*5.3-Makkos Daf 04 B (Top line)*

*5.3-Makkos Daf 04 B (Top line)**Summary**Gemara:**Question:* We understand the rulings of *the _Chachomim_* . The Torah states _*“K’dei rish’asoi”*_ (He shall be punished according to his wickedness), we understand that to mean that one can only be punished for one wickedness. But what is the basis for the ruling of *Rabbi Meir* that allows for multiple punishments?*Ulla:* Rabbi Meir follows the precedent of *_Motzi shem ra_* . One who falsely alleges that his wife was unfaithful gets *_malkos_ and must also pay;* here too, one can get _malkos_ and still be required to pay.*Challenge:* _Motzi shem ra_ is an exceptional case of *_knas_* (a punitive payment rather than a restitutionary payment)! It cannot be used as precedent?*Resolution: Rabbi Meir* follows the opinion of *Rabbi Akiva* (3.1) that *_hazamah_ is a _knas._**Ikka D’masni* (a different version of *Ulla’s discussion* ):*Beraisa:**Rabbi Yehuda:* The _possuk_ states: “ *Do not* leave over from it (the _korban_ ) until morning; anything leftover ( *_nosar_* ) by morning *should be* burned”.The _possuk_ give a positive commandment ( _Eseh_ ) after a negative commandment ( _Lo seseh - Lav_ ) to teach that _*there is no malkos.*_ (This is called a _*lav hanitak l’eseh;*_ a _lav_ that gets moved over, and becomes an _eseh_ . By means of the added _eseh_ , the Torah is telling us how to remedy transgression of the _lav_ ).*Rabbi Akiva:* There is no _malkos_ for nosar because it’s a *_lav she’ein bo maaseh_* (it is transgressed passively).Apparently then, *Rabbi Yehuda’s opinion* is that there *is _malkos_* for a *_lav she’ein bo maaseh._* 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