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Makkos 3:2-3

Makkos 3:2

Further offenses for which one is lashed: If a ritually unclean person ate sanctified things, or if someone entered the Temple while ritually unclean, or if a person ate fat, blood, leftover offerings (nosar), or sacrifices offered with improper intentions (piggul), or a sacrifice that was rendered unclean, or if a person slaughtered or offered a sacrifice outside the Temple, or if one ate chometz on Passover, or if someone ate or performed acts of labor on Yom Kippur, or if someone replicates the recipe of the Temple oil, or of the incense, or if someone anointed using the Temple oil, or if someone ate carrion or torn flesh (neveilos and treifos, respectively), or repulsive or creeping things, or if one ate untithed produce (tevel) or first tithe from which terumah (the portion for the kohein) has not been taken, or second tithe or sanctified produce that has not been redeemed. Rabbi Shimon says that a person is liable for eating even the smallest amount of tevel but the Sages say one is not liable until he eats the volume of an olive. Rabbi Shimon asked them, “Don’t you agree with me that one is liable for eating an ant, no matter how small it is?” They replied, “Yes, but that’s because it’s the way it was created.” Rabbi Shimon answered, “So, too, a single grain of wheat is the way it was created.” (Nevertheless, the halacha follows the opinion of the Sages.)

Makkos 3:3

If a person ate first fruits before reciting the confession over them, or if one ate “most holy” things (kodshei kodashim) outside the Temple enclosure, or things of lesser sanctity (kodshim kalim) or second tithe outside Jerusalem, or if one broke the bone of a ritually-clean Passover sacrifice, he receives 40 lashes. If one left over from a clean Passover offering or broke the bone of an unclean one, he is not lashed.

Author: Rabbi Jack Abramowitz