UNIT 174
When does bringing a korban chatas apply?
in the times of the beis hamikdash
Who does this mitzvah apply to?
All People
List all the mitzvahs in this unit
1) do not lend money to a jew with interest
2)do not borrow money from a jew who is lending with interest
3) do not participate as a guarantor, recorder or witness in a loan where interest is being charged
4) borrow from and lend to a non-jew with interest
Who is a טוען? And who is a נטאן?
- Toan is the one claiming he is owend money
- Nittan is the one from whom money is being claimed
Bring examples of aveiros when done by accident that require a korban chatas?
there are 43 aveiros including, avodah zara, breaking shabbos, eating forbidden foods.
What are the two types of Korban Asham?
Asham Talay - a korban offered when one is unsure whether or not he has been oveir an averia
Asham Vaday - a korban offered for being oveir five specific aveiros
If someone lent someone money with avak ribis does the interest need to be paid?
He is not obligated to return the money or item he collected as interest, however a person who would like to fulfil his Heavenly obligation should give it back
What is the ruling if the nitan admits to half the claim but not the full claim?
When admitting to part of the claim, while denying a part of it, we belive him and the nitan would have to pay the amount he claims he owes.
If someone does one action be’shogeg and one action on purpose, does he bring a korban chatas?
No
What does “taluy” mean and why is this the name of the korban?
taluy means hanging, something in doubt, it is offered when we have a doubt about whether or not an averia was transgressed
What is the difference between ribis deoraysa and ribis m’derababnan?
ribis deoraysa is transgressed when lender and borrower agree at the time of the loan that interest with be charged
ribis derabanan is other types of ribis that prevent a person from transgressing ribid deoraysa
What is the difference in the ruling if there were two witnesses or one witness?
If the to’en has two witnesses, even if the nitan denies all of it he must pay the amount, but with one witness and the nitan denies it, he would have to swear a shvuah deoraisa and not pay.
When is someone exempt from bringing a korban chatas? There are two answers
1) Misaseik, if the person did not intent or want to do the action but it happened anyway,
2) If someone does a mitzvah the same time as an aveira
If after bringing an asham taluy you find out you did transgress an aveira what should you do?
You must bring a korban chatas
Bring two examples of avak ribis and explain them
1) if the lender decides to charge more for the loan after the due date
2) any interest charged on an item, not on a loan, eg - if someone cant afford to pay for something and they pay later and the owner charges extra thats avak ribis
In what situation can the money be split?
if neither the to’en or nitan own the money then it is split, eg - an inheritance
What are two types of shogeig - of unintentionally being oveir an averia?
1) he did not know his action was an aveira (or that the punishment is as serious as kares), eg - he wrote on shabbos knowing it was shabbos but not knowing it was forbidden to write on shabbos
2) a person did not know something about the circumstances of the case, for eg - when he was writing he knew he couldnt write on shabbos but he didnt realize it was shabbos
Give an example of “doubt” where you would have to bring an “asham taluy”?
eg - if someone knew they ate cheilev, forbidden fat, but dont know if they ate a full kezayis of the cheilev.
When can funds from a loan be increased and not be considered interest? There are four answers
1) if one is investing the money for orphans
2) money that was set aside to go to the poor
3) for the sake of supporting Torah learning
4) for the necessities of a shul
How does it work in the beis din nowadays?
We no longer swear a shuvah deoreysa, so the Beis Din has to choose from their own judgment whether or not the toen and nitan are speaking the truth.