[are]

<<included in

<<the forty lashes —

<<the words of

<<Rabbi Yishmael.

Rabbi Akiva

<<says:

<<those liable to kares

<<(is) [are]

<<included in

<<the forty lashes,

<<for if

<<they did

<<repentance,

<<the court

<<on high

<<forgives

<<them;

<<those liable to court-imposed death

<<are not

<<included in

<<the forty lashes,

<<for if

<<they did

<<repentance,

<<does not

<<the court

<<below

<<forgive

<<them.

Rabbi Yitzchak

<<says:

<<those liable to kares

<<in the general rule

<<were [included];

<<and why

<<was singled out

<<kares

<<with his sister?

<<To judge him

<<with kares

<<and not

<<with lashes.

What is the reason

<<of Rabbi Yishmael?

<<As it is written:

<<‘if

<<not

<<you observe

<<to do

<<all

<<the words of

<<Torah

<<this,’

<<and it is written:

<<‘and will make extraordinary

<<Hashem

<<your blows.’

<<An extraordinariness

<<this —

<<I do not

<<know

<<what

<<it is.

<<When

<<it says:

<<‘and shall lay him down

<<the judge

<<and strike him

<<before him,’

<<hence

<<say:

<<extraordinariness

<<this

<<lashes

<<is.

<<And it is written:

<<‘if

<<not

<<you observe

<<to do

<<all

<<and so on.’

If so,

<<those liable for a positive commandment

<<too!

<<‘If

<<not

<<you observe’

<<is written,

<<and as Rabbi Avin

<<Rabbi Il'ai said,

<<for Rabbi Avin said in the name of Rabbi Il'ai:

<<everywhere

<<that is said

<<‘guard yourself,’

<<‘lest,’

<<or ‘do not’ —

<<it is nothing but

<<a prohibition.

If so,

<<a prohibition

<<that has no

<<in it

<<action

<<too!

<<‘To do’

<<is written.

A prohibition

<<that is converted

<<into a positive commandment

<<too!

<<Like

<<the prohibition

<<of muzzling.

Now

<<that you have come

<<to this,

<<all of them

<<too

<<are like

<<the prohibition

<<of muzzling.

And Rabbi Akiva —

<<what is the reason?

<<‘according to

<<his wickedness’ —

<<on account of

<<wickedness

<<one

<<you

<<make him liable,

<<and not

<<do you

<<make him liable

<<on account of

<<two

<<wickednesses.

And Rabbi Yishmael:

<<these things apply to

<<death

<<and money,

<<or

<<lashes

<<and money;

<<but

<<death

<<and lashes —

<<death

<<prolonged

<<it is.

And according to Rabbi Akiva,

<<if so,

<<those liable to kares

<<too!

<<What

<<do you say —

<<that if

<<they did

<<repentance?

<<Now

<<at any rate

<<not

<<have they done [it]!

Rabbi Abbahu said:

<<explicitly

<<included

<<the Torah

<<those liable to kares

<<for lashes,

<<for it derives

<<‘before the eyes of’

<<from ‘before your eyes.’

<<Objected to it

<<Rabbi Abba bar Memel:

<<if so,

<<those liable to court-imposed death

<<too —

<<let it derive

<<‘from the eyes of’

<<from ‘before your eyes’!

We derive

<<‘before the eyes of’

<<from ‘before your eyes,’

<<but we do not

<<derive

<<‘from the eyes of’

<<from ‘before your eyes.’

And what difference does it make?

<<But

<<taught

<<the school of Rabbi Yishmael:

<<‘and shall return

<<the priest’;

<<‘and shall come

<<the priest’ —

<<this

<<is

<<returning

<<and this

<<is

<<coming!

And further:

<<let it derive

<<‘from the eyes of’

<<from ‘before the eyes of,’

<<for indeed

<<it derives

<<‘before the eyes of’

<<from ‘before your eyes’!

Accepted it

<<from him

<<Rabbi Shmuel bar Rav Yitzchak:

<<‘according to

<<his wickedness’ —

<<on account of

<<wickedness

<<one

<<you

<<make him liable,

<<and not

<<do you

<<make him liable

<<on account of

<<two

<<wickednesses —

<<of wickedness

<<that is handed over

<<to the court

<<the verse

<<speaks.

Rava

<<said:

<<[if] they forewarned

<<him

<<for death,

<<everyone

<<does not

<<disagree

<<that he is not

<<flogged

<<and executed.

<<Where

<<they disagree

<<is where they forewarned

<<him

<<for lashes:

<<Rabbi Yishmael

<<holds:

<<a prohibition

<<that was given

<<as the warning for

<<a court-imposed death —

<<they flog

<<for it;

<<and Rabbi Akiva

<<holds:

<<a prohibition

<<that was given

<<as the warning for

<<a court-imposed death —

<<they do not

<<flog

<<for it.

And Rabbi Akiva —

<<if so,

<<those liable to kares

<<too:

<<a prohibition

<<that was given

<<as the warning for

<<kares

<<it is!

<<Said

<<to him

<<Rav Mordechai

<<to Rav Ashi:

<<thus

<<Avimi said

<<of Hagronya

<<in the name of

<<Rava:

<<those liable to kares

<<do not

<<need

<<a [Torah] warning,

<<for indeed

<<[for] Pesach

<<and circumcision

<<He punished

<<even though

<<He did not

<<warn.

But perhaps

<<a warning is needed

<<for an offering,

<<for indeed

<<[for] Pesach

<<and circumcision,

<<which have no

<<in them

<<warning,

<<not

<<does one bring

<<an offering!

There,

<<not

<<is that the reason;

<<rather

<<because

<<is juxtaposed

<<the entire

<<Torah,

<<all of it,

<<to idolatry:

<<just as

<<idolatry

<<is ‘sit and do not act,’

<<so too

<<anything

<<‘sit and do not act’ —

<<to exclude

<<these,

<<which are ‘arise and act.’

Ravina

<<said:

<<actually,