What constitutes doing an avaira bemaizid – for example bishul on shabbos;
1) If a person is an atheist, is he a maizid?
2) If he believes in Gd, but doesnt believe the Torah is min hashamayim – is that maizid?
(I am not referring to a tinok shenishba)
The assumption here is that the question is only theoretical. A person that isn’t a tinok shenishba means that he was not brought up not knowing about shabbos, or was given an education that was anti torah, so he doesn’t know any better. If the person is not a tinok shenishba, then he knows about Shabbos, and that today is Shabbos and he is doing anyways, that is a mazid. The fact that he doesn’t he is an atheist or doesn’t believe in torah min hashomayim, will just make everything that he does a mazid. Very sad.