[Avodah] Who Brings the Chatos When BD Errs

Rabbi Meir G. Rabi, its Kosher! rabbi at itskosher.com.au
Sun Mar 10 14:37:04 PDT 2013

R Micha, your lengthy erudite post does not address the Chatos issue we
were discussing.

  These Laws of Chatos indicate that the duty is almost always upon the
people to bring their own Chatos.

  For BD to bring a Chatos and exempt the people from their obligation to
bring their own, we can only be astounded at the conditions that must be
met. We can only be astounded at the enormity of the duty that HKBH places
upon us as individuals to be responsible for the decisions we take and act

A) BD’s ruling must be unanimous.
               a. If even one Dayan argues that the ruling is wrong, BD
will not bring their Chatos when they some time later recognise that they
made a mistake, notwithstanding that Gd instructs us to follow the majority
ruling of the BD.

B) Even if BD rules unanimously, they will not bring their Chatos if their
Pesak is not accepted by the majority of the people.

C) Even if BD rules unanimously and the Pesak is accepted by the majority
of the people, those who know that BD erred are not exempted by the BD’s
Chatos but must bring their own.
               a. Now this is a most curious ruling since a Chatos is not
offered for a wilful sin and here the sinner has known that BD erred and
must therefore be a wilful sinner.
                        The Gemara and Poskim therefore explain that this
person sinned in erroneously thinking that it is a Mitzvah to follow BD’s
Pesak even when BD has erred.

  But this person is mistaken.
  It is wrong to follow BD when we know they are wrong, even though they
have considered our argument and rejected it by an overwhelming majority.
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