*25.3 Makkos Daf 16 B (9 lines Dn)*

*25.3 Makkos Daf 16 B (9 lines Dn)*Rabbi Yochanan: Shiluach Hakan is one of only two _lav hanitak l’esehs_ that have the possibility of carrying a malkos penalty.Rabbi Elazar, the other one is Oneis.Challenge: Are there no more than two _lav hanitak l’esehs_ that have the possibility of carrying a _malkos_ penalty? What about Pei’ah? If it was already turned into flour, the opportunity to separate _pei’ah_ is ruined. One would be liable for _malkos_ even if we hold _bitlo v’lo bitlo._*Summary**Resolution: Rabbi Yochanan excludes Pei’ah in accordance with the opinion of Rabbi Yishmael* who says that _pei’ah_ can even be set aside once it was turned into dough.*Challenge: What if he consumed the dough?* Even Rabbi Yishmael would agree that he ruined any opportunity to fulfill the _eseh_ in such a case.*Resolution:* The second case of Rabbi Yochanan (24.5) was *indeed Pei’ah.*Rabbi Elazar’s opinion (24.6) that _oneis_ is the second case, was based on the statement of Ameimar (25.1) that a _neder_ contingent on the public’s opinion cannot be revoked. However *this rule does not apply to a case of a _mitzvah._* _(See 25.1; it is impossible to revoke it because it would require the public’s consent. However in the case of a mitzvah we can assume the public would consent)._ Since there is an eseh for the oneis to take her as a wife, he cannot swear her off effectively.There was a mikra teacher who was too rough with the boys. *Rav Acha forced him to take a _neder al daas rabim_* that he will never teach boys again. *Ravina reinstated him* because they could not find another teacher who was so precise. [Since it was a _mitzvah_ to have him teaching the boys, Ravina overruled the _neder al daas rabim]. (We also see that it’s a mitzvah to teach chumash with precision; Yoav ben Tzeruyah was taught “zachar Amalek” instead of “zecher Amalek” and it led to a great error in practice)._ See acast.com/privacy for privacy and opt-out information. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate