Shabbos 69 – שבת סט

The Gemara proposes that perhaps a shogeg on the Korban of Shvu’ah would suffice even according to Rebbi Yochanan since it is a ‘Chiddush’.  Rashi earlier (D”H Lo shmah shgagah) explained the basis of Rebbi Yochanan is that the unawareness needs to relate to the transgression itself (not merely the Korban).  If so one may ask, why would the fact that the Korban in this case is a ‘Chiddush’ change this factor?

The Gemara speaks about a man travelling in the wilderness who lost track of days, and the ensuing confusion regarding Shabbos observance.  Why can’t he simply follow the halacha of ‘Rov’ (majority of days) and assume that today is a weekday?

One thought on “Shabbos 69 – שבת סט

  1. To the first question: Since this Chatas is different than other Chataos, it has other standards surrounding what it considers a Shogeg; it might not have their definition of Shogeg, either.

    As to the second question, there are two problems. First of all, a question on the day you are in is no different than not knowing which store you are in. They are both called Kavua, stationary, as opposed to having a doubt where something came from. Therefore, we say כל קבוע כמחצה על מחצה דמי, and we don’t go after the Rov.

    Another problem is that this case is similar to two people who traveled through two roads about which there is a question which one has a Tamei object spread across it. HAd one person traveled one of them we would say tat Safek by Tuma in Reshuis Harabim is Tahor. However, in this case, one of them is definitely Tamei. The Halacha is, if each one comes to ask we tell each one that he is Tahor but if they come together to ask , we tell them both that they are Tamei.

    This case has the same issue. You are deciding now for the whole week, and it can’t be that every day of the week is a weekday. Therefore, you’d have to be Machmir.

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