Siman - Shabbos Daf 72

  • Bringing one asham for a שפחה חרופה

Ulla said that according to Rebbe Tarfon, who holds that an asham vadai does not require prior awareness of the violation to be effective, if one has relations with a שפחה חרופה (a betrothed slavewoman) five times beshogegg, he is only liable for one asham even if the violations were committed during different lapses of awareness.

Rashi explains that according to Rebbe Tarfon, since an asham vadai does not require prior awareness, it is clear that awareness is not a significant factor. Therefore, even when the transgressor has awareness, it is as if he committed all five of the transgressions in the same lapse and is only liable for one asham.

  • מתעסק

The Gemara brings the case of one who intended to lift something that was detached from the ground, such as a knife that had dropped in a vegetable patch, but accidentally cut something that was attached, such as a vegetable. He is not liable to bring a chatas.

Rashi explains that he is called a מתעסק, one who is preoccupied with doing something else. This is learned from the passuk, אשר חטא בה, - that he sinned in it. The extra word “בה”, “in it” teaches that one is only obligated to bring a chatas if he had aware of doing the act, that would make him liable.

  • Cutting attached when intended to cut detached

There is a machlokes Amoraim in the case of one who intended to cut something that was detached from the ground but accidentally cut something that was attached to the ground:

Rava says he is exempt from bringing a chatas because he did not intend to do a prohibited act of cutting. He is therefore still in the category of מתעסק.

Abaye says he is liable to bring a chatas because he intended some form of cutting. According to Abaye, מתעסק only applies when the person intended to do a completely different act, such as lifting instead of cutting.