Pesachim

[for] a hornet, he is flagellated six times?1 — Said he to him: Wherever we can interpret we do interpret,2 and not apply it to additional injunctions. Now what is the purpose of ‘and the flesh’ [that toucheth any unclean thing shall not be eaten]3 of the commencement of the verse?4 — It is to include wood and frankincense.5 What is the purpose of, ‘And as for the flesh, every one that is clean shall eat thereof’ of the end [of the verse]?6 — It is to include emurim.7 [But] emurim are learnt from elsewhere, for it was taught: But the soul that eateth of the flesh of the sacrifice of peace-offerings, that pertain unto the Lord [having his uncleanness upon him]:8 this is to include the emurim?9 — There [the reference is to] the uncleanness of the person, [which is punishable] with kareth, [whereas] here [we treat of] the uncleanness of the flesh, [which is subject to] a negative injuction.10 R. Abbahu said in R. Johanan's name: [With regard to] all the prohibited articles of the Torah, we do not flagellate on their account save [when they are eaten] in the normal manner of their consumption. What does this exclude? _ Said R. Shimi b. Ashi: It is to exclude [this. viz.,] that if he ate raw heleb, he is exempt [from punishment]. Others say. R. Abbahu said in R. Johanan's name: [With regard to] all the prohibited articles of the Torah, we do not flagellate on their account save [when they are used] in the normal manner of their usage. What does this exclude?Said R. Shimi b. Ashi: It is to exclude [this, viz.,] if he applied the heleb of the ox which is stoned11 upon his wound, he is exempt;12 and all the more so,if he eats raw meat, he is exempt. It was stated likewise: R. Ahab. R. ‘Awia said in R. Assi's name in R. Johanan's name: If he applies the heleb of the ox which is stoned upon his verse does not bear upon its own subject at all, why specify ‘the flesh’? Scripture could say, and that which toucheth, etc. wound he is exempt, because [in the case of] all the interdicts of the Torah, we do not flagellate on their account save [when they are, used] in the normal manner of their usage. R. Zera said, We too learned [thus]: ‘One does not receive forty [lashes]13 on account of ‘orlah,14 save for that which issues from olives or from grapes alone’: but [for that which issues] from mulberries, figs and pomegranates [there is, as implied,] no [flagellation]. What is the reason? Is it not because he does not eat them in the normal manner of their usage?15 Said Abaye to him: That were well if he informed us16 of the fruit itself, where he did not eat it in the normal manner of its usage; but here [the reason16 is] because it17 is mere moisture.18 Abaye said: All agree in, respect of kil'ayim14 of the vineyard, that we flagellate on its account even [when one does] not [enjoy it] in the normal manner of its usage. What is the reason? Because ‘eating’ is not written in connection therewith. An objection is raised: Issi b. Judah said: How do we know that meat and milk [seethed together] are forbidden?19 It is stated here, for thou art a holy people [...thou shalt not seethe a kid in its mother's milk],20 and it is stated elsewhere, And ye shall be holy men unto me; [therefore ye shall not eat any flesh that is torn of beasts in the field; ye shall cast it to the dogs]:21 just as there it is forbidden,22 so here too it is forbidden. Again, I know it only of eating; how do I know it of [general] use? I will tell you: [it follows] a minori. If ‘orlah, though no sin was committed therewith,23 is forbidden for use, then meat and milk [seethed together], wherewith a sin was committed],is it not logical that they are forbidden for use? shall ye make yourselves unclean with them. This is a twofold injunction. and since it does not specify ‘that swarmeth upon the earth’, it applies to both water reptiles and land reptiles. Further v.II, referring to unclean fish, states: and they shall be a detestable thing unto you; ye shall not eat of their flesh. This is a third injunction against water reptiles. And finally. in Deut. XIV, 10, there is a fourth injunction: and whatsoever hath not fins and scales ye shall not eat. The ant is a land reptile (‘swarming thing’); hence the two injunctions of Lev. XI, 43 apply to it. There are also the following three: (i) Lev. XI, 41: And every swarming thing that swarmeth upon the earth ... shall not be eaten; (ii) ibid. 42: even all swarming things that swarm upon the earth them ye shall not eat, for they are a detestable thing: And (iii) ibid. 44: neither shall ye defile yourselves with any manner of swarming thing that moveth upon the earth. The hornet is a ‘winged swarming thing’ and also moves upon the earth. Hence it is subject to these five injunctions and also to that of Deut. XIV, 19: And all winged swarming things are unclean unto you: they shall not be eaten. Thus eating one forbidden thing can involve more than one penalty. and the same may apply here. The verse accordingly is read thus: and the flesh that toucheth any unclean thing shall not be eaten... and the flesh, viz., the emurim. _ Since the emurim must be offered on the altar, the priest is a zar (stranger’) in relation thereto, and transgresses on that account also. offence, as proved by the greater penalty attaching to it. of seething any meat and milk together. The question here is how do we know that if seethed together they are forbidden to be eaten.