Siman - Shabbos Daf 68

• כלל גדול

The Gemara asks why the Tanna of the Mishnah introduces the laws he mentions with the words כלל גדול – This is a major rule. After suggesting two reasons, which are rejected based on the use of כלל גדול in the laws of sheviis and maasros, the Gemara concludes that כלל גדול is used when the application of the prohibition in one area is broader than others.

·Shabbos law is broader than sheviis, because it applies to detached and attached produce whereas sheviis only applies to attached produce.

·Sheviis is broader than maasros, since it applies to both human and animal food whereas maasros only applies to human food.

·Maasros is broader than peah laws, because it also applies to figs and vegetables whereas peah does not.

• תינוק שנשבה וגר

There is a machlokes Amoraim regarding the rule pertaining to a תינוק שנשבה בין הנכרים – a child captured and raised among gentiles, as well as a גר שנתגייר בין הנכרים – a gentile who converted and lived among the gentiles, who were never aware of the concept of Shabbos.

·Rav and Shmuel hold that they are like one who recognized the Shabbos and eventually forgot it, and they are therefore liable to bring a single chatas for all their chilul Shabbos.

·Rav Yochanan and Reish Lakish hold that they are exempt from having to bring a chatas. Rashi explains that Rav Yochanan and Reish Lakish hold that אומר מותר אנוס הוא , (one who mistakenly believes that something prohibited is permissible, is not responsible for his actions). Therefore, in these cases, in which they never learned about Shabbos, they are considered an אונס, not a שוגג and therefore they do not bring a chatas. 

• Munbaz

Rav Yochanan and Reish Lakish base their opinion on Munbaz, a Tanna who stated in a Baraisa that a tinok shenishbah and a ger who converted and lived among the gentiles, are exempt from bringing a chatas for any chilul Shabbos.

Munbaz learned a hekeish between one who does an act beshogeg and one who does an act b’meizid, from the juxtaposition of the passuk, תורה אחת יהיה לכם לעשה בשגגה – There shall be a single law for you, for one who acts with inadvertence, to the passuk, אשר תעשה ביד רמה – But a person who shall act high-handedly. He learns from this that, just as one who transgresses intentionally had knowledge of the transgression, so too the inadvertent transgressor (who is required to bring a chatas) had knowledge of the prohibition. Hence, both the tinok shenishbah and the ger who had no prior knowledge of the prohibition, are exempt from bringing a chatas