Positive Commandment 71 (Digest)
The Guilt Offering
The following individuals have to bring a Guilt Offering (Asham) for their transgressions:
* One who inadvertently misappropriates holy property—whether sacrificial goods or property that belongs to the Temple coffers.
* One who steals money from his fellow and falsely swears in denial of his crime.
* One who has sexual relations with a betrothed, half-Jewish handmaiden.
* One who falsely swears in denial of his responsibility to return an object that was entrusted to him for safekeeping.
Unabridged English Text of this Mitzvah »
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> The 71st mitzvah is that one who commits a certain type of transgression is commanded to bring a guilt-offering as atonement. This offering is known as an asham vadai.
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> The transgressions which require one to bring such a sacrifice are Me'ilah ,;) theft, having relations with a shifchah charufah,;) and swearing falsely regarding an object which was given for safekeeping.
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> Me'ilah is when one unintentionally derives at least one perutah's worth of benefit from something sanctified — whether it was sanctified for Temple repair (bedek habayis) or to be brought on the altar; or when one stole something worth at least one perutah and then swore falsely [in denial]; or when one had relations with a shifchah charufah; or when someone falsely denies having an object he was entrusted with and then swears [to support his claim] — then, whether ;) transgressions were] done intentionally or unintentionally,;) one is required to bring an offering. But instead of a sin-offering, he brings a guilt-offering, known as an asham vadai.
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> Regarding Me'ilah it is written,;) "If a person sins inadvertently with something that is sacred to G‑d, he shall bring as his guilt offering to G‑d, an unblemished ram"; and ;) "If a person sins...] by lying to his neighbor regarding an article left for safekeeping...and swears falsely...he must bring his guilt-offering to G‑d, an unblemished ram"; and ;)] "If a man has relations with a slave woman who is half married to [another] man...he must bring his guilt-offering to G‑d..."
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> The details of this mitzvah are explained in tractate Kerisus.;)
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> Footnotes
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> 1.
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> Using sanctified things for one's personal use. See P118.
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> 2.
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> A female non-Jewish slave who is immersed in a mikvah is known as a shifchah, and when her master frees her, she becomes a full-fledged Jew. Before this, she is permitted, under certain conditions, to a Jewish servant. Should she be owned by two masters and only one frees her, and she is betrothed by a Jewish servant, she becomes a shifchah charufah. Should another Jew have relations with her, he must bring this offering.
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> 3.
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> See Kapach 5731, note 94, regarding the error in previous translations. If sanctified objects were used intentionally, it is not considered Me'ilah and this sacrifice is not brought.
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> 4.
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> E.g., at the moment he made the oath, he forgot that he had stolen it; he was unaware of the shifchah charufah's status; or he had forgotten that he was given an object for safekeeping.
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> 5.
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> Lev. 5:15.
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> 6.
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> Ibid., 5:21-25.
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> 7.
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> Ibid., 19:20-21.
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> 8.
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> 9a.