Soncino English Talmud
Yoma
Daf 36b
They differ concerning the prohibition of carrion,1 R. Akiba holding it to be a proper prohibition,2 whilst R. Jose the Galilean does not consider it a proper prohibition.3 Abaye said: Everybody agrees that the prohibition of carrion is a proper prohibition, what they differ in is the laws touching ‘Thou shalt leave’,4 R. Akiba holding ‘Thou shalt leave’ means from the very beginning,5 whilst R. Jose the Galilean holds it means ‘now’.6 Our Rabbis taught:7 How does he make confession: I have done wrong, I have transgressed I have sinned — Similarly, in connection with the he-goat to be sent away Scripture says: And he shall confess over him all the iniquities of the children of Israel, and all their transgressions even in their sins.8 Similarly, with Moses, it says: Forgiving iniquity and transgression and sin9 — these are the words of R. Meir. The Sages, however, say: ‘Wrongs’ are deliberate misdeeds, thus also does Scripture say: That soul shall be utterly cut off, his wrong shall be upon him,10 ‘transgressions’ are rebellious deeds, as it is said: The King of Moab hath transgressed against me;11 furthermore: Then did Libnah transgress at the same time; ‘sins’12 are inadvertent omissions, as it is said: If any one shall sin through error.13 — Should he then, after having confessed the deliberate misdeeds and the rebellious deeds, turn back and confess inadvertent omissions?14 Rather, thus did he make confession: I have sinned, I have done wrong, I have transgressed before Thee, I and my house etc. Thus also does Scripture say in connection with David: We have sinned with our fathers, we have done wrong, we have dealt wickedly.15 Thus also with Solomon: We have sinned, and have done wrong, we have dealt wickedly.16 Thus also with Daniel: We have sinned, and have dealt wrong, and have done wickedly.17 — What is the meaning, then, of Moses’ saying: ‘Forgiving iniquity and transgression and sin’?18 Moses said before the Holy One, blessed be He: Lord of the Universe, when Israel sin before Thee and then do penance, account their premeditated sins as errors! Rabbah b. Samuel said in the name of Rab: The halachah is in accord with the Sages. But [that is] self-evident, for ‘Where the opinion of one individual is opposed to the opinion of a majority, the law follows the majority’?19 — You might have said: The reason of R. Meir appears more logical because the scriptural verse of Moses20 supports it, therefore we are taught [as above]. Once a man went down21 before Rabbah and arranged his prayer in accord with R. Meir's view. He said to him: Do you forsake the Sages and act like R. Meir? — He answered: I hold as R. Meir, for thus it is written in the Torah of Moses. Our Rabbis taught:22 And shall make atonement23 — Scripture speaks of atonement through words.24 You say it refers to atonement through words. But perhaps it refers to atonement [obtained] through [sacrificial] blood? I infer it thus: Here ‘atonement is mentioned and there25 ‘atonement’ is mentioned — Just as the atonement mentioned in connection with the he-goat is one through words, so the atonement mentioned with the bullock is one obtained through words. And if you wish to argue against it, then [learn from]: And Aaron shall present the bullock for the sin-offering, which is for himself and shall make atonement for himself and for his house,23 yet the bullock has not been slaughtered!26 What does ‘And if you wish to argue against it’ imply? — This: And if you would say: Let us infer from the he-goat prepared within the Temple, the atonement of which is obtained through blood, behold [against that argument] Scripture says: ‘And he shall make atonement’, and the bullock has not been slaughtered yet! prescribed in Deut. XIV, 21, R. Akiba holding it a proper prohibition, for the transgression of which one would be punished with the prescribed thirty-nine lashes, the fact that one cannot repair the transgression notwithstanding. According to R. Jose no such punishment would here be inflicted, hence it is not a proper prohibition. and for the stranger. (Lev. XIX, 9.) R. Akiba holds the positive commandment is enjoined from the very first, that is, thus: do not glean but leave; hence it is not a prohibition transformed into a command, but a command from the beginning; whilst R. Jose assumes that it is a de facto command: Don't glean, but having gleaned, undo your transgression by leaving it etc. inadvertence, then for those deliberate misdeeds, at last for rebellious acts.