Commentary for Chullin 161:5
דרבי אפטוריקי רמי כתיב
that is from the eighth day only, but not before; it is therefore a negative precept derived from a positive command which has only the force of a positive command.<span class="x" onmousemove="('comment',' The prohibition of 'out of time', e.g., where the animal is not eight days old or where its dam was slaughtered on this same day, is modified in the Torah by the remedy stated, namely, keep it until it is eight days old, or slaughter it on the following day; hence the usual penalty for the transgression of a prohibition does not apply here (Rashi) ; v. infra 141a. Tosaf. interprets thus: the Torah has expressly singled out the disqualification of 'out of time' from all the other disqualifications stated in Scripture for which the usual penalty of stripes is in force, and has declared that the transgression of this prohibition is accounted as the none fulfilment of a positive precept.');"><sup>2</sup></span>
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