who performs prohibited labor during the intervening twilight period because they concur that he is exempt, as I say: He performed part of the labor today, and he performed part of the labor the following day. With regard to what case did they disagree? With regard to the case of one who performs prohibited labor in the midst of the day, and he does not know whether it was on Shabbat that he performed the labor or whether it was on Yom Kippur that he performed the labor; or with regard to one who performs a prohibited labor and he does not know which labor he performed. As, in those cases Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rabbi Yehuda said: Rabbi Yehoshua would deem him exempt even from bringing a provisional guilt offering.
רַבִּי שִׁמְעוֹן שְׁזוּרִי וְרַבִּי שִׁמְעוֹן אוֹמְרִים, לֹא נֶחְלְקוּ עַל דָּבָר שֶׁהוּא מִשּׁוּם שֵׁם אֶחָד, שֶׁהוּא חַיָּב. וְעַל מַה נֶּחְלְקוּ. עַל דָּבָר שֶׁהוּא מִשּׁוּם שְׁנֵי שֵׁמוֹת, שֶׁרַבִּי אֱלִיעֶזֶר מְחַיֵּב חַטָּאת וְרַבִּי יְהוֹשֻׁעַ פּוֹטֵר. אָמַר רַבִּי יְהוּדָה, אֲפִלּוּ נִתְכַּוֵּן לְלַקֵּט תְּאֵנִים וְלִקֵּט עֲנָבִים, עֲנָבִים וְלִקֵּט תְּאֵנִים, שְׁחוֹרוֹת וְלִקֵּט לְבָנוֹת, לְבָנוֹת וְלִקֵּט שְׁחוֹרוֹת, רַבִּי אֱלִיעֶזֶר מְחַיֵּב חַטָּאת, וְרַבִּי יְהוֹשֻׁעַ פּוֹטֵר. אָמַר רַבִּי יְהוּדָה, תָּמֵהַּ אֲנִי אִם יִפְטֹר בָּהּ רַבִּי יְהוֹשֻׁעַ. אִם כֵּן, לָמָּה נֶאֱמַר (ויקרא ד), אֲשֶׁר חָטָא בָּהּ. פְּרָט לְמִתְעַסֵּק:
Rabbi Shimon and Rabbi Shimon Shezuri say: Rabbi Eliezer and Rabbi Yehoshua did not disagree with regard to a case involving a matter where his lack of knowledge involves items from one category, e.g., he picked a grape from a vine on Shabbat and does not know which vine it was, as in that case they both agree that he is liable, since he knows the nature of his sin. With regard to what case did they disagree? With regard to a case involving a matter where his lack of knowledge involves items from two categories, e.g., he picked fruit from a tree on Shabbat and does not know whether it was from a vine or from a fig tree. As, in that case Rabbi Eliezer deems him liable to bring a sin offering, since he certainly sinned, and Rabbi Yehoshua deems him exempt, as he does not know the nature of his sin. Rabbi Yehuda said: Even if one intended to pick figs and he picked grapes, or to pick grapes and he picked figs, or to pick black figs and he picked white figs, or to pick white figs and he picked black figs, Rabbi Eliezer deems him liable to bring a sin offering and Rabbi Yehoshua deems him exempt. Rabbi Yehuda added: I wonder if Rabbi Yehoshua deemed him exempt in that case, as even in his opinion the person intended to perform a prohibited labor. The mishna asks: If it is so, that he is not exempt according to Rabbi Yehuda, why is it stated: “If his sin, wherein he has sinned” (Leviticus 4:23), from which it is derived that one is liable only if the object of the sin was the one that he intended? The mishna answers: This serves to exclude one who acts unawares and does not intend to perform a prohibited action at all.