Makkos Daf 14 מאקוס דַף 14

On the previous Daf, Rebbe Yitzchak said one does not receive malkus for aveiros with a kares penalty, which he darshens from the superfluous כרת written by a sister. The Gemara ultimately explains what the Rabbonon hold it teaches: לחייבו על אחותו שהיא אחות אביו שהיא אחות אמו – to obligate him [in separate three korbanos] for relations with his sister who is also his father’s sister, and also his mother’s sister. This is possible in the case of רשיעא בר רשיעא – a wicked person, son of a wicked person: a man sinned with his mother, who gave birth to two daughters. He then sinned with one of the daughters, who bore him a son. This son later had relations with the other daughter, who is mother’s sister, his father’s sister (sharing a mother), and his own sister (sharing a father). According to Rebbe Yitzchak, the Gemara suggests deriving this case from a kal vachomer from one who has relations with five separate women who are niddahs, who is liable to five korbanos. It objects that that case is גופין מוחלקין – separate items (people), but this case is three aveiros contained in one person. Therefore, the Gemara says he derives it from the superfluous word "אחותו" at the end of the passuk.

The Mishnah on the previous Daf taught that a tamei person who ate kodashim foods receives malkus. Amoraim disagree on the source of the אזהרה – warning in the Torah. Reish Lakish says it is from "בכל קדש לא תגע" – she shall not touch any sacred food (while she is tamei), which refers to eating. Rebbe Yochanan derives it from a gezeirah shavah (טומאתו טומאתו) from a טמא who entered the Mikdash.

The Gemara asks that Reish Lakish uses this passuk for a different prohibition: טמא שנגע בקדש – if a tamei person touched kodashim foods, Reish Lakish says he receives malkus, based on the passuk "בכל קדש לא תגע" – he shall not “touch” any sacred food!? [Rebbe Yochanan said he does not receive malkus, because he interprets the "קדש" of this passuk to mean terumah.] The Gemara explains how Reish Lakish derived both prohibitions from one passuk: the prohibition against touching kodashim food is derived, מדאפקיה רחמנא בלשון נגיעה – from the Torah expressing [this prohibition] in terms of touching (and not eating). The prohibition against eating kodashim is derived from a hekesh to a טמא entering the Mikdash, whose penalty is kares, indicating this passuk also includes eating kodashim, which incurs kares.

The Gemara asks that Reish Lakish derives a novel prohibition from this passuk: טמא שאכל בשר קדש לפני זריקת דמים – if a tamei person ate kodashim meat before the throwing of the [korban’s] blood on the מזבח, Reish Lakish says he receives malkus, because "בכל קדש לא תגע" prohibits a טמא from eating kodashim, whether before or after זריקה. Rebbe Yochanan says he does not receive malkus, because he derived the אזהרה for eating kodashim from a gezeirah shavah from the word "טומאתו", and the passuk of "טומאתו" is discussing kodashim which may be eaten by a טהור (i.e., after זריקה). The Gemara asks, since Reish Lakish uses this passuk to teach the prohibition of eating kodashim meat (when it is permitted, after זריקה), how can he also derive a prohibition to eat it before זריקה? It answers that Reish Lakish derives this additional case from the phrase "בכל קדש" – any sacred food. A Baraisa supports Reish Lakish’s contention that this passuk refers to eating and touching kodashim.