Zevachim 114B

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Text Excerpt

מילקי נמי לילקי! אלמה אמר רבי זירא: הכתוב נתקו לעשה?

should also receive lashes for sacrificing it, just as one would for violating other Torah prohibitions. Why did R' Zeira say elsewhere that one who slaughters, inside the Temple courtyard, an offering whose time has not yet arrived does not receive lashes for having violated the prohibition of: “It should not be accepted” (Leviticus 22:23), which is the general prohibition against sacrificing animals that are not fit to be sacrificed. R' Zeira explains that he does not receive lashes because the verse has transmuted the negative precept into a prohibition that is stated as a positive mitzva, in the verse: “But from the 8th day forward it may be accepted” (Leviticus 22:27). There is no punishment of lashes for violating such a prohibition. R' Yirmeya is asking that one should still receive lashes for having violated the prohibition of: “You should not do.”

הני מילי לרבנן, לרבי שמעון הכי נמי.

The Talmud responds: That statement of R' Zeira applies only according to the opinion of the Rabbis, who disagree with R' Shimon in the Mishnah and hold that the verse that states: “You should not do,” does not indicate that one who slaughters an animal whose time has not yet arrived is in violation of a prohibition. But according to the opinion of R' Shimon, one would indeed receive lashes for slaughtering an animal whose time has not yet arrived inside the Temple.

רב נחמן בר יצחק אמר: פנים דגלגל לגבי שילה ⁠– כחוץ דמי.

Rav Naḥman bar Yitzḥak said: R' Zeira’s statement is even in accordance with the opinion of R' Shimon, who also holds that one would not receive lashes for slaughtering inside the Temple courtyard an offering whose time has not yet arrived. A prohibition cannot be derived from the prohibition stated with regard to the Tabernacle in Gilgal, since inside the Tabernacle in Gilgal, in relation to the Tabernacle in Shiloh, is considered like outside, and the prohibition: “You should not do,” pertains only to sacrificing an offering whose time has not yet arrived outside the Temple courtyard.

Text data via Sefaria: William Davidson Edition - English and William Davidson Edition - Vocalized Aramaic, CC-BY-NC; edition provenance: Koren. Display terminology has been modernized for readability.