Nature of the Asham/1

Nature of the Asham

Introduction

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Common Denominator?

Vayikra 5:14-26 details the laws of the Asham, listing three transgressions for which one is required to bring it. The first (v.15-16) and third cases (v.20-25) both relate to the theft.  One who has unintentionally benefited from that which was sanctified to Hashem (מעילה) or one who has taken property belonging to another and denies this under oath¹ are both obligated not only to return the theft and add a fifth but also to bring an Asham. The second case  known as אשם תלוי, is understood by most² to refer to a scenario in which one is unsure whether or not they have transgressed a commandment.³  

Outside of Parashat Vayikra we learn of three other individuals who must also bring an Asham: a Metzora as part of his purification process (Vayikra 14:10-20), one who has had relations with a pledged servant, a שפחה חרופה (Vayikra 19:20) and a NAzirite who has been defiled by the dead (Bemidbar 6:9-12).

 

¹

² Shadal is exceptional understanding the case to be one in which a person sins because he was unaware of the law (what he refers to as ignorantia juris). He assumes that a Chatat in brought when one is mistaken regarding the facts or reality (what he refers to as ignorantia facti), mistaking an unkosher piece of meat for a kosher one, while this Asham would be brought if the individual did not know that such animals were prohibited altogether.

³ For example, they know they ate a fatty substance but are not sure whether it was prohibited fat (חלב) or permitted fat.  This stands in contrast to one who mistakenly ate a prohibited food and later realized his mistake. [In such a case one brings a Chatat.]  In the first case one is unsure whether there was a transgression at all.  In the second one is aware of his transgression, but it was inadvertent.