The commandment of the sacrifice of an undetermined guilt-offering: That one who is in doubt if he sinned one of the big sins for which a man is liable excision when he does it volitionally and a fixed sin-offering when inadvertent, bring a sacrifice (Keritot 25a). And the doubt emerges for him in this way: As you might say, by way of an archetype, that there were two pieces in front of him — one of forbidden fat and one of permissible fat — and he ate one of them and the other got lost. And [so] he worries to himself as he does not know if he ate the one of forbidden fat or the one of permissible fat. This sacrifice that is brought upon this doubt is called an undetermined guilt-offering. And the word undetermined (talui) is said about anything about which it is fitting that a matter come afterwards that reveals about it that which was not known previously. For example, if [one] knows that the sinner ate forbidden fat — behold, it is revealed that the first [sacrifice] was not sufficient for him and he needs to still bring another sacrifice that is called a fixed sin-offering to complete his atonement; but if one knows about him that he ate what was permissible — behold it is revealed that the first was sufficient and he does not need to bring another sacrifice after it. This is the explanation of its being undetermined. And the command for this sacrifice is from that which it is written (Leviticus 5:17-18), “And if a soul sins and does one of all of the commandments of the Lord which you shall not do and he does not know, but he is guilty and he shall bear his iniquity. And he shall bring an unblemished ram from the flock, according to your assessment for a guilt-offering to the priest, and the priest shall atone for his inadvertent transgression which he transgressed and did not know” — meaning to say, about his not knowing if he transgressed inadvertently or [not]. And the Sages called this matter, “not known.”
It is from the roots of the commandment that a man should be careful, fear sin and analyze his deeds with a proper analysis that he not stumble in the matter of a sin. And hence the Torah required him to bring a sacrifice when he was not careful [enough] in his deeds to the point that this doubt would not have come up. And the proof that this only comes to atone for his laziness is that behold it does not uproot [it for] him, to atone for the sin at all. [Rather,] when the sin is made known to him, he immediately needs a complete sacrifice; [just] as he would have been liable if he had not offered the first one.
From the laws of the commandment is that which they, may their memory be blessed, said (Keritot 18a) that there is never a liability for this sacrifice until there is an established prohibition there. For example, that there be two pieces in front of him and one of them is certainly forbidden fat — as behold there is an established prohibition here, and he ate one of them. And so [too,] if he ate a certain forbidden fat, but he is in doubt if there was a whole kazayit or not (Keritot 17a) — this too is an established prohibition. But if there was one [piece] in front of him and it is a doubt if it was forbidden fat or permitted fat, and he ate it — he is exempted from the sacrifice, as there is no established prohibition here; for perhaps there is no prohibition here at all. And from this reason they said that one who has sexual relations with a woman the divorce of which is in doubt is liable for a sacrifice; for behold, there is an established prohibition here, such that we evaluate her according to [that which is] established about her. But one who has sexual relations with a woman the marriage of which is in doubt is exempted from a sacrifice, as there is no established prohibition here; and behold it is like one piece with a doubt if it is forbidden fat or permitted fat, such that he is exempted from a sacrifice (Ketuvot 22b), as we have said. And the rest of its details are elucidated in Keritot. (See Mishneh Torah, Laws of Offerings for Unintentional Transgressions 8.)
And [it] is practiced at the time of the [Temple] by males and females. And one who transgresses it and does not offer this sacrifice if a doubt happens to him that makes him liable for it has violated a positive commandment.
מִצְוַת קָרְבַּן אָשָׁם תָּלוּי – לְהַקְרִיב קָרְבָּן מִי שֶׁנִּסְתַּפֵּק לוֹ אִם חָטָא בְּחֵטְא מֵהַחֲטָאִים הַגְּדוֹלִים שֶׁאָדָם מִתְחַיֵּב בַּעֲשׂוֹתוֹ אוֹתָם בְּזָדוֹן כָּרֵת וּבִשְׁגָגָה חַטָּאת קְבוּעָה (כריתות כה א). וְיִתְחַדֵּשׁ עָלָיו הַסָּפֵק בְּעִנְיָן זֶה, כְּמוֹ שֶׁתֹּאמַר עַל דֶּרֶךְ מָשָׁל שֶׁהָיוּ לְפָנָיו שְׁתֵּי חֲתִיכוֹת אַחַת חֵלֶב וְאַחַת שֻׁמָּן כָּשֵׁר, וְאָכַל אַחַת מֵהֶן וְנֶאֶבְדָה הָאַחֶרֶת וְדוֹאֵג בְּנַפְשׁוֹ שֶׁאֵינוֹ יוֹדֵעַ אִם שֶׁל חֵלֶב אָכַל אוֹ שֶׁל שֻׁמָּן, זֶה הַקָּרְבָּן הַבָּא עַל הַסָּפֵק הַזֶּה נִקְרָא אָשָׁם תָּלוּי. וּמִלַּת תָּלוּי נֶאֱמֶרֶת עַל כָּל דָּבָר שֶׁרָאוּי לָבֹא אַחֲרָיו עִנְיָן שֶׁיִּגָּלֶה בּוֹ מָה שֶׁלֹּא נוֹדַע בּוֹ מִקֹּדֶם, כְּגוֹן שֶׁאִם יִוָּדַע אֶל הַחוֹטֵא שֶׁחֵלֶב אָכַל, הֲרֵי נִגְלָה לוֹ שֶׁהָרִאשׁוֹן לֹא הִסְפִּיק לוֹ וְצָרִיךְ לְהָבִיא עוֹד קָרְבָּן אַחֵר הַנִּקְרָא חַטָּאת קְבוּעָה לְתַשְׁלוּם כַּפָּרָתוֹ. וְאִם נוֹדַע אֵלָיו שֶׁהַהֶתֵּר אָכַל, הֲרֵי נִגְלָה לוֹ שֶׁהָרִאשׁוֹן הִסְפִּיק לוֹ וְאֵינוֹ צָרִיךְ עוֹד לְקָרְבָּן אַחֵר אַחֲרָיו. זֶהוּ פֵּרוּשׁ תְּלִיָּתוֹ. וְצִוּוּי קָרְבָּן זֶה מִדִּכְתִיב (ויקרא ה יז-יח) וְאִם נֶפֶשׁ כִּי תֶחֱטָא וְעָשְׂתָה אַחַת מִכָּל מִצְוֹת יְיָ אֲשֶׁר לֹא תֵעָשֶׂינָה וְלֹא יָדַע וְאָשֵׁם וְנָשָׂא עֲוֹנוֹ וְהֵבִיא אַיִל תָּמִים מִן הַצֹּאן בְּעֶרְכְּךָ לְאָשָׁם אֶל הַכֹּהֵן וְכִפֶּר עָלָיו הַכֹּהֵן עַל שִׁגְגָתוֹ אֲשֶׁר שָׁגָג וְהוּא לֹא יָדַע. כְּלוֹמַר עַל הֱיוֹתוֹ לֹא יָדַע אִם שָׁגַג אוֹ לֹא שָׁגַג. וְזֶה הָעִנְיָן יִקְרְאוּ אוֹתוֹ חֲכָמִים לֹא הוֹדַע.
The commandment of the sacrifice of an undetermined guilt-offering: That one who is in doubt if he sinned one of the big sins for which a man is liable excision when he does it volitionally and a fixed sin-offering when inadvertent, bring a sacrifice (Keritot 25a). And the doubt emerges for him in this way: As you might say, by way of an archetype, that there were two pieces in front of him — one of forbidden fat and one of permissible fat — and he ate one of them and the other got lost. And [so] he worries to himself as he does not know if he ate the one of forbidden fat or the one of permissible fat. This sacrifice that is brought upon this doubt is called an undetermined guilt-offering. And the word undetermined (talui) is said about anything about which it is fitting that a matter come afterwards that reveals about it that which was not known previously. For example, if [one] knows that the sinner ate forbidden fat — behold, it is revealed that the first [sacrifice] was not sufficient for him and he needs to still bring another sacrifice that is called a fixed sin-offering to complete his atonement; but if one knows about him that he ate what was permissible — behold it is revealed that the first was sufficient and he does not need to bring another sacrifice after it. This is the explanation of its being undetermined. And the command for this sacrifice is from that which it is written (Leviticus 5:17-18), “And if a soul sins and does one of all of the commandments of the Lord which you shall not do and he does not know, but he is guilty and he shall bear his iniquity. And he shall bring an unblemished ram from the flock, according to your assessment for a guilt-offering to the priest, and the priest shall atone for his inadvertent transgression which he transgressed and did not know” — meaning to say, about his not knowing if he transgressed inadvertently or [not]. And the Sages called this matter, “not known.”
מִשָּׁרְשֵׁי הַמִּצְוָה. שֶׁיִּהְיֶה הָאָדָם זָהִיר וִירֵא חֵטְא וִיעַיֵּן בְּכָל מַעֲשָׂיו עִיּוּן טוֹב לְבַל יִכָּשֵׁל בִּדְבַר עֲבֵרָה. וְעַל כֵּן הִצְרִיכַתּוּ הַתּוֹרָה לְהָבִיא קָרְבָּן כְּשֶׁלֹּא נִזְהַר יָפֶה בְּמַעֲשָׂיו עַד כְּדֵי שֶׁלֹּא יִוָּלֵד עָלָיו סָפֵק זֶה. וְהָרְאָיָה שֶׁאֵינֶנּוּ בָּא רַק לְכַפֵּר עַל עַצְלוּתוֹ בְּכָךְ, שֶׁהֲרֵי אֵינוֹ מִשְׁתָּרֵשׁ אֵלָיו לְכַפֵּר עַל הַחֵטְא כְּלָל כְּשֶׁיִּוָּדַע אֵלָיו הַחֵטְא מִיָּד צָרִיךְ לְקָרְבָּן שָׁלֵם כְּמוֹ שֶׁהָיָה חַיָּב אִם לֹא הִקְרִיב הָרִאשׁוֹן.
It is from the roots of the commandment that a man should be careful, fear sin and analyze his deeds with a proper analysis that he not stumble in the matter of a sin. And hence the Torah required him to bring a sacrifice when he was not careful [enough] in his deeds to the point that this doubt would not have come up. And the proof that this only comes to atone for his laziness is that behold it does not uproot [it for] him, to atone for the sin at all. [Rather,] when the sin is made known to him, he immediately needs a complete sacrifice; [just] as he would have been liable if he had not offered the first one.
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה (כריתות יח א) שֶׁאֵין חִיּוּב קָרְבָּן זֶה לְעוֹלָם עַד שֶׁיְּהֵא שָׁם אִסּוּר קָבוּעַ, כְּגוֹן שֶׁיִּהְיוּ לְפָנָיו שְׁתֵּי חֲתִיכוֹת וּבְוַדַּאי אַחַת מֵהֶן חֵלֶב, שֶׁהֲרֵי יֵשׁ כָּאן אִסּוּר קָבוּעַ, וְאָכַל אַחַת מֵהֶן. וְכֵן נַמֵּי אִם אָכַל בְּוַדַּאי חֵלֶב, אֲבָל הוּא מְסֻפָּק אִם הָיָה כַּזַּיִת שָׁלֵם אוֹ לֹא, (שם יז א) גַּם זֶה הוּא אִסּוּר קָבוּעַ. אֲבָל הָיְתָה לְפָנָיו אַחַת וְסָפֵק אִם הָיְתָה חֵלֶב אוֹ שֻׁמָּן וַאֲכָלָהּ, פָּטוּר מִן הַקָּרְבָּן, שֶׁאֵין כָּאן אִסּוּר קָבוּעַ דְּשֶׁמָּא אֵין כָּאן אִסּוּר כְּלָל. וּמִן הַטַּעַם הַזֶּה אָמְרוּ (כתובות כב ב) שֶׁהַבָּא עַל סְפֵק מְגֹרֶשֶׁת חַיָּב בְּקָרְבָּן, שֶׁהֲרֵי יֵשׁ כָּאן אִסּוּר קָבוּעַ שֶׁנַּעֲמִידֶנָּה בִּקְבִיעוּתָהּ שֶׁתִּהְיֶה נְשׂוּאָה. אֲבָל הַבָּא עַל סָפֵק מְקֻדֶּשֶׁת, פָּטוּר מִן הַקָּרְבָּן, שֶׁאֵין כָּאן אִסּוּר קָבוּעַ וַהֲרֵי זֶה כַּחֲתִיכָה אַחַת וְסָפֵק אִם הוּא חֵלֶב אוֹ שֻׁמָּן שֶׁפָּטוּר מִקָּרְבָּן כְּמוֹ שֶׁאָמַרְנוּ. וְיֶתֶר פְּרָטֶיהָ מְבֹאָרִים בִּכְרֵיתוֹת [הלכות שגגות פרק ח'].
From the laws of the commandment is that which they, may their memory be blessed, said (Keritot 18a) that there is never a liability for this sacrifice until there is an established prohibition there. For example, that there be two pieces in front of him and one of them is certainly forbidden fat — as behold there is an established prohibition here, and he ate one of them. And so [too,] if he ate a certain forbidden fat, but he is in doubt if there was a whole kazayit or not (Keritot 17a) — this too is an established prohibition. But if there was one [piece] in front of him and it is a doubt if it was forbidden fat or permitted fat, and he ate it — he is exempted from the sacrifice, as there is no established prohibition here; for perhaps there is no prohibition here at all. And from this reason they said that one who has sexual relations with a woman the divorce of which is in doubt is liable for a sacrifice; for behold, there is an established prohibition here, such that we evaluate her according to [that which is] established about her. But one who has sexual relations with a woman the marriage of which is in doubt is exempted from a sacrifice, as there is no established prohibition here; and behold it is like one piece with a doubt if it is forbidden fat or permitted fat, such that he is exempted from a sacrifice (Ketuvot 22b), as we have said. And the rest of its details are elucidated in Keritot. (See Mishneh Torah, Laws of Offerings for Unintentional Transgressions 8.)
וְנוֹהֶגֶת בִּזְמַן הַבַּיִת בִּזְכָרִים וּנְקֵבוֹת. וְהָעוֹבֵר עָלֶיהָ וְלֹא הִקְרִיב קָרְבָּן זֶה אִם אֵרַע לוֹ סָפֵק הַמְּחַיֵּב בּוֹ בִּטֵּל עֲשֵׂה.
And [it] is practiced at the time of the [Temple] by males and females. And one who transgresses it and does not offer this sacrifice if a doubt happens to him that makes him liable for it has violated a positive commandment.