Monday, April 21, 2025

What is the hiddush of the Mishnah TB Makkot 13

Today’s  daf TB Makkot 13 we begin the third and final chapter of our massekhet.  This is the longest of the three chapters and names our massekhet. Of the 365 negative prohibitions in the Torah, Rambam counts only 207 of them to be subject to the penalty of makkot, lashes. Obviously the Mishna cannot list all 207 cases. Rashi ד"ה  אֵלּוּ הֵן הַלּוֹקִין

comments that the cases included contains a hiddush, a novelty that you might not have known. I shall break the Mishna into four groupings and explain each’s hiddush. All translations come from Sefaria. org.

The first group: “One who engages in intercourse with his sister, or with his father’s sister, or with his mother’s sister, or with his wife’s sister, or with his brother’s wife, or with the wife of his father’s brother, or with a menstruating woman.” This grouping are forbidden sexual relationships, ‘arayot (עֲרָיוֹת). They all have in common when purposefully sinned the punishment is karet. One might have thought that since the punishment is karet, there will be no lashes, but that is not so. There is a tana who holds that a person  who is liable for the punishment of karet receives no lashes; however, we do not poskin like him.

The second group: “one is flogged in the case of a widow who married a High Priest, a divorcée or a ḥalutza who married an ordinary priest, a mamzeret, i.e., a daughter born from an incestuous or adulterous relationship, or a Gibeonite woman who married a Jew of unflawed lineage, and a Jewish woman of unflawed lineage who married a Gibeonite or a mamzer, i.e., a son born from an incestuous or adulterous relationship.” These are forbidden relationships that are not ‘arayot.

The third group is: “A ritually impure person who ate sacrificial food and one who entered the Temple while ritually impure. And one who eats the forbidden fat of a domesticated animal; or blood; or notar, leftover flesh from an offering after the time allotted for its consumption; or piggul, an offering invalidated due to intent to sprinkle its blood, burn its fats on the altar, or consume it, beyond its designated time; or one who partakes of an offering that became impure, is flogged.” The penalty for these Temple related transgressions is karet, but one still receives lashes.

The fourth group is: “one who eats unslaughtered animal or bird carcasses, or tereifot, which are animals or birds with a condition that will lead to their death within twelve months, or repugnant creatures, or creeping animals, is liable to receive lashes. If one ate untithed produce, i.e., produce from which terumot and tithes were not separated; or first-tithe produce whose teruma of the tithe was not taken; or second-tithe produce or sacrificial food that was not redeemed; he is liable to receive lashes.” The common denominator of this group is that they are all dealing with forbidden consumption of foods.

 

 

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