daf bit: Pesachim 84

[cellio]

Today's daf is in the midst of a discussion of the Pesach offering. The mishna teaches: he who breaks a bone of a clean Pesach offering is punished with lashes (since the torah says no bones shall be broken), but he who leaves over meat of a clean animal until morning (also forbidden by the torah) is not, nor is one who breaks the bone of an unclean animal. Why is one not punished for leaving over the meat until morning? Because, the g'mara elaborates, the torah says "you shall let nothing of it remain until the morning" and also "that which remains until morning you shall burn" -- thus, we have a negative commandment followed by a positive one, and violation of the negative commandment (or negative commandments in general?) is not punished with lashes. This is R. Yehudah's view. But what about breaking the bones from the unclean animal? There are several opinions (which I do not completely understand yet). (84a)

(I don't understand why not breaking the bone of a clean offering isn't also a negative commandment. Or, if it is, why it nonetheless gets lashes.)

Comments

"Lav hanitak la'aseh, ein lokin alav"

[(Anonymous)]

In general, violation of a negative biblical precept is subject to the penalty of lashes. However, the g'mara (Makot 15a) explains that lashes are not administered for violation of a negative precept for which there exists a remedial positive precept: לאו הניתק לעשה אין לוקין עליו.

Since burning the remains of the Pesach offering is a positive precept that can remedy violation of the prohibition against leaving leftovers, lashes are not administered for leaving leftovers.

Re: "Lav hanitak la'aseh, ein lokin alav"

[cellio]

Thanks for the information (and pointer)!