דאיתמר שבועה שאוכל ככר זו היום ועבר היום ולא אכלה ר' יוחנן ור"ש בן לקיש דאמרי תרוייהו אינו לוקה רבי יוחנן אמר אינו לוקה משום דהוה ליה לאו שאין בו מעשה וכל לאו שאין בו מעשה אין לוקין עליו אבל התראת ספק שמה התראה
For it was stated: [If a man declares, 'I take] an oath that I will eat this loaf to-day,' and th passed and he did not eat it, - R'Johanan and R'Simeon B'Lakish both maintain, He is not flagellated. R'Johanan said, He is not flagellated, because it is a negative injunction not involving an action,<span class="x" onmousemove="('comment',' I.e., he violates the injunction, 'Thou shalt not take the name of the Lord thy God in vain (Ex. XX, 7) by remaining passive, not by a positive act, v. Shebu. 20b.');"><sup>7</sup></span> and every negative command not involving an action, we do not flagellate for it; but a doubtful warning counts<span class="x" onmousemove="('comment',' Lit., 'its name is'.');"><sup>8</sup></span>
Tosefta Pesachim
One who slaughters the Passover offering along with chametz on the fourteenth [of Nissan] transgresses a negative commandment, [but the] Passover offering itself is valid, and he fulfills his obligation through it with [respect to] the Passover offering. And whether he is the one who slaughters it, or the one who sprinkles its blood, or the one who offers it up [on the Altar, he is liable]. In what case does this apply? When one of the members of a collective [who will partake in the Paschal lamb] has chametz [in his possession]. If none of the members of the collective has chametz, he is exempt, but the one who pinches the neck of a bird inside [the Temple] with chametz on the fourteenth transgresses a negative commandment.
Ask RabbiBookmarkShareCopy
Tosefta Pesachim
One who slaughters the Passover offering along with chametz on the fourteenth [of Nissan] transgresses a negative commandment, [but the] Passover offering itself is valid, and he fulfills his obligation through it with [respect to] the Passover offering. And whether he is the one who slaughters it, or the one who sprinkles its blood, or the one who offers it up [on the Altar, he is liable]. In what case does this apply? When one of the members of a collective [who will partake in the Paschal lamb] has chametz [in his possession]. If none of the members of the collective has chametz, he is exempt, but the one who pinches the neck of a bird inside [the Temple] with chametz on the fourteenth transgresses a negative commandment.