2. The unintentional transgressor

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2. The unintentional transgressor:[1]

If [the forbidden action] was done by mistake, then it is forbidden [to be benefited from] on Shabbos even by others, as since he did a Biblical prohibition [the Sages] were stringent to fine [from benefiting from it] on Shabbos just as if it was on purpose in which case it is forbidden also for others. [See Q&A 2]

The reason for this decree even by an unintentional transgression is: due to a decree that [otherwise] one may intentionally cook it and then say that it was done unintentionally.

After Shabbos: However, in the evening [after Shabbos] it is immediately permitted [to be benefited from] even by the transgressor himself and he does not need to wait until enough time has passed after Shabbos to have been able to cook it for the reasons explained [above].

What is defined as an unintentional transgression?[2] If one committed [a transgression] due to the instructions of a Scholar which [he now knows] has made a mistake, then this is considered unintentional. The same applies for one who forgot that it was Shabbos or [forgot] that [the act that was done] is forbidden.


[1] Admur 318:1; Michaber 318:1

Other opinions: Some Poskim rule that in a time of need one may be lenient to allow the food to be eaten by even the transgressor on Shabbos if it was done Beshogeg. [M”B 318:7; Gr”a 318; Rebbe Meir in Gemara ibid]

[2] Admur 318:2; M”A 318:3; M”B 318:6

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