Answer

An interesting question. With regard to an unintentional transgression, it does not seem that we would say that a person cannot render himself wicked, because he is not wicked. If that is correct, then it follows that we do not split his statement, and we believe him entirely that it happened on the Sabbath. Therefore he is exempt, because although he admitted to something that would obligate him, “the mouth that forbade is the mouth that permitted,” and he is also believed that he did it on the Sabbath; consequently he is exempt by the rule of kim lei bid’rabba minei. See Babylonian Talmud, Bava Kamma 70a, “Pluck a fig from my fig tree” (kim lei bid’rabba minei applied to damages; and likewise in the Mishnah in tractate Sanhedrin regarding one who is being pursued and broke vessels), and as taught in the school of Hezekiah (ibid. 35) concerning those liable to capital punishment who acted unintentionally, that even in cases of inadvertent action there is an exemption by the rule of kim lei bid’rabba minei.