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Text Excerpt
שפתיו נהוי מעשה גבי מגדף? אמר רבא: שאני מגדף, הואיל וישנו בלב, אבל בעלמא עקימת שפתיו הוי מעשה.
his lips should be considered an action in the case of one who blasphemes. Rava said: The case of one who blasphemes is different, since it is primarily in the heart. In other words, the transgression of blasphemy is not the actual speech but the verbalizing of a sentiment. One is not liable to bring a sin offering for such an action, as it is essentially a matter of the heart. But in general, the twisting of one’s lips is considered an action.
מתיב רבי זירא: יצאו עדים זוממין שאין בו מעשה, ואמאי? הא ״על פי״ כתיב בהן! אמר רבא: שאני עדים זוממין, הואיל וישנן בראייה.
R' Zeira raises an objection from that which is taught in a different context. It is stated in a baraita that all who unwittingly transgress prohibitions punishable by death are liable to bring sin offerings, except for conspiring witnesses, who are not obligated to bring sin offerings, as their transgression does not involve an action. But why is that so? It is written with regard to such witnesses: “At the mouth of two witnesses” (Deuteronomy 17:6). They acted through speech, and the twisting of their lips should be considered an action, as they are liable for what they actually said, not for what was in their hearts. Rava said: The case of conspiring witnesses is different, since their transgression is primarily through sight, i.e., the important part of their testimony is what they saw, which is not an action.
האוכל חלב. תנו רבנן: ״כל חלב שור וכשב ועז לא תאכלו״ – לחייב על כל אחת ואחת, דברי רבי ישמעאל. וחכמים אומרים: אינו חייב אלא אחת.
§ The Mishnah included in its list of those liable to receive karet one who eats forbidden fat. With regard to this, A baraita states a baraita which deals with the verse: “You should eat no fat of ox, or sheep, or goat” (Leviticus 7:23). This verse serves to render one liable to receive lashes for each and every one, i.e., one who eats the fat of an ox, and a sheep, and a goat is liable to receive 3 sets of lashes. This is the statement of R' Yishmael. And the Rabbis say he is liable to receive only one set of lashes.