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Asham Talui and Yom Kippur

Keritut (6:4) | Yisrael Bankier | a day ago

The Mishnah (6:3) discusses a difference of opinion regarding the asham taliu. Recall that the asham talui is the korban that is brought when there is doubt regarding whether one violated a prohibition that obligates him to bring a korban chatat. The Mishnah teaches that R' Eliezer maintains that one could even bring that korban daily, voluntarily.

The Gemara (25a) explains, R' Eliezer reasons that the asham talui is a voluntary korban. If it was obligatory, he argues that even if it became clear that he did violate the prohibition, he should not be required to bring a korban chatat having already brought the asham talui. That however is not the case -- he must still bring a korban chatat. The Chachamim however reason that it is indeed obligatory, like all other guilt and sin offerings. This korban however serves a different purpose. It does not achieve an atonement for the sin, but rather protects the person from any potential yissurim until it is clear whether he sinned or not.

The next Mishnah (6:4) teaches that if one was obligated to bring an asham talui and, after which, the day of yom kippur passed, the person would no longer be required to bring it. R' Elazar in the Gemara (25b) explains that it says in the Torah (16:30), "From all your sins [before Hashem]{.underline} you will be purified". The Gemara understands that it is only those sins that are known to Hashem, that Yom Kippur exempts. A sin offering, by contrast, one would have to bring after yom kippur.

At a first reading, this appears to make more sense according to the Chachamim's understanding. The korban is obligatory. The korban protects the individual. Yom Kippur can achieve that by atoning for the sin so as to protect the person from the yissurim, such that the asham talui is no longer necessary. According to R' Eliezer however the asham talui is considered a voluntary offering. Yom Kippur does not alleviate one from voluntary offerings. Would R' Eliezer also agree with the ruling in our Mishnah? The way the Mishnah is presented it appears that it is according to all opinions.

There is another way to understand what Yom Kippur achieves in the case of the asham talui. Thus far we have assumed that Yom Kippur achieves an atonement for the sin thereby making the asham talui unnecessary. The Yalkut Biurim (Metivta) however cites the Griz who explains instead, that Yom Kippur takes the place of the korban.

The Griz brings his proof from the Gemara that asks that a woman who has a doubt whether she is obligated to bring a korban for childbirth, should also be exempt after yom kippur from bringing that korban. Rav Hoshaya answers that the seir ha'mishtaleach atones for "all their sins" and not for matters of purity or impurity. The difficulty with the Gemara is what was the original assumption that it might work? The korban of a yoledet is to enable her to consume korbanot unlike an asham which is related to a sin. Rather it must be that Yom Kippur is considered like a korban. The Gemara then assumed that because it takes the place of a korban, it could also enable a yoledet to eat from kodshim. The conclusion is that Yom Kippur is considered like a korban for only those korbanot that relate to sins.

Based on this understanding, one could suggest that even according to R' Eliezer, after Yom Kippur, the asham talui need not be brought. Even though he views the asham talui as a voluntary korban, as Yom Kippur passes, it is considered as if that korban, which relates to a sin, has been offered.

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