POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Makos 16
MAKOS 16-20 - Ari Kornfeld has generously sponsored the Dafyomi publications
for these Dafim for the benefit of Klal Yisrael.
1) "HASRA'AS SAFEK" AND "LAV SHE'EIN BO MA'ASEH"
(a) This is as each of them taught elsewhere.
2) LASHES FOR NOT FULFILLING THE "ASEH"
1. (R. Yochanan and Reish Lakish): If Reuven swore 'I
will eat this loaf today' and he did not eat it, he
is not lashed;
(b) They both explain R. Yehudah.
i. (R. Yochanan): He is not lashed because this
Lav does not come through an action;
ii. (Reish Lakish): He is not lashed because he
cannot receive definite warning (perhaps he
will eat the loaf later), and doubtful warning
1. (Beraisa - R. Yehudah): "Lo Sosiru (do not leave
over from the Korban Pesach until
morning)...veha'Nosar...ba'Esh Tisrofu (burn what is
left over)" - the verse gives an Aseh to fix the
Lav, therefore one is not lashed for it.
(c) Question: Why doesn't Reish Lakish also learn like R.
Yochanan, that doubtful warning is (proper) warning?
2. R. Yochanan infers, had the Torah not given an Ase,
one would be lashed for it, even though the warning
is doubtful (perhaps he will finish eating before
3. Reish Lakish infers, had the Torah not given an Ase,
one would be lashed for it, even though Ein Bo
(d) Answer: He holds like a different Tana according to R.
1. (Beraisa): We are unsure if Reuven is the son of
David or Moshe. If Reuven strikes or curses David
and Moshe, one after the other or at the same time,
he is liable (even though the warning is doubtful);
(e) Question: Why doesn't R. Yochanan also learn like Reish
Lakish, that one is lashed for a Lav she'Ein Bo Ma'aseh?
2. R. Yehudah says, he is only liable if he struck or
cursed both at the same time.
(f) Answer: He heard that R. Yehudah exempts for a Lav
she'Ein Bo Ma'aseh (with only three exceptions).
1. (Rav Idi bar Avin citing R. Yochanan): R. Yehudah
said in the name of R. Yosi ha'Galili, one is lashed
for a Lav which is done through an action;
(g) Question: According to both R. Yochanan and Reish Lakish,
R. Yehudah contradicts himself!
2. The only Lavim without an action for which one is
lashed are swearing (falsely), Temurah and cursing a
(h) Answer - part 1 (for Reish Lakish): Tana'im argue about
the opinion of R. Yehudah.
(i) Answer - part 2 (for R. Yochanan): R. Yehudah himself
holds that one is lashed for Lav she'Ein Bo Ma'aseh, he
cited R. Yosi ha'Galili to say that one is not lashed.
(j) (Mishnah - R. Yehudah): If one takes a mother bird
sitting on her chicks or eggs, he is lashed, he has no
Mitzvah to send it away;
(k) Chachamim say, he sends it away, he is not lashed;
1. The general rule is - one is not lashed for a Lav
which has an Aseh to fix the transgression.
(a) (R. Yochanan): There is only one other such Mitzvah (in
which lashes depend on failure to fulfill the Ase).
(b) Question (R. Elazar): Which is the other Mitzvah?
1. R. Yochanan: Go investigate!
(c) Answer #1 (R. Elazar - Beraisa): If a Yisrael raped a
woman and divorced her, he remarries her, he is not
1. If a Kohen did so, he cannot remarry her, he is
(d) Question: We understand according to the opinion Kiymo
v'Lo Kiymo - he is lashed if he does not remarry her.
2. A Yisrael is not lashed, even though the Aseh
precedes the Lav!
1. According to the opinion Bitlo v'Lo Bitlo, we
understand how he can (permanently) Mevatel the
Mitzvah to send the mother bird (he can kill it) -
but how he can Mevatel the Mitzvah to remarry her?
(e) Answer #1 (R. Simi of Chuzna'ah): He accepted Kidushin
for her from another man.
i. If he kills her, he is not lashed for he is
(f) Objection (Rav): If she made him her Shali'ach, she was
Mevatel the Mitzvah; if she did not, he cannot accept
Kidushin for her!
(g) Answer #2 (R. Simi of Chuzna'ah): He vowed in public not
to remarry her.
(h) Question: This is according to the opinion that a vow
taken in public can never be permitted;
1. But according to the opinion that it can be
permitted, what can we answer?
(i) Answer: He vowed Al Da'as Rabim (according to the will of
1. (Ameimar): The Halachah is, a vow taken in public
can be permitted, a vow Al Da'as Rabim cannot be
(j) Question: There are more (Mitzvos in which lashes depend
on failure to fulfill the Ase)!
(k) Question #1: It says "V'Lo Sigzol", and "V'Heshiv Es
ha'Gzelah" (a Mitzvah to return the theft)!
(l) Question #2: "Lo Savo El Beiso La'avot Avoto" (do not
enter the borrower's house to take a security - if you
did, return it - ) "Hashev Tashiv Lo Es ha'Avot"!
1. One can be lashed for these, whether one holds Kiymo
v'Lo Kiymo (he does not return it) or Bitlo v'Lo
Bitlo (he destroys it)!
(m) Answer (to both questions): Since he must pay for it, he
is not lashed in addition to this.
1. Question (R. Zeira): If someone took a convert's
security and the convert died (without heirs), there
is no one to pay (he should be lashed)!
3) MULTIPLE LASHES FOR EATING INSECTS
2. Answer: When he destroyed the security, he became
liable to pay (not to be lashed) - when the convert
died, his obligation to pay went away.
(n) Question #3: It says "Lo Sechaleh Pe'as...(do not harvest
your entire field (leave a corner for the poor) - if you
did not, give the poor from what you harvested -) "Le'Ani
vela'Ger Ta'azov Osam"!
1. One can be lashed for this, whether one holds Kiymo
v'Lo Kiymo or Bitlo v'Lo Bitlo!
(o) Answer #1: He holds like R. Yishmael, who says that, even
if he made a dough, he separates from the dough and gives
to the poor (he still did not acquire it).
2. (Beraisa): Pei'ah should be designated and left
attached (the poor take it themselves); if the owner
harvested his entire field, he separates (the amount
which should have been left) from the sheaves (and
gives it to the poor); if this was not done, he
separates from the stack before Miru'ach (final
i. If Miru'ach was already done, he separates the
proper amount, takes Ma'aseros on it, and gives
it to the poor.
ii. (But if he ground the grain, he acquires it
like a thief, he can no longer fulfill the
(p) Objection: Even according to R. Yishmael, if he ate the
dough, he can no longer fulfill the Mitzvah!
(q) Answer #2 (to questions (b) and (n)): Rather, the other
Mitzvah (in which lashes depend on failure to fulfill the
Ase) is Pei'ah, but there are never lashes for a rapist;
1. Even if he vowed not to remarry her, it can be
2. A vow Al Da'as Rabim cannot be permitted for Reshus,
it can be permitted for the sake of a Mitzvah.
i. There was a teacher of children that would hit
them too much; Rav Acha vowed (Al Da'as Rabim)
that he would not teach children anymore;
ii. Ravina reinstated him, because they could not
find someone else that teaches so well.
(a) (Mishnah): One who eats Neveilos, Treifos, Shekatzim
4) LASHES FOR EATING "TEVEL"
(b) (Rav Yehudah): If one ate a worm found in cabbage, he is
lashed for "Ha'Sheretz ha'Shoretz Al ha'Aretz (may not be
1. Rav Yehudah lashed a man who ate such a worm.
(c) (Abaye): If one ate Potisa (a bug found in water), he is
lashed four times (there are two Lavim for water
Sheratzim, and two Lavim for all kinds of Sheratzim);
1. If he ate an ant, he is lashed five times (for the
above four and for "Ha'Sheretz ha'Shoretz Al
(d) (Rav Achai): If one urgently needs to excrete and holds
it in, he transgresses "V'Lo Seshaktzu (do not make
2. If he ate a wasp, he is lashed six times (for the
above five and for "Sheretz ha'Of").
(e) (Rav Bivi bar Abaye): If one drinks from a bloodletter's
vessel (which is disgusting), he transgresses "V'Lo
(f) (Rabah bar Rav Huna): If one ground up nine ants and
completed the quantity of a k'Zayis with a live (Rashi;
Tosfos - intact) ant, he is lashed five times for eating
a full creation (ant, as Abaye taught) and once for
eating a k'Zayis of Neveilah.
(g) (Rava): The same applies if he ground up two ants and a
full ant completed a k'Zayis.
(h) (Rav Yosef): The same applies if one minced ant and a
full ant comprised a k'Zayis.
(i) They do not argue - Rabah discusses small ants, Rava
discusses bigger ants, Rav Yosef discusses very big ants.
(a) (Mishnah): One who eats Tevel or Ma'aser Rishon...
(b) (Rav): If one ate Tevel of Ma'aser Oni (produce from
which Ma'aser Oni was not taken) he is lashed.
(c) This is like the following Tana.
1. (Beraisa - R. Yosi) Question: Perhaps one is liable
only for Tevel from which no Terumah or Ma'aser was
taken - what is the source to obligate for Tevel
from which Terumah was taken, but not Ma'aser
Rishon, or (also Ma'aser Rishon was taken but not)
Ma'aser Sheni or even Ma'aser Oni?
2. Answer: It says "Lo Suchal Le'echol bi'Sh'arecha",
and it says "V'Achlu vi'Sh'arecha v'Save'u";
i. The latter refers to Ma'aser Oni - likewise,
the former, one may not eat produce that still
'contains' (i.e. is Tevel to) Ma'aser Oni.