ואיכא דאמרי חדא נמי לא לקי דהא לא מיחד לאויה כלאו דחסימה:
Some say that he suffers stripes but once;<span class="x" onmousemove="('comment',' For the inclusive negative precept. In the case in question, therefore, he would suffer stripes three times, once for offering the leaven, again for the honey, and a third time for the mixtures.');"><sup>4</sup></span> but others say that he does not suffer stripes at all,<span class="x" onmousemove="('comment',' For the inclusive negative precept; so that he would suffer stripes but twice.');"><sup>5</sup></span> since the negative precept is not as specific as that of 'muzzling'.<span class="x" onmousemove="('comment',' Sc. the ox when treading the corn, Deut. XXV, 4. This is given as an example of a specific negative precept because it follows immediately upon the law concerning stripes, Deut. XXV, 1ff.');"><sup>6</sup></span>
Shenei Luchot HaBerit
In his discussion of the prohibition of offering either honey or leaven on the altar (commandment 318), he quotes Rava in Menachot 58 that if someone offers both leaven and honey on the altar simultaneously, he receives the penalty of 39 ,מלקות lashes for either one of these offences as well as twice more for a mixture containing each of these forbidden substances. Abaye says that one does not administer this penalty on any prohibition which is known as לאו שבכללות, a prohibition introduced by such statements as כל, "all or any." A third anonymous opinion quoted states that the guilty party receives at least one set of 39 lashes. A fourth anonymous opinion quoted states that no lashes are administered in such a case altogether, the reason being that this prohibition is not expressed in a wording similar to that of the prohibition the ox while threshing, (Deut. 25,4) which is considered the classic example of all the prohibitions which carry the penalty of מלקות.
Ask RabbiBookmarkShareCopy
