מר בריה דרבנא אמר הכי קאמר לא אם אמרת בשאר מצות שלא עשה בהן שאין מתכוין כמתכוין שאם נתכוין לחתוך את התלוש וחתך את המחובר שפטור תאמר במעילה שאם נתכוין להתחמם בגיזי חולין ונתחמם בגיזי עולה שמעל
R'Nahman B'Isaac said: He means this: If you say thus in the case of other precepts, that is because he who is not engaged therein is not declared culpable like he who is engaged therein, for if he intended picking up that which was detached but he plucked<span class="x" onmousemove="('comment',' Lit., 'cut'.');"><sup>10</sup></span> that which is attached [instead], he is not culpable;<span class="x" onmousemove="('comment',' Here he was not engaged in plucking or cutting at all.');"><sup>11</sup></span> will you say [the same] of trespass, where if he stretched out his hand to take a vessel and [incidentally] anointed his hand with holy oil,<span class="x" onmousemove="('comment',' There too he was not engaged in anointing at all.');"><sup>12</sup></span>
Sefer HaMitzvot
That He prohibited us from eating the meat of a burnt-offering. And that is His, may He be exalted, saying, "You may not eat in your cities, etc. and all your pledges that you pledge" (Deuteronomy 12:17) - as if He were saying, "You may not eat in your cities your pledges that you pledge." And the explanation (Sifrei Devarim 74:1) appeared [about it]: "'And all your vows' - that is a burnt-offering. The verse only came to teach you about one who eats a burnt-offering - whether before the sprinkling of its blood or after the sprinkling of its blood; whether inside the curtains or outside the curtains - he transgresses a negative commandment." And this negative statement is the prohibition for all who misappropriate. And one who transgresses this negative commandment - meaning that he eats from the meat of a burnt-offering; or benefits from the other consecrated foods about which one is liable for misappropriation, as explained in Meilah - is lashed if he was volitional; and brings a misappropriation-offering and repays what he benefited and adds a fifth if he was inadvertent, as we explained in (the Commentary on the Mishnah on) Tractate Meilah. [In Pesachim (Pesachim 83a),] they said, "One who volitionally misappropriates: Rabbi says, '[His punishment is] with death'; but the Sages say, 'With a prohibition.'" And they brought a proof - "and die for it" (Leviticus 22:9). ["It," and not misappropriation.] (See Parashat Re'eh; Mishneh Torah, Sacrificial Procedure 11.)
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