Thursday, July 13, 2006

Yoma 36 Language of Confession

The Gemora states that one confesses the sins that would require him to bring a korban chatos by a chatos and similarly by an asham and an olah. The Rambam holds that when one brings any korban, he should say חטאתי עוויתי פשעתי. Even though his sin was either by mistake or intentional or it was a rebellious act, nevertheless, he says all three. Why? Rav Shach explains that every sin, even an unintentional one has an element of intention in it for he could have learned better. He could have been more careful.

There is a proof to this from the Vilna Gaon's pshat on a passuk in Shmuel. After Nosson rebuked Dovid for his actions with Batsheva, Dovid said חטאתי - I sinned. There is a פסיק a pause in the middle of Dovid's statement. The Gaon explains that Dovid wanted to confess in the proper way by saying חטאתי עוויתי פשעתי, however Nosson stopped him and said Hashem considers your sin only a mistake and there was no intention or rebellion on your part.

The minchas Chinuch (364) has a different opinion and holds that one says the language which suits his sin the best and if it was unintentional, he would only say חטאתי. He quotes our Gemora and the Rambam as a proof to his opinion. However the Rambam in Maaseh Hakorbonos פרק ג הלכה טו seems clearly not like him.

5 comments:

Howard Woodmere said...

That's an interesting Gaon. Can you tell me where it is please?

Thanks

Anonymous said...

I don't know where the original source is. Rav Schach ZT"L brings it down in Ave Ezri.

Avromi said...

Rav shach says it is in Kol Eliyohu. I looked this morning and couldn't find it. Rav Shach said that he heard it from the Brisker Rav.

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