Commentary for Pesachim 167:16

מאי בינייהו א"ר ירמיה פסח הבא בטומאה איכא בינייהו למ"ד כשר

<big><b>MISHNAH: </b></big>HE WHO BREAKS A BONE OF A CLEAN PASSOVER-OFFERING RECEIVES FORTY [LASHES]. BUT HE WHO LEAVES OVER [FLESH] OF A CLEAN [OFFERING] OR BREAKS [A BONE] OF AN UNCLEAN [ONE] IS NOT FLAGELLATED WITH FORTY [LASHES]. <big><b>GEMARA: </b></big>As for leaving over [flesh] of a clean [offering], it is well. For it was taught: And ye shall let nothing of it remain until the morning; and that which remaineth of it until the morning ye shall burn with fire.<span class="x" onmousemove="('comment',' Ex. XII, 10.');">¹⁴</span> Scripture desires to state an affirmative command after a negative command, thus teaching that one is not flagellated for it; this is R'Judah's view.<span class="x" onmousemove="('comment',' This is a general principle, for when an affirmative precept follows a negative one, it is implied that if the latter is violated, the remedy lies in the former.');">¹⁵</span> R'Jacob said: This is not the real reason,<span class="x" onmousemove="('comment',' Lit., 'this is not of the same denomination'.');">¹⁶</span> but because It is a negative injunction involving no action,<span class="x" onmousemove="('comment',' It is violated by remaining passive, not by committing a positive act.');">¹⁷</span> for which one is not flagellated. But how do we know [that] he who breaks [a bone] of an unclean [offering is not flagellated]? - Because Scripture states, Neither shall ye break a bone thereof:<span class="x" onmousemove="('comment',' Ibid. 46.');">¹⁸</span> 'thereof' [implies] of a fit sacrifice but not of an unfit one. Our Rabbis taught: 'Nei shall ye break a bone thereof': 'thereof' implies of a fit sacrifice but not of an unfit one. Rabbi said: In one house shall it be eaten. neither shall ye break a bone thereof:<span class="x" onmousemove="('comment',' Ibid. 46.');">¹⁸</span> [this intimates,] whatever is fit for eating subject to the [prohibition of] breaking a bone, while whatever is not fit for eating is not subject to the [prohibition of] breaking a bone. Wherein do they differ? Said R'Jeremiah: They differ in respect of a Passover-offering which came in a state of uncleanness:<span class="x" onmousemove="('comment',' I.e., when the majority of the community were unclean; v. Mishnah supra 79a.');">¹⁹</span> on the view that [the verse refers to] a fit [sacrif

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