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|MAKOS 15 - Dedicated by Eddie and Esther Turkel of Riverdale, NY, to commemorate the Hakamat Matzeivah of their cousin, Aharon David ben Mordechai Kornfeld|
1. A Tamei who enters the Beis ha'Mikdash is Chayav Malkus.
2. A man who rapes a girl is obligated to marry her (if she so pleases), and he may never divorce her. If he divorces her he is forced to remarry her, but he is not punished with Malkus.
3. A Kohen who rapes a girl may not remarry her if he divorces her. Therefore he is punished with Malkus.
4. According to Reish Lakish, if a person transgresses a negative prohibition which can be "repaired" through a Mitzvas Aseh, he is not punished with Malkus. Rather, Beis Din makes him perform the Mitzvas Aseh and "repair" the negative prohibition.
5. According to Rebbi Yochanan, if a person transgresses a negative prohibition which can be "repaired" through a Mitzvas Aseh, he is not punished with Malkus. He is punished only if he does something which prevents the Mitzvas Aseh from being able to "repair" the negative prohibition.
6. Rebbi Yochanan says that a Hasra'as Safek is a Hasra'ah. Reish Lakish disagrees.
7. If a person who swears, " I will eat a loaf of bread today," and then does not eat it on that day, he is not punished with Malkus.
A BIT MORE
1. It is a Mitzvas Aseh to send the Teme'im out of the Beis ha'Mikdash, since the Mitzvas Aseh (to go out) precedes the Mitzvos Lo Ta'aseh (not to go in) in the Torah. It is not considered a Lo Ta'aseh which can be corrected with an Aseh, and therefore it is punished with Malkus.
2. The prohibition against divorcing an Anusah is a Mitzvos Lo Ta'aseh which can be corrected with the Mitzvas Aseh of remarrying her. Therefore, he is obligated to remarry her and he is not punished with Malkus.
3. A Kohen is prohibited from marrying a divorcee even in this case. Therefore, it is not possible for him to correct the Mitzvas Lo Ta'aseh.
4. The Mitzvas Aseh is in lieu of the punishment of Malkus. Therefore, Beis Din warns him to fulfill the Mitzvas Aseh or he will be punished with Malkus.
5. Rebbi Yochanan maintains that even if he does not fulfill the Mitzvas Aseh immediately, he is not punished with Malkus unless he actively causes the annulment of the Mitzvas Aseh.
6. Rebbi Yochanan learns that a person is punished with Malkus for a Lav which can be corrected with an Aseh when he annuls the Mitzvas Aseh, even though at the time he transgressed the Lo Ta'aseh there was a doubt about whether he would annul the Aseh, and thus the Hasra'ah he received was a Hasra'as Safek. Reish Lakish says that a Hasra'as Safek is not a valid Hasra'ah. Therefore, the transgression of the Lo Ta'aseh is not contingent on the Aseh, but rather the Aseh is an alternative to the punishment of Malkus.
7. Rebbi Yochanan says that the transgressor is not punished with Malkus because he performed no act in the process of committing the transgression. Reish Lakish says that he is not punished with Malkus because the Hasra'ah was a Hasra'as Safek, since it was not known, at the time of the Hasra'ah, whether he would eat the bread.
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