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|12TH CYCLE DEDICATION|
MAKOS 16 - Dedicated by HaGaon HaRav Yosef and Ruthie Pearlman of London, England. May Hashem bless them with good health and all their material needs, and may they enjoy many years of Nachas and joy from their wonderful children and grandchildren.
1. Rebbi Yehudah says a person who transgresses the prohibition of leaving over Kodshim after the allotted time is not punished with Malkus.
2. A person who is in doubt which one of two men is his father and he wounds them both, or curses them one after the other or simultaneously, is Chayav according to the Tana Kama.
3. Rebbi Yehudah says if a person is in doubt which one of two people is his father he is only Chayav if he wounds or curses both of them at once.
4. Rebbi Yehudah says in the name of Rebbi Yosi ha'Glili that a person is not punished with Malkus for a prohibition if no action was performed in the process of committing the transgression. However, there are a few exceptions.
5. If someone takes the mother bird while it is hovering over the chicks, he is punished with Malkus according to Rebbi Yehudah. The Chachamim maintain that he shall send the mother bird away and he is exempt from Malkus.
6. There is a disagreement if a person may be released from a Neder made in public.
7. If a person fails to leave the Pe'ah for the poor at the time of the harvest he shall leave it to them at a later stage. He is not punished with Malkus.
8. If a person fails to leave the Pe'ah for the poor Rebbi Yishmael says even after the wheat was made into dough he is obligated to leave the Pe'ah. The Rabanan disagree.
9. A person may not be released from a Neder which was made with the Da'as of the public. However, he may be released for the purpose of a Mitzvah.
10. A person who eats five crushed ants together with one whole ant the size of an olive is liable for six sets of Malkus.
11. A person who eats Tevel is punished with Malkus if the Ma'aser Ani wasn't separated, even if the Terumah and Ma'aser Rishon were separated.
A BIT MORE
1. The prohibition of leaving over Kodshim is corrected with the Mitzvas Aseh of burning the leftover Kodshim. Therefore, it is not punishable with Malkus.
2. If a woman remarries within three months after her previous marriage, and she gives birth in the seventh month of her remarriage, there is a doubt about whether the father of the child is the first or second husband. Therefore, the child is liable only when he hits or curses both men. Since the Tana Kama maintains that a Hasra'as Safek is a valid Hasra'ah, even if the son hits them one after the other, he is liable.
3. However, if the son hits or curses the two men one after the other, the Hasra'ah he receives is a Hasra'as Safek because the witnesses cannot be sure which one is his father. Rebbi Yehudah says that a Hasra'as Safek is not a valid Hasra'ah.
4. The exceptions are: one who swears falsely regarding something he did or did not do, one who makes a Temurah (exchange) for an animal of Kodshim, and one who curses his friend using the name of Hashem.
5. Although the Mitzvas Aseh to send away the mother bird is stated in the Torah after the prohibition against taking the mother, Rebbi Yehudah maintains that the intent of the Torah is that the mother bird must be sent away *before* one takes its chicks, not afterwards. The Chachamim disagree and maintain that the Mitzvas Aseh applies *after* one has transgressed the Lo Ta'aseh. Accordingly, it is a Lo Ta'aseh which is correctable with an Mitzvas Aseh, and he is not punished with Malkus.
6. However, everyone agrees that if the Neder was made with the Da'as of the public, he may not be released from the Neder.
7. The prohibition against failing to leave the Pe'ah is a Mitzvas Lo Ta'aseh which is correctable with a Mitzvas Aseh. Therefore, it is not punishable with Malkus. However, if he fails to leave the Pe'ah until after he piles up the grain and smoothes it down, it becomes obligated in Ma'aser and he must separate the Ma'aser before he leaves the Pe'ah for the poor.
8. The Rabanan maintain that grinding the wheat alters its state, and thus he no longer is obligated to leave the Pe'ah.
9. A Rebbi was using excessive force when hitting his students. Rebbi Acha made a Neder with the Da'as of the public that the Rebbi will no longer be allowed to teach. Ravina reinstated him because they did not find an adequate replacement.
10. A person is liable for five sets of Malkus for eating an ant. If he eats ants the size of an olive, he is liable for a sixth set of Malkus for eating an olive of Neveilah.
11. Although Ma'aser Ani may be eaten by non-Kohanim and has no Kedushah, the prohibition of Tevel applies to it.
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