Talmud Bavli
Talmud Bavli

Halakhah for Yoma 161:22

רב פפא אמר

Then why does Scripture mention it? It is free for interpretation, hence it serves for comparison, to derive thence an inference from analogy of expression: the penalty is mentioned in connection with [failure of] affliction, and the same penalty is mentioned in connection with [the performance of] labour, hence just as [performance of] labour is punished only after warning, so is [the failure of] affliction punished only after warning. Against this may be objected: There is a specific condition in connection with labour [to which a penalty is attached] in that it is forbidden on Sabbath and festival days, but would you apply the same to [the commandment of] affliction seeing that does not apply on Sabbath and festival days? Rabina said: This Tanna infers it from the word 'self-same'.<span class="x" onmousemove="('comment',' This word occurs both with the prohibition of labour in Lev. XXIII, 30 and with the commandment of affliction in v. 29 ibid., hence appears available for inference from analogy of expression.');"><sup>22</sup></span> Now it must be free,<span class="x" onmousemove="('comment',' V. p. 397. n. 3.');"><sup>23</sup></span> for if it were not free, the objection as above could be raised against it. Hence it indeed must be free. [Consider] there are<span class="x" onmousemove="('comment',' So Bah.');"><sup>24</sup></span> five Scriptural verses written in connection with labour:<span class="x" onmousemove="('comment',' Lev. XVI, 29; XXIII, 28, 29, 30 and Num. XXIX, 7.');"><sup>25</sup></span> one indicating the prohibition for the day, one the prohibition for the night, one the warning for the day, one the warning for the night, one remains free for inference from [the prohibition of] labour for [the commandment of] affliction, touching both day and night. The School of R'Ishmael taught: Here the word 'affliction' is used and there the word 'affliction'<span class="x" onmousemove="('comment',' In connection with the rape of a betrothed maiden, Deut. XXII, 24.');"><sup>26</sup></span> is used; hence just as there the penalty is incurred only after warning, so here too the penalty is incurred only after warning. R'Aha B'Jacob said: One can infer that from the phrase 'Shabbath Shabbathon' ['solemn day of rest']<span class="x" onmousemove="('comment',' Lev. XXIII, 32.');"><sup>27</sup></span> which occurs in connection with the ordinary Sabbath,<span class="x" onmousemove="('comment',' Lit., 'with the Sabbath of creation',i.e., the Sabbath, the observance of which is due to the first Sabbath, a tech. term. for any ordinary seventh day Sabbath, as against other days of rest, viz.,the Holy Days.');"><sup>28</sup></span> and just as there penalty is incurred only after warning, so here too, penalty is incurred only after warning. R'Papa said:

Sefer HaChinukh

To not curse the judge: To not curse the judges, as it is stated (Exodus 22:27), "Lords (elohim) shall you not curse." And the understanding of elohim [here] is judges, as [in] (Exodus 22:8), "that the elohim deem guilty." And the verse [chose] this expression [which can also mean, God], so that another negative commandment would be included in this negative commandment, and that is the negative commandment of 'blessing' God. As they, may there memory be blessed, said in the Mekhilta and the Sifri, "The warning for 'blessing God' is from that it is written, 'Elohim shall you not curse.'" And that which is written in another place, "And the one that blasphemes the name of the Lord will surely die" (Leviticus 24:16), is [the mention of] its punishment. But the warning (prohibition) is from here. As mention of the punishment of a commandment without its warning is not sufficient for us. And this is what our Rabbis, may their memory be blessed, always said (Sanhedrin 54a), "We have heard the punishment, from where is the warning?" And the matter is because of this: That if the prevention of God did not come to us in the matter, but it would [only] state, "One who does thing x will be punished with this," it would be implied that there is permission to transgress the commandment in the hand of anyone who is willing to take the punishment and is not concerned with his pain, and that he will not go against the will of God and His commandment with this. And [so] the matter of the commandment will turn into a type of give and take, meaning to say that one who wants to do thing x, can give such and such and do it, or bare his shoulder to suffer such and do it. And the intention of the commandments is not like this, but rather that God prevented us from things for our [own] good, and informed us in some of them of the punishment that comes to us immediately, besides transgressing His will, which is weightier than anything. And this is [the meaning] of that which they, may their memory be blessed, said in every place (Yoma 81a), "He did not punish, unless He warned," meaning to say, God did not inform of the punishment that comes for a sin, unless He first informed us that His will is that we do not do that thing for which the punishment is coming.
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