MA'ASER OF DEMAI
(Rav Yosef): Tana'im argue about this.
(Beraisa - R. Eliezer): (Demai is Peros bought from an commoner. Most commoners take Ma'aser. Mid'Oraisa, Demai is permitted, but mid'Rabanan, one must be concerned for the minority and take Ma'aser.) When tithing Demai, one need not designate Ma'aser Oni. (In any case he keeps it, since the poor cannot prove that Ma'aser Oni was not yet separated);
Chachamim say, one must designate it (but he himself may eat it).
Suggestion: Chachamim hold that Tevel of Ma'aser Oni is Tovel (one may not eat Peros before taking Ma'aser Oni), therefore they obligate Kri'as Shem. R. Eliezer holds that it is not Tovel.
Objection (Abaye): If so, they should argue about whether or not one may eat (definite) Tevel before separating Ma'aser Oni!
(Abaye): Rather, all forbid Vadai Tevel to Ma'aser Oni. They argue about whether or not we are concerned lest an ignoramus did not separate Ma'aser Oni;
R. Eliezer is not concerned. Since Ma'aser Oni is permitted everywhere and to everyone, a commoner separates it and eats it himself (even though he is commanded to give it to the poor);
Chachamim are concerned lest he (did not know that a verbal declaration suffices and) did not want to toil to separate it.
(Mishnah) Question: How much Tevel must one eat... ?
(Rav Bivi): Chachamim and R. Shimon argue about eating a wheat kernel, but all agree that one is not lashed for less than a k'Zayis of flour (it is not a full creation).
(R. Yirmeyah): They argue also about flour.
Question (Mishnah - R. Shimon): Don't you agree that one is liable for eating a (full) ant of any size?
Chachamim: That is because it is a full creation.
R. Shimon: Also a wheat kernel is a full creation!
Inference: He argues only about a wheat kernel, for it is a full creation, but he admits about flour!
Answer: R. Shimon addresses Chachamim according to their reasoning;
I hold that even for flour, one is liable for any amount. You should admit to me about a wheat kernel, for it is a full creation!
Chachamim say, an ant has a Neshamah, so it is a significant creation. A wheat kernel is not so important.
Support (for R. Yirmeyah - Beraisa): If one eats any amount of (any food forbidden by a Lav) he is lashed;
The Shi'ur of k'Zayis applies only to Korbanos (for food forbidden by Kares).
TRANSGRESSIONS THAT ONE IS LASHED FOR
(Mishnah): The following are punished by 40 lashes (Note: every year, one brings from his field Bikurim, i.e. the first fruits to ripen (of the seven species for which Eretz Yisrael is praised) to a Kohen in the Beis ha'Mikdash, and recites verses. Kodshei Kodoshim are Korbanos that are never permitted to a Zar or outside the Azarah (courtyard of the Mikdash). Kodshei Kalim become permitted in all of Yerushalayim, even to Yisre'elim):
Eating Bikurim before Kri'ah (reciting the verses), or Kodshei Kodoshim outside the hangings (of the Mishkan, or outside the Azarah), or Kodshei Kalim or Ma'aser Sheni outside the wall (of Yerushalayim);
Breaking a bone of a Korban Pesach brought in Taharah.
One who leaves overnight meat of (even a) Tahor Korban Pesach or breaks a bone of a Pesach brought in Tum'ah (e.g. when most of Yisrael were Teme'im) is not lashed.
R. Yehudah says, if one takes a mother bird sitting on her chicks or eggs, he is lashed. He has no Mitzvah to send it away;
Chachamim say, he sends it away, and he is not lashed;
The general rule is, one is not lashed for a Lav that has an Aseh (to fix the transgression).
(Gemara - Rabah bar bar Chanah): Our Stam Mishnah is like R. Akiva, but Chachamim say that Hanachah of Bikurim (putting them down) is Me'akev (one may not eat them before this), but Kri'ah is not Me'akev.
Question: Why didn't he say that our Stam Mishnah is like R. Shimon (in the following Beraisa)?
Answer: He teaches that R. Akiva holds like R. Shimon.
(Beraisa): "(Lo Suchal Le'echol bi'Sh'arecha... ) u'Trumas Yadecha" refers to Bikurim.
Question (R. Shimon): What does this teach?
Answer #1: It forbids eating them outside the wall.
Rejection: A Kal va'Chomer from Ma'aser (Sheni) teaches this!
Ma'aser is lenient, yet one who eats it outside the wall is lashed. Bikurim is stringent, so all the more so, one may not eat it outside the wall!
Answer #2: It obligates lashes for eating Bikurim before Kri'ah.
"V'Nidvosecha" refers to (Korban) Todah and Shelamim.
(R. Shimon): This does not forbid eating them outside the wall. A Kal va'Chomer from Ma'aser teaches this!
Rather, it obligates lashes for eating Todah or Shelamim before Zerikah (throwing the blood).
"U'Vchoros" refers to Bechor (a firstborn Tahor Behemah, which is automatically a Korban).
(R. Shimon): This cannot forbid eating it outside the wall. A Kal va'Chomer from Ma'aser teaches this!
It cannot forbid eating it before Zerikah. A Kal va'Chomer from Todah and Shelamim teaches this!
Rather, it obligates (a Zar) lashes for eating Bechor, even after Zerikah.
"Bekarcha v'Tzonecha" refers to Chatas and Asham.
(R. Shimon): This cannot forbid eating them outside the wall (or before Zerikah or for a Zar who eats it). A Kal va'Chomer from Ma'aser (or Todah and Shelamim or Bechor) teaches this!
Rather, it obligates lashes for eating Chatas or Asham outside the hangings, even after Zerikah.
"Nedarecha" refers to Olah.
(R. Shimon): This cannot forbid eating it outside the wall (or before Zerikah or outside the hangings or for a Zar who eats it). A Kal va'Chomer from Ma'aser (or Todah... ) teaches this!
Rather, it obligates lashes for eating Olah, even after Zerikah inside the hangings.
REFUTATIONS OF EVERY KAL VA'CHOMER
(Rava): One should have children like R. Shimon (he expounds awesomely!), even though he is refuted
The stringency of Bikurim (over Ma'aser) is that it is forbidden to Zarim. Just the contrary, Ma'aser is more stringent, for it is forbidden to an Onen (one who lost a relative today)!
The stringency of Todah and Shelamim (over Ma'aser) is that their blood and Emurim (Chelev) is offered on the Mizbe'ach. Just the contrary, Ma'aser is more stringent, for it can be redeemed only on minted coins!
The stringency of Bechor (over Todah and Shelamim) is that it is Kodesh from the moment of birth. Just the contrary, Todah and Shelamim are more stringent, for they require Semichah, Nesachim and waving the chest and foreleg!
The stringency of Chatas and Asham (over Bechor) is that they are Kodshei Kodoshim. Just the contrary, Bechor is more stringent, for it is Kodesh from the moment of birth!
The stringency of Olah (over Chatas and Asham) is that it is Kalil (totally burned on the Mizbe'ach). Just the contrary, Chatas and Asham are more stringent, for they atone;
Further, all other Korbanos are more stringent than Olah, for both the Mizbe'ach and people consume (different parts of) them!
Question: Rava refuted every Kal va'Chomer of R. Shimon. Why did he say that one should have children like R. Shimon?
Answer: According to R. Shimon's reasoning (that each is a valid Kal va'Chomer), he wondrously inverts the verse to learn many laws.
Question: Do we really warn (to give lashes) based on a Kal va'Chomer?!
Even according to the opinion that we punish due to a Kal va'Chomer, we cannot derive the Lav from a Kal va'Chomer!
Answer #1: Indeed, R. Shimon did not mean that one is lashed for these. He meant only that they are forbidden.
Question: Rava said that if a Zar eats (a k'Zayis of) Olah before Zerikah outside the wall of Yerushalayim, according to R. Shimon he is lashed five times (five sets of 39 lashes)!
Answer: He means that he transgresses five prohibitions.
Objection: Our Mishnah teaches that one is lashed for Bikurim outside the wall, and Kodshei Kodoshim outside the hangings!