*5.4-Makkos Daf 04 B (15 lines Dn)*

*5.4-Makkos Daf 04 B (15 lines Dn)**Summary**Rabbi Yehuda’s opinion* is that there *is _malkos_* for a *_lav she’ein bo maaseh._**What’s the source?**Ulla: Rabbi Yehuda* follows the precedent of *_Motzi shem ra._* One who falsely alleges that his wife was unfaithful gets *_malkos_* even though he committed *no act* (he transgressed by speaking alone); we therefore learn that one can get _malkos_ for any *_lav she’ein bo maaseh._**Challenge:* _Motzi shem ra_ is an *exceptional case* where _k’dei rish’asoi_ is overruled and he *receives two punishments* (5.3)! It cannot be used as precedent?*Reish Lakish: Rabbi Yehuda* follows the precedent of *_Hazamah_* . *Eidim Zoimemim* get *_malkos_* even though they committed *no act* (they transgressed by speaking alone); we therefore learn that one can get _malkos_ for any *_lav she’ein bo maaseh._**Challenge:* _Hazamah_ is an *exceptional case* where *_hasra’ah_* (warning as a prerequisite to punishment by _beis din_ ) *is not necessary!* It cannot be used as precedent?*Resolution:* _Motzi shem ra_ and _Hazamah_ are both exceptional cases, but their exceptionality cannot be what causes _malkos_ for a _lav she’ein bo maaseh_ because they are different exceptions.*_Hatzad Hashaveh_* (the common denominator) is that they are both _lav she’ein bo maaseh_ and they receive _malkos_ , we can thus learn that *any _lav she’ein bo_ maaseh is punished by _malkos._* 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