Talmud - Shabbat 68b שבת ס״ח ב׳

The Gemara raises another difficulty: But if he did not forget the essence of Shabbat, and he knows that today is Shabbat, what would the halakha be? Certainly he would be liable for each and every prohibited labor. If so, instead of teaching the halakha: One who knows that it is Shabbat and performs many labors on multiple Shabbatot is liable for each and every labor, let the mishna teach the halakha: One who knows the essence of Shabbat is liable for each and every labor that he performs and all the more so that one who is aware that today is Shabbat would be liable for each labor. Rather, when our mishna refers to forgetting, it is referring to a case where he knew and ultimately forgot. And the case described by Rav and Shmuel also has the same legal status as one who knew and ultimately forgot. And it was stated as follows: It was Rav and Shmuel who both said: Even a child who was taken captive among the gentiles and a convert who converted among the gentiles have the same legal status as one who knew and ultimately forgot, and they are liable to bring a sin-offering for their unwitting transgression, even though they never learned about Shabbat.

And it was Rabbi Yoḥanan and Rabbi Shimon ben Lakish who both said: He is liable to bring a sin-offering specifically if he knew of the essence of Shabbat and ultimately forgot. However, a child who was taken captive among the gentiles and a convert who converted among the gentiles are exempt from bringing a sin-offering. They have the legal status of one who performed the prohibited labor due to circumstances beyond his control. The Gemara raises an objection from that which was taught in a baraita: They stated a significant principle with regard to the halakhot of Shabbat: One who forgets the essence of Shabbat, i.e., one who does not know that there is a mitzva of Shabbat in the Torah, and performs many prohibited labors on multiple Shabbatot is liable to bring only one sin-offering. How so? With regard to a child who was taken captive among the gentiles and a convert who converted among the gentiles and does not know the essence of Shabbat; and if he performed many prohibited labors on multiple Shabbatot, he is only liable to bring one sin-offering for all his unwitting transgressions. And he is liable to bring one sin-offering for all the blood he unwittingly ate before he learned of the prohibition; and one sin-offering for all the forbidden fat that he ate; and one for all the idolatry that he worshipped. And Munbaz, one of the Sages, deems him exempt from bringing any sacrifice.

And Munbaz deliberated before Rabbi Akiva as follows: Since one who commits a transgression intentionally is called a sinner in the Torah and one who commits a transgression unwittingly is called a sinner, just as one who commits the transgression intentionally is liable for punishment only in a case where he had prior knowledge that it was prohibited, so too, one who commits the transgression unwittingly is liable to bring a sin-offering only in a case where he had prior knowledge. However, the action of one who had no prior knowledge at all is not considered unwitting; rather, it has the same legal status as an action performed due to circumstances beyond one’s control, and he is completely exempt. Rabbi Akiva said to him: I will elaborate upon your statement and follow your reasoning to its logical conclusion and thereby test the validity of your reasoning. If so, just as one who commits the transgression intentionally is liable for punishment only in a case where he had the awareness that he was sinning at the time that he performed the action, so too, with regard to one who commits the transgression unwittingly, say that he is only liable to bring a sin-offering in a case where he had awareness that he was sinning at the time that he performed the action. If that is the case, it is no longer an unwitting transgression.

Munbaz said to him: Yes, there is nothing unusual about that. In my opinion it is correct and all the more so now that you have elaborated upon my statement. Awareness at the time that one is performing the action is one of the criteria of my definition of an unwitting transgression, as will be explained below. Rabbi Akiva said to him: According to your statement, since while performing the action one is aware that it is prohibited, his action is not called unwitting; rather, it is a full-fledged intentional transgression.

Returning to our issue: In any case, as an example of one who forgot the essence of Shabbat, it was taught: How so? A child who was taken captive. Granted, according to the opinion of Rav and Shmuel it works out well, as they consider the legal status of a child taken captive equal to that of one who unwittingly forgot the essence of Shabbat. However, according to the opinion of Rabbi Yoḥanan and Rabbi Shimon ben Lakish, who consider the legal status of a child taken captive equal to that of one who committed the action due to circumstances beyond his control and is therefore exempt, it is difficult because he is liable to bring a sin-offering according to the opinion of the Rabbis in the baraita. Rabbi Yoḥanan and Rabbi Shimon ben Lakish could have said to you: Isn’t there the opinion of Munbaz who deemed him exempt in that case? We stated our opinion in accordance with the opinion of Munbaz.

The Gemara asks: What is the rationale for the opinion of Munbaz? Is it based entirely upon the fact that the Torah refers to sinners, both intentional and unwitting, as sinners? The Gemara explains that the source for the opinion of Munbaz is as it is written: “The native of the children of Israel, and the stranger who lives among them, there shall be one law for you, for one who acts unwittingly” (Numbers 15:29), and adjacent to it is the verse: “And the person who acts with a high hand, whether a native or a stranger, he blasphemes God, and that soul shall be cut off from the midst of his people” (Numbers 15:30). The Torah juxtaposes unwitting transgression to intentional transgression. Just as one who commits the transgression intentionally is only liable in a case where he had prior knowledge, so too, one who commits the transgression unwittingly is only liable in a case where he had prior knowledge.

The Gemara asks: And what do the Rabbis do with the juxtaposition derived from that verse: One law? The Gemara answers: They require it for that which Rabbi Yehoshua ben Levi taught his son. It is written: “There shall be one law for you, for one who acts unwittingly.” And it is written:

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Shabbat 68b examines liability for a sin-offering when one forgets Shabbat entirely, debating whether captives and converts share this legal status.