Makkot 23b — the Talmud in English

And you shall observe My statutes and My laws,

which a person shall perform and live by them." [

there, 5]

And juxtaposed to it is: "You shall not approach to uncover nakedness."

It follows that one who sits and does not uncover nakedness is called by the verse one who performs a mitzva, and it is written of him, "and live by them," just as the one who commits a transgression is punished with karet.

Indeed,

you have learned that

everyone who sits and does not commit a transgression is granted reward as though he had performed a mitzva.

And all this applies specifically to one to whom the opportunity to commit a transgression came, and who subdued his inclination, as we find with Joseph the righteous.

Rabbi Shimon bar Rabbi says: It says,

"Only be steadfast not to eat the blood. For the blood is the life," and so forth [

Deuteronomy 12:23].

And one can derive this by means of a kal va-chomer:

If, with regard to blood, which a person's soul loathes, one who abstains from it receives reward,

as it is stated in the passage concerning blood: "So that it may be good for you and for your children after you forever, because you will do what is good and upright in the eyes of the Lord your God" [there, 28].

With regard to robbery and forbidden sexual relations, to which a person's soul desires

forbidden sexual relations

and for which it lusts

for robbery,

one who abstains from them will certainly merit

reward

for himself, for his generations, and for all the generations of his descendants, until the end of all generations.

Rabbi Ḥananya ben Akashya says: The Holy One, blessed be He, desired to grant merit to Israel

so that they would receive reward for restraining themselves from transgressions.

Therefore, He gave them an abundance of Torah and mitzvot,

such as the passage concerning repulsive creatures and creeping things, even though they would not have eaten them in any event, since a person's soul loathes them,

as it is stated: "The Lord desired, for the sake of His righteousness,"

meaning that He desires to vindicate Israel; therefore,

"He will magnify the Torah and make it glorious" [

Isaiah 42:21]:

Gemara:

We learned in the Mishna: All those liable for karet who were flogged by the court are thereby released from their liability for karet, and the Heavenly court no longer exacts punishment from them. This is the statement of Rabbi Ḥananya ben Gamliel.

Rabbi Yoḥanan said: His colleagues disagree with him,

the Rabbis

disagreeing with Rabbi Ḥananya ben Gamliel,

as he maintains that one is released from karet through lashes, whereas they maintain that one is not released through them.

Rav Adda bar Ahava said: They say in the academy of Rav: We have learned it,

we have learned a source for this statement of Rabbi Yoḥanan in the Mishna in tractate Megilla [7b], from which it is evident that the Rabbis disagree with Rabbi Ḥananya ben Gamliel.

As we learned:

The only difference between Shabbat and Yom Kippur is that the intentional violation of this one is punishable by human hands,

as an intentional violation of the labors of Shabbat is punishable by death imposed by the court,

whereas this one,

Yom Kippur,

is punishable for its intentional violation by karet.

And if it is so,

that the Rabbis of the Mishna there maintain the opinion of Rabbi Ḥananya ben Gamliel, that one is released through lashes even from liability for karet, then

both this and that are punishable by human hands!

Even on Yom Kippur, since lashes are administered for the prohibition it contains, and the court that lashes him for performing labor releases him from karet, it follows that his punishment is imposed by human hands. Rather, evidently, the Rabbis disagree with Rabbi Ḥananya ben Gamliel, and maintain that the lashes he receives from human hands do not release him from the punishment of karet imposed by Heaven.

Rav Naḥman [

bar Yitzḥak]

says:

There is no proof from the Mishna there in Megilla. Rather, it is possible to say that the Rabbis do not disagree with Rabbi Ḥananya ben Gamliel, and as for the Mishna in Megilla,

whose opinion is it? It is Rabbi Yitzḥak's, who said

earlier [13b]

there are no lashes for those liable for karet.

One does not administer lashes for a prohibition whose warning indicates liability for karet, even if he was warned that he would receive lashes.

But according to us, who do administer lashes for those liable for karet, it is possible to say that one who receives lashes is thereby released from his liability for karet.

As it was taught in a beraita: Rabbi Yitzḥak says: All

все

those liable for karet

for forbidden sexual relations

were included

in the phrase "and the souls that perform them shall be cut off," which is stated in the passage concerning forbidden sexual relations,

were.

And why was karet singled out with regard to one's sister?

Why did the verse repeat the liability for karet concerning the prohibition against intercourse with one's sister, in the passage "And if a man takes his sister," in the portion Kedoshim?

To judge him with karet and not with lashes.

This teaches that they have no other punishment, only karet, even if they were warned.

And it was Rabbi Yitzḥak who stated the Mishna in Megilla: An act whose intentional violation is punishable by karet is punished by Heaven alone and not by human hands, since it is punishable by karet and not by lashes.

Rav Ashi said: Even if you say

that the Mishna in Megilla is that of

the Rabbis,

who obligate those liable for karet to receive lashes, nevertheless one cannot prove from there that the Sages disagree with Rabbi Ḥananya ben Gamliel, because this is how the Mishna there can be explained:

This one [

Shabbat],

the primary

severity of

its intentional violation is at the hands of man. And this one [

Yom Kippur],

the primary

severity of

its intentional violation is by

karet at the

hands of Heaven;

however, if he was warned and was flogged, he is released from karet.

Rav Adda bar Ahava said in the name of Rav: The halakha is in accordance with Rabbi Ḥananya ben Gamliel,

that he is released from karet if he was flogged.

Rav Yosef said:

How do we know that the halakha is in accordance with Rabbi Ḥananya ben Gamliel? After all, the punishment of karet is imposed by Heaven, and

who ascended above and returned to tell us!?

Who ascended to Heaven and returned from there to testify to us that one liable for karet is not punished by Heaven if he was flogged by the court?!

Abaye said to him: But regarding that which Rabbi Yehoshua ben Levi said, that there are three matters enacted by the earthly court and the Heavenly court agreed with them,

do you also claim here:

Who ascended above and returned to tell us!?

Who ascended to Heaven and returned from there and told Rabbi Yehoshua ben Levi that the Heavenly court agreed with them?!

Rather,

the answer to this is that

we expound verses [

we derive this from the verses].

Here too,

with regard to karet, one can answer that

we expound verses [

deriving from the verses] that one is released from karet through lashes.

With regard to the matter itself: Rabbi Yehoshua ben Levi said: There are three matters enacted by the earthly court, and the Heavenly court agreed with them. [

These are them]:

a. They said that it is obligatory to recite

the Megilla.

b.

And greeting [

in the name].

They permitted a person to greet his fellow in the name of God, for example, "May the Lord grant you peace," and this does not constitute uttering God's name in vain.

Another interpretation: A person is obligated to greet his fellow in the name of God. [

Both the one greeting and the one being greeted mention the Name, because "peace" is also one of the names of the Holy One, blessed be He, as it is written [Judges 6]: "And he called it, The Lord is Peace!" That is, he called it Peace, which is one of His names.]

c.

And bringing the tithe

to the chamber of the House of God.

Ezra the Scribe penalized the Levites because they did not ascend with him, and he commanded that all the tithes be brought to the chamber of the House of God. They would distribute the first tithe, which belongs exclusively to the Levites, equally among the priests and the Levites, as it is stated in Ezra [Nehemiah 10]: "And the priest, the son of Aaron, shall be with the Levites, concerning the tithe of the Levites."

And Hezekiah likewise did so: He prepared chambers to which all the tithes would be brought, because some people had been negligent in giving their tithes, while others had given them to those who were unworthy. Therefore, he prepared chambers to which the tithes would be brought, so that they would not be received by Levites who were practitioners of idolatry, as it is stated in Chronicles [II Chronicles 31]: "And Hezekiah commanded them to prepare chambers in the House of the Lord. And they prepared them, and brought the gift and the tithe."

He also instituted that the tithe of vegetables and the tithe of fruit trees be brought to Jerusalem [although by Torah law they are not subject to tithes, since according to Torah law terumot and tithes are obligatory only for grain, wine, and oil], as it is written [II Chronicles 31:5]: "And when the word spread," meaning that Hezekiah's ordinance was strengthened and prevailed, "the children of Israel gave abundantly the first yield of grain, wine, and oil, and honey, and every produce of the field." And the Gemara explains in tractate Nedarim: What is meant by "every produce of the field"? It comes to include fruit of the tree and vegetables, from which a threshing floor is not made.

And the Heavenly court agreed with them, as is demonstrated by the verses:

a. Regarding

the recitation of the Megilla,

the Heavenly court agreed with them,

as it is written [

Esther 9]:

"The Jews established and accepted"—they established above what they accepted below.

b.

And

regarding

greeting

in the Name, the Heavenly court agreed with them,

as it is written [

Ruth 2]:

"And behold, Boaz came from Bethlehem and said to the reapers: The Lord be with you." And it says [

Judges 6]:

"The Lord is with you, mighty warrior."

And we raise an objection:

What is the purpose of "and it says"?

Why is it necessary to bring an additional verse? After all, an eminent person such as Boaz would not have said this had he not known that the Holy One, blessed be He, had already agreed to it.

And we answer:

If you would say

that perhaps you would reject this and say that although Boaz was indeed an eminent person, nevertheless perhaps

it was Boaz who acted on his own initiative, and

however,

Heaven did not agree with him,

therefore the additional verse was brought:

Come and hear, and it says,

that the angel said to Gideon,

"The Lord is with you, mighty warrior."

Since the angel greeted Gideon in the name of the Lord, it follows that the Heavenly court agreed to this.

c. And regarding

bringing the tithe

to the chamber of the House of God, the Heavenly court agreed with them,

as it is written [

Malachi 3], where the prophet said to Israel:

"Bring all the tithe to the treasury, and let there be food

in My house, and test Me now with this, says the Lord of Hosts: If I will not open for you the windows of Heaven and pour out for you a blessing until there is more than enough."

And it follows that the Heavenly court agreed with them.

The Gemara explains:

What is

the blessing

"until there is more than enough,"

which is written at the end of the verse?

Rami bar Rav said:

The blessing will continue

until your lips wear out from saying, "Enough."

Rabbi Elazar said: In three places the Divine Spirit appeared [

was revealed]

publicly.

публично.

a.

In the court of Shem.

b.

And in the court of Samuel the Ramati.

c.

And in the court of Solomon.

And this is demonstrated by the verses:

a.

In the court of Shem

the Divine Spirit was revealed

, as it is written [

Genesis 38], concerning Tamar, when she was brought before the court of Shem to sentence her to death by burning because she had committed adultery,

"And Judah recognized

[the seal and the cords]

and said, 'She is more righteous than I,'"

as she had become pregnant by me.

And this is difficult:

From where did he know

that the pregnancy was from him?

Perhaps, just as he went to her,

just as he went to her,

another man also went to her,

and she became pregnant from him.

Rather,

a heavenly voice emerged and said: "From me kings will emerge as conquerors!"

A decree emerged from Heaven to this effect: Since Judah was a king and she was modest in her father-in-law's house, the decree was issued that kings would emerge from them, these two sons, to conquer the world. For David and the Messiah were destined to emerge from her.

b.

In the court of Samuel

the Divine Spirit was revealed,

as it is written [

I Samuel 12]:

"Here I am; testify against me before the Lord and before His anointed: Whose ox have I taken?

And they said: You have not wronged us or oppressed us!

And he said: The Lord is witness, and His anointed is witness, that you have found nothing in my hand!

And he said: He is witness."

The Gemara asks: Why did the verse say

"And he said: He is witness"

in the singular? The Israelites answered him, as is written earlier, "And they said: You have not wronged us," in the plural. If so, here too,

"and they said

witness," in the plural,

should have been stated

!

It follows from this wording that it was not the Israelites who answered this way. Rather,

a heavenly voice emerged and said: "I am a witness in this matter."

c.

In the court of Solomon

the Divine Spirit was revealed:

as it is written [

I Kings 3], concerning Solomon's judgment,

"And the king

[Solomon]

answered and said: Give her the living child, and do not kill him;

for

she is his mother."

And this is difficult:

From where did he know? Perhaps she was acting deceitfully?

Perhaps she knew King Solomon's intention—that he wanted to see which woman would take pity on the infant—and intended to deceive him, pretending to feel pity.

Rather,

a heavenly voice emerged and said: "She is his mother!"

Rava said:

The proofs that the Divine Spirit appeared in these places can be refuted:

a.

From where

do we know that the Divine Spirit was revealed in the court of Shem?

Perhaps Judah calculated the months and the days, and the calculation coincided.

He calculated the days of her pregnancy, and the calculation precisely matched the date on which he had intercourse with her. Therefore, he said that she should be presumed pregnant by him, since he was the known man who had intercourse with her, and there was no need to be concerned about another, unknown man, for

with regard to what we see, we establish a presumption. [

We establish a matter according to what is known and apparent.]

With regard to what we do not see, we do not establish a presumption. [

We do not establish a presumption concerning something unknown and unapparent.]

b. And likewise, regarding

Samuel too,

from where do we know that the Divine Spirit was revealed there? Perhaps what is written, "And he said," in the singular, is because

all of Israel is referred to in the singular [

all Israel is called in the singular],

as it is written [

Isaiah 45]

"Israel is saved by the Lord,"

in the singular.

c. And likewise, regarding

Solomon too,

from where do we know that the Divine Spirit was revealed to him? Perhaps he knew that this was the mother

because this one [

from the fact that this mother]

was showing compassion [

took pity on the infant]

whereas the other [

the second mother]

was not showing compassion [

did not take pity], and if the mother who showed compassion was merely deceiving him by pretending to feel pity, then the second mother would be the infant's mother—so why did she not take pity on the infant? Rather, it is clear that the mother who showed compassion was not deceiving him.

Rather,

there is no proof from the verses that the Divine Spirit was revealed there; only

the Gemara—

there is a received tradition concerning this.

Rabbi Simlai expounded:

Six hundred and thirteen mitzvot were told to Moses

at Sinai,

Three hundred and sixty-five

of them are

prohibitions, corresponding to the number of days in the solar year,

for each and every day of the solar year warns a person not to violate a prohibition.

And two hundred and forty-eight

of them are

positive commandments, corresponding to

the number of

a person's limbs,

for each and every limb says to him: Perform a mitzva.

Rav Hamnuna said: What is the verse? -

Deuteronomy 33

“The Torah that Moses commanded us is the inheritance”