Commentary for Temurah 8:35

לא מהני מידי והאי דלקי משום דעבר אמימרא דרחמנא הוא

R'Jacob says: This comes not under this head,<span class="x" onmousemove="('comment',' This is not the real reason why one is exempt from lashes.');">²⁸</span> but the reason is because it is a negative command [the transgression of] which involves no action,<span class="x" onmousemove="('comment',' Since to leave over the remains of the Paschal lamb entails no action.');">²⁹</span> and the transgression of a negative command in which no action is involved is not punishable with lashes. This implies [does it not] that R'Judah holds that it is punishable with lashes.<span class="x" onmousemove="('comment',' Hence we see that there is a difference of opinion among Tannaim as to whether transgression of a negative law which does not entail an action is punishable with lashes.');">³⁰</span> And according to R'Jacob, what does the text: 'And that which remains of it until the morning ye shall burn with fire' come to teach? It is required for what we have learnt:<span class="x" onmousemove="('comment',' Pes. 83a.');">³¹</span> The bones, the tendons and that which remains of the Paschal lamb are burnt on the sixteenth [of Nisan].<span class="x" onmousemove="('comment',' But not on the fifteenth, for it is forbidden to burn holy things on festivals.');">³²</span> If the sixteenth [of Nisan] fell on the Sabbath they are burnt on the seventeenth, because the burning of sacred things does not supersede either the Sabbath or Festivals. And Hezekiah said, and so taught a Tanna of the School of Hezekiah: What is the reason? Scripture says: 'That which remains of it until the morning ye shall burn with fire'; the text came to give a second morning<span class="x" onmousemove="('comment',' The word 'morning' being mentioned twice in the same verse.');">³³</span> for its burning.<span class="x" onmousemove="('comment',' The text therefore means as follows: One must not leave the remains of the Paschal lamb until the next morning, i.e., the fifteenth; but that which remains till the second morning, you shall burn it in fire, i.e., on the sixteenth which is the intermediate day of the festival.');">³⁴</span> Said Abaye: Any act which the Divine Law forbids<span class="x" onmousemove="('comment',' Lit., 'said, " do="" not"'.');"="">³⁵</span> , if it has been done, it has legal effect;<span class="x" onmousemove="('comment',' I.e., what has been done is valid.');">³⁶</span> for if you were to think that the act has no legal effect, why then is one punishable [on account thereof with lashes]? Raba however said: The act has no legal effect at all, and the reason why one is punishable with lashes on account thereof is because one has transgressed a command of the Divine Law.

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