Yerushalmi Shevuot 1:6 ירושלמי שבועות א׳:ו׳

MISHNAH: Intentional impurity¹⁸⁰Those that cannot be taken care of otherwise; for example, if a person intentionally ate impure sancta but was not duly warned beforehand. Then he cannot bring a sacrifice which is reserved for unintentional sins. He cannot be punished in court since he was not warned and therefore criminal intent cannot be established. The contamination of the Sanctuary and its sancta is removed by the Day of Atonement; whether the person’s guilt is removed without due repentance is a topic for the Halakhah. of the Sanctuary and its sancta is atoned by the he-goat whose blood is brought inside and the Day of Atonement. The remainder of the transgressions mentioned in the Torah, minor or serious ones, intentional and unintentional, known and unknown, positive commandments and prohibitions, extirpations and capital crimes, the scapegoat atones¹⁸¹This is reformulated in the Halakhah..

HALAKHAH: “Intentional impurity of the Sanctuary.” etc. That means it atones for intentional infractions and suspends for the unintentional¹⁸²The purpose of the sacrifice is to safeguard the integrity of the Sanctuary. Therefore it has to repair all infractions which cannot be repaired otherwise, i. e., intentional infractions that cannot be prosecuted (for lack of eye witnesses or prior warnings). Since severe unintentional infractions (those if intentional would be punished by Divine extirpation or judicial execution) require a sacrifice, the public offering does not absolve the sinner from his obligation; it only suspends the damaging influence on the Sanctuary. The statement is incomplete since infractions for which the penalty is not spelled out in the Pentateuch (“simple infractions”) cannot be atoned for by a sacrifice and, if committed against the Sanctity of the Sanctuary or is sancta, must be atoned for by the public offering..

¹⁸³The paragraph is repeated in the Babli, 12b. From here on to the end of the Halakhah there is a parallel in Yoma8:6 (י). Are not minor sins [positive commandments and]^183aText of Yoma. prohibitions; are not serious ones extirpations and capital crimes¹⁸⁴The Mishnah mentions “minor or serious transgressions”; this covers all biblical commandments. But “positive commandments and prohibitions, extirpations, and capital crimes” also describe all biblical commandments. Therefore the last clause of the Mishnah must be read as explanation of the preceding one.? Rav¹⁸⁵In Yoma: “Rebbi Jehudah”. The reading here is supported by the Babli. Jehudah said, so is the Mishnah: “Minor or serious ones. Those minor ones, whether he committed them intentionally or committed them unintentionally¹⁸⁶This must refer either to infractions for which the penalty is not spelled out (Note 182) or to cases where guilt cannot be ascertained. The standard example is that of a person who ate one of two pieces of meat, one of which was kosher, the other one severely forbidden either as forbidden fat or as sacrificial meat which became impure (Rashi, Note 183). If it is not possible to ascertain which of the two he ate, then a suspended reparation sacrifice is due; but the obligation to bring a suspended reparation sacrifice is cancelled by the Day of Atonement, as determined in the next paragraph (and Halakhah 1:2, Note 69, Horaiot 1:1 Note 18).. Those intentional ones, whether he obtained knowledge of them or did not obtain knowledge of them¹⁸⁷This refers to the situation described in the previous Note. If he intended to eat one of the two, knowing that one was severely forbidden, he either committed no sin or he committed a serious crime for which no personal sacrifice can atone.. The following are minor sins: positive commandments and prohibitions¹⁸⁸No biblical penalty is attached to the failure to fulfill a positive commandment. “Prohibitions” are those to which no biblical penalty is attached. The basis for the statement are the homiletics quoted at the end of this Halakhah.. Serious ones, extirpations and capital crimes. Just as the he-goat whose blood is brought inside atones for intentional infractions and suspends for the unintentional¹⁸⁹The Yoma text adds: “for which no sacrifice is due.” This is understood, cf. Note 182., the same holds for the scapegoat¹⁹⁰Which carries away “all their iniquities”, Lev. 16:22). This last statement is missing in the Babli Ševuot;, it is discussed in Keritut 25b. The scribe in Yoma originally wrote the same text as here, then crossed out כן “the same holds” and wrote “atones”..”

It is understandable if it did not come to his knowledge¹⁹¹Then no private sacrifice is due and the public sacrifice must atone for the damage done to the sanctuary.. If it did come to his knowledge¹⁹²Did we not imply that the public offering does not relieve the individual of his obligation to bring a sacrifice?? Was it not stated:¹⁹³Horaiot 1:1, Note 20. The parallel in Yoma seems to quote instead from parts of Mishnah Keritut 6:4. Purification sacrifices must be brought even after the Day of Atonement but obligations of suspended reparation sacrifices are eliminated. “From where that those obligated for purification sacrifices and certain reparation sacrifices for whom the Day of Atonement had passed, are obligated to bring them after the Day of Atonement, but those obligated for suspended reparation offerings are no longer liable?” Rebbi Abun bar Ḥiyya said, whether it was known to him on it, or not known to him on it, did not the Day of Atonement already atone¹⁹⁴He asks whether the Day of Atonement eliminates the possibility of a suspended reparation sacrifice for the possibility of a sin committed prior to the Day. The positive answer was deduced from biblical verses in Horaiot 1:1.? Rebbi Simeon in the name of Levi [Sokhia]¹⁹⁵This is the name (“from Sokho”) by which this Amora of the first generation is quoted in Yoma and other places by R. Simeon (ben Laqish). The name given here does not appear anywhere else. In the Yoma text, the sentence appears after the next; this seems to be more appropriate., the Mishnah speaks of one who rebels against the day of Atonement¹⁹⁶While it is inferred from the Mishnah that the answer to R. Abun bar Ḥiyya’s question is positive, it is pointed out that the answer still might be negative if the person in question rejects the notion of the Day of Atonement and does not want to be its beneficiary. The Babli, Keritut 7a (partially Ševuot 13a), has another example: a person who violates the Sanctuary late on the Day of Atonement and then dies. This example shows even according to Rebbi (later in the Halakhah) who holds that the Day of Atonement atones even without repentance, that the answer to R. Abun bar Ḥiyya might be negative.. Why did he¹⁹⁷The Tanna of the Mishnah. not say, if it was not known to him on the Day of Atonement? His words imply that even if it was not known to him on the Day of Atonement, the Day of Atonement atones¹⁹⁶While it is inferred from the Mishnah that the answer to R. Abun bar Ḥiyya’s question is positive, it is pointed out that the answer still might be negative if the person in question rejects the notion of the Day of Atonement and does not want to be its beneficiary. The Babli, Keritut 7a (partially Ševuot 13a), has another example: a person who violates the Sanctuary late on the Day of Atonement and then dies. This example shows even according to Rebbi (later in the Halakhah) who holds that the Day of Atonement atones even without repentance, that the answer to R. Abun bar Ḥiyya might be negative..

¹⁹⁸After the first two sentences, which are identical here and in Yoma except for the spelling of R. Ze`ira’s name, the text in Yoma is quite different (Note 202). A positive commandment, even if he did not repent. A prohibition? Rebbi Samuel in the name of Rebbi Ze`ira, only if he repented¹⁹⁹While the Mishnah in Rav Jehudah’s interpretation treats positive commandments and simple prohibitions in parallel, there is a difference between the two kinds of sins. The non-performance of a positive commandment is atoned for even without repentance while the atoning for breaching simple prohibitions requires repentance.. If one said, “the elevation offering does not atone,²⁰⁰The biblical text does not indicate for which kind of sin an elevation offering does atone but Lev. 1:4 indicates that it atones. The next paragraph will investigate for which sins it is atoning.” does the elevation offering not atone? It atones even against his will. If one said, “the Day of Atonement does not atone,” does the Day of Atonement not atone? It atones even against his will. “I cannot accept that it atone for me,” it does not atone against his will²⁰¹In the prior formulation, it was simply a false statement. But if somebody said, I am opting out, the atoning power of sacrifices shall not be valid for me, what he offers would be profane. If there is no offering, there cannot be atonement.. Rebbi Ḥanina ben Rebbi Hillel said, the opposite is reasonable²⁰²Since he brings the offering on his own initiative, if it is not brought for atoning it does not atone. But the Day of Atonement is given by God; it is not up to man to say what it can or cannot do. This is clearer from the Yoma text which therefore must be taken as original:
הָאוֹמֵר. אֵין הָעוֹלָה מְכַפֶּרֶת. אֵין הָעוֹלָה מְכַפֶּרֶת עָלי. מְכַפֶּרֶת הִיא. אֵי אֶיפְשִׁי שֶׁתְּכַפֵּר לִי. אֵינָהּ מְכַפֶּרֶת לוֹ עַל כָּרְחוֹ. אֵין יוֹם הַכִּיפּוּרִים מְכַפֵּר מְכַפֶּרֶת הִיא. אֵי אֶיפְשִׁי שֶׁיְּכַפֵּר לִי. מְכַפֵּר הוּא לוֹ עַל כּוֹרְחוֹ. אָמַר רִבִּי חֲנַנְיָה בְּרֵיהּ דְּרִבִּי הִלֵּל. לָא כוֹלָא מִן הָדֵין בַּר נַשָּׂא מֵימוֹר לְמַלְכָּא. לֵית אַתְּ מֶלֶךְ.
If one said, “the elevation offering does not atone,” “the elevation offering does not atone for me,” it atones. “I cannot stand that it atone for me,” it does not atone against his will. “The day of Atonement does not atone,” it atones. “I cannot stand that it atone for me,” it atones for him against his will. Rebbi Hanania ben Rebbi Hillel said, it is not up to that man to say to the King, you are no King.
Here the introductory statement of R. Ḥanina (Ḥanania) ben R. Hillel is missing correctly. The two texts are separate formulations.
In the Babli, Keritut 7a, there is a related discussion.. It is not up to a person to tell the King, “you do not reign.”

²⁰³In slightly different formulation in Yoma. In Lev. rabba 7(3) the paragraph is reproduced and the doctrine is attributed to R. Simeon ben Ioḥai. The elevation offering atones for thoughts. What is the reason? What rises in your spirits will not be²⁰⁴Ez. 20:32.. Rebbi Levi said, the elevation offering atones for your spirits²⁰⁵This is an untranslatable pun. The verbal noun הָעוֹלָה “that which rises” (scil. “your thoughts”, f.) is identified with the homonym הָעוֹלָה “the elevation offering”.. And so in Job he says, maybe my children sinned and cursed God in their hearts²⁰⁶Babli 13a, Yoma 85b, Keritut 7a. The parallel in Yoma (45b l. 63 ff.) at the end reports the opposite of the tradition here.. This implies that the elevation offering atones for thoughts.

²⁰⁶Babli 13a, Yoma 85b, Keritut 7a. The parallel in Yoma (45b l. 63 ff.) at the end reports the opposite of the tradition here. Rebbi says, the Day of Atonement atones for all sins against the Torah except for him who tears away the yoke, or who breaks the Covenant, or who finds aspects in the Torah²⁰⁷This was explained in Peah 1:1 Notes 199–213; cf. also Sanhedrin 10:1, Note 8. One who tears away the yoke is he who recognizes the authority of the Torah but decides to break its laws; one who breaks the covenant is he who tries to reconstruct a prepuce and does not circumcise his sons; one who finds aspects in the Torah is he who denies the divine origin of the Torah., where it atones if he repented but does not atone otherwise. Rebbi Zebida said: Rebbi Yasa asked: Does Rebbi think that the Day of Atonement atones without repentance? There came Rebbi Ashian, Rebbi Jonah, Rebbi Abba, Rebbi Ḥiyya in the name of Rebbi Joḥanan: The Day of Atonement atones without repentance, and death cleanses without repentance²⁰⁸In Yoma: Rebbi agrees that the Day of Atonement does not atone without repentance, but death atones without repentance. The Babli supports the statement here about the Day of Atonement; it has no statement of Rebbi about the power of Death.. We have stated thus: The day of death equals repentance. Who stated this? Rebbi! Then what we stated²⁰⁹Mishnah Yoma 8:7., “death and the Day of Atonement atone with repentance,” does not follow Rebbi²¹⁰Since the Mishnah requires repentance also on the Day of Atonement. Rebbi formulated an anonymous Mishnah, i. e., authoritative doctrine, following the majority against his own opinion..

²¹¹From here to the end of the Halakhah, the text is not only in Yoma but also in Sanhedrin 10:1, Notes 23–37, 14–22 (and in the Babli Yoma 86b). For part of the text there exists a Geniza fragment (G) edited by L. Ginzberg in his Yerushalmi Fragments (1909) p. 267. The main difference between the Leiden ms. text here and in Yoma and the two other sources is that in the Leiden text the quotes of most verses are shortened so that the punch lines mostly are missing. Therefore the Sanhedrin and G texts should be considered original. Rebbi Matthew ben Ḥarash asked Rebbi Eleazar ben Azariah in the Academy, did you hear the four types of Atonement which Rebbi Ismael explained? He answered him, there are three in addition to repentance. One verse says, return, naughty children²¹²Jer. 3:22., etc. But another verse says, for on that day, He shall pardon you²¹³Lev. 16:20., etc. And another verse says, I shall visit their crime with the rod²¹⁴Ps. 89:33., etc. And another verse says, the iniquity of this people shall not be atoned for until you die²¹⁵Is. 22:14.. How is this? If somebody violates a positive commandment and repents, before he moves from there it will be forgiven to him. About this one it says, return, naughty children, etc. If one transgresses a prohibition and immediately repents, repentance suspends judgment, and the Day of Atonement pardons. About this one it says, for onthat day, He shall pardon you. If one intentionally transgressed [sins punishable by] extirpations or death penalties, repentance and the Day of Atonement atone half, and sufferings atone half. About this one it says, I shall visit their crime with the rod, and their iniquities with plagues. But by whom the Name of Heaven was desecrated, there is no power in repentance to suspend judgment, nor in the Day of Atonement to pardon, nor in sufferings to scour; but repentance and the Day of Atonement suspend, and death scours with sufferings²¹²Jer. 3:22.. About this one it says, the iniquity of this people shall not be atoned for until you die. From this we learn that death scours.

Rebbi Joḥanan said, these are the words of Rebbi Eleazar ben Azariah, Rebbi Ismael, and Rebbi Aqiba. But the Sages say that the scapegoat pardons. How does it pardon? Rebbi Ze`ira said, by and by. Rebbi Ḥanania<sup>216</sup>This name is used throughout in G and Yoma. said, at the end. What is between them? If somebody died in-between. In the opinion of Rebbi Ze`ira, he already was pardoned. In the opinion of Rebbi Ḥanina, he was not pardoned. Rebbi Ze`ira said, a baraita supports Rebbi Ḥanina: There is strength in the he-goat which is not in the Day of Atonement, and in the Day of Atonement which is not in the he-goat: The Day of Atonement pardons without a he-goat, but the he-goat does not atone without the Day of Atonement. The he-goat pardons immediately but the Day of Atonement only at nightfall. Rebbi Huna said, the question was raised before Rebbi Jeremiah and he said, explain it if they intended to bring another he-goat but they did not bring it. Rebbi Yose said, but does the Holy One, praise to Him, not see into the future? Then He should pardon immediately.

Rebbi Jeremiah said that Rebbi Samuel bar Rav Isaac asked: Justice protects the one on the straight path²¹⁷Prov. 13:6.. Evil deeds will pursue the sinner²¹⁸Prov. 13:4.. He will watch over the feet of His pious ones²¹⁹1S. 2:9.. While He makes scoffers targets of scoffing²²⁰Prov. 3:34.. Fences are made fences and doors doors. Is it so that fences make fences and doors doors? But so it is: Rebbi Jeremiah in the name of Rebbi Samuel ben Rav Isaac: If a person is careful the first, second, and third times not to commit a sin, then the Holy One, praise to Him, will watch over him, as it is said, all this God will do twice, three times with a man²²¹Job 33:29.. Rebbi Ze`ira said, but only if the person does not revert [to sin]. What is the reason? It does not say the triple thread “will never snap” but rather will not quickly snap²²²Eccl. 4:12.. If you work on it, it will split.

Rebbi Huna said in the name of Rebbi Abbahu: There is no forgetting before the Holy One, but for Israel He becomes forgetful. What is the reason? As it is said, Who is a Power like You, forgives sin²²³Micha 7:18.. “He forgets” is written. And so David said, You forgot Your people’s sin²²⁴Ps. 85:3..