Channa Lockshin Bob August 2020

Is Ignorance Ever an Excuse?

1. Ignorance of the Law – Babylonian , Tractate Shabbat, page 68b

Rav and Shmuel both said: a child who was taken captive among the , and a convert who converted among the gentiles, have the same legal status as one who knew of Shabbat and ultimately forgot, and are liable. Rabbi Yoḥanan and Rabbi Shimon ben Lakish both said: that is specifically if he knew of Shabbat and ultimately forgot. However, a child who was taken captive among the gentiles and a convert who converted among the gentiles are exempt.

2. Ignorance of the Facts – Genesis 20:1-11

Abraham journeyed from there to the region of the Negeb and settled between Kadesh and Shur. While he was sojourning in Gerar, Abraham said of Sarah his wife, “She is my sister.” So King Abimelech of Gerar had Sarah brought to him.

But God came to Abimelech in a dream by night and said to him, “You are to die because of the woman that you have taken, for she is a married woman.” Now Abimelech had not approached her. He said, “O Lord, will You slay people even though innocent? He himself said to me, ‘She is my sister!’ And she also said, ‘He is my brother.’ When I did this, my heart was blameless and my hands were clean.”

And God said to him in the dream, “I knew that you did this with a blameless heart, and so I kept you from sinning against Me. That was why I did not let you touch her. Therefore, restore the man’s wife—since he is a prophet, he will intercede for you—to save your life. If you fail to restore her, know that you shall die, you and all that are yours.”

Early next morning, Abimelech called his servants and told them all that had happened; and the men were greatly frightened. Then Abimelech summoned Abraham and said to him, “What have you done to us? What wrong have I done that you should bring so great a guilt upon me and my kingdom? You have done to me things that ought not to be done. What, then,” Abimelech demanded of Abraham, “was your purpose in doing this thing?” “I thought,” said Abraham, “surely there is no fear of God in this place, and they will kill me because of my wife.”

2. Babylonian Talmud, Tractate Makkot, Pages 9a-9b

Abaye said: One who says “it is permitted” is a victim of circumstances beyond his control.

Rava said to him: I say one who says “it is permitted” borders on intentional murder. Channa Lockshin Bob August 2020

They each follow their line of reasoning, as it was stated: If he thought he was killing an animal and it was discovered that it was a person…

Rava says he is liable, since one who says “it is permitted” borders on the intentional.

Rav Ḥisda says he is exempt, as one who says “it is permitted” is a victim of circumstances beyond his control.

Rava raised an objection to Rav Ḥisda: “And God came to Abimelech in a dream of the night and said to him: You shall die for the woman you took, as she is a man’s wife. What, is he not liable to be executed at the hand of the court?

No, he is liable at the hand of Heaven. The language of the verses is also precise, as it is written: from sinning against Me.

And according to your reasoning and sin to God means only vis-à-vis God and not vis-à-vis man? Rather, his judgment is given over to the ruling of man; here too, his judgment is given over to the ruling of man.

Abaye raised an objection to Rava: Will You slay people even though innocent?

There, it is as they responded to him: Therefore, restore the man’s wife—since he is a prophet. Is the wife of a prophet to be returned, and the wife of one who is not a prophet not returned?

Rather, it is as Rabbi Shmuel bar Naḥmani says. Rabbi Shmuel bar Naḥmani says that Rabbi Yonatan says: This is what God is saying to him: Therefore, restore the man’s wife, in any case. And as for that which you said: will You slay people even though innocent? He himself said to me, ‘She is my sister!, he is a prophet and it is from you that he learned. When a stranger comes to the city, one asks him about matters of eating and drinking. Does one ask him: Is that your wife? Is that your sister?

From here we conclude that a descendant of Noah is executed as he should have learned and he did not learn.