Makkot 16: Transgressions, Action/Inaction, Lashes

Some notes on today's daf:

• Reish Lakish and Rabbi Yochanan agree that a person who breaks an oath to eat a loaf of bread on one day will not be lashed
• Rabbi Yochanan says this is because the transgression requires no action
• Reish Lakish says this because there cannot be a definite warning
• It is suggested that transgressions with actions are punished by lashes
• The only transgressions without actions punished with lashes are swearing falsely, temura, trading an ordinary animal for a sanctified animal, and cursing another with G-d's name

• A new Mishna quotes Rabbi Yehuda: if one takes a mother bird from her chicks/eggs, s/he is lashed and cannot do a mitzvah to send it away
• The Sages say that he can do a mitzvah, send it away, and avoid lashes
• The general rule: one is not lashed for a transgression which involves an action
• The rabbis discuss the case where a Yisrael rapes a woman, marries her, divorces her, then remarries her and is not lashed
• We are reminded that the more severe punishment is the one that is carried out
• The rabbis discuss p'eah, the corners of our fields left unharvested so that the poor can eat
• If the entire field is harvested, the amount that should have been left for the poor is separated from the sheaves and given to the poor
• If that is not done, then that same amount is rescued before the final processing is done - that is the last chance to fulfil the mitzvah
• Like a rapist who will not be lashed, there can be exceptions
• Al Da'as Rabim was made to vow he would no longer teach children because he hit them too much, but was made to annul the vow when he was needed again as a teacher

• We learn in a new Mishna that one who eats the following things is lashed:
• nevilot, what is rendered unkosher at the time of ritual slaughter 
• treifot, animals with wounds causing them to die within one year and thus not permitted,
• shekatzim or rmasim, insects or similar disgusting creatures that should not be eaten,
• The rabbis share examples of citizens lashed for eating a bug in water, a worm in a cabbage, etc
• People are lashed five times for eating an ant
• People are lashed six times for eating a wasp
• People are lashed if they urgently need to defecates and they hold it in, for that makes one detestable
• For the same reason, one cannot drink from a bloodletter's tools or smush up different sized ants to consume them

• A second new Mishna teaches that one who eats tevel or ma'aser rishon is lashed
• Even if only one type of tithe was taken, the food is forbidden to be consumed