This study examines N. Kiuchi's proposal that hātā' refers to an existential condition in which a person remains aware of his actions (i.e. hû'yāda') but simultaneously unaware that these run contrary to YHWH's will (i.e. ně'lam min). On this basis he argues that hātā' is not a conduct oriented notion (i.e. "sin") but describes what happens within a person's psyche. Nevertheless, the present study identifies certain contradictions in Kiuchi's exegetical arguments which make his proposal implausible.