("And these are the ones who receive stripes:") one (a Cohein) who eats bikkurim (first-fruits) before the invocation has been recited over them [viz. (Deuteronomy 26:5): "An Aramean would destroy my father, etc." But after the invocation, he does not receive stripes if he eats of them because they are (then) the property of the Cohein. These are the words of R. Akiva. But the sages hold that "placing" (in the azarah) is a prerequisite for the eating of bikkurim, but not the invocation; so that if he eats them after they have been placed in the azarah, even if the invocation has not yet been recited, he does not receive stripes. And the halachah is in accordance with the sages. The exhortation is from (Deuteronomy 12:17): "You shall not be able to eat in your gates the tithes of your corn … and the offering of your hands," concerning which the master said: "and the offering (terumah) of your hands" — this is bikkurim. For, if terumah per se, that does not require "bringing to the place (Jerusalem)." And for eating bikkurim, too, he does not receive stripes unless he ate them after they "saw the face of Jerusalem," before being placed in the azarah. But if he ate them outside Jerusalem, he does not receive stripes.], (and one who eats) holy of holies outside the (Temple) partitions, or lower-order offerings and second-tithe outside the wall. [The exhortation for all of these is from: "You shall not be able to eat in your gates … and all of your vows that you vow." For every eating outside its assigned place is called "eating in the gates." ("second-tithe":) Above, we learned of unclean, unredeemed second-tithe, as we explained, and here we learn of clean second-tithe which was eaten outside the wall. And it is only if he ate it outside the wall after "it saw the face of Jerusalem" that he receives stripes; but if one eats second-tithe outside Jerusalem, he does not receive stripes, it being written (Ibid. 18): "Before the L rd your G d shall you eat it," and afterwards (i.e., only after this applies, is there stripes violation of) "You shall not be able to eat it in your gates."] If one breaks a bone of a clean Pesach offering, he receives forty stripes, but if he leaves over of a clean one or breaks a bone of an unclean one, he does not receive stripes. [("if he leaves over":) it being written (Exodus 12:10): "And do not leave over anything of it until morning; and what is left over of it until morning, in fire shall you burn it." Scripture states a positive commandment after a negative one by way of saying: If you have transgressed the negative commandment, fulfill the positive one and you will not receive stripes. Also, "And do not leave over" is a negative commandment not involving an act, for which there is no stripes liability. ("or breaks a bone of an unclean one, etc.":) it being written: (Ibid. 46): "And a bone shall you not break in it" — in one that is kasher, and not in one that is pasul (unfit)].
Bartenura on Mishnah Makkot
עד שלא קרא עליהם – “My father was a wandering Aramean, etc.” (Deuteronomy 26:5). But after he recited [the formula/declaration – Deuteronomy 26:5-10] he is not flogged if he eats of it, because it is the money of the Kohen. And these are the words of Rabbi Akiva. But the Sages state: First Fruits, laying them down is indispensable for them, the recitation [of the declaration/formula] is not indispensable. As one who consumes them (i.e., First Fruit) after laying them down in the Temple courtyard, even though he had not yet recited [the formula/declaration], is not flogged. And the Halakha is according to the Sages. And their explicit prohibition is from as it is written (Deuteronomy 12:17): “You may not partake in your settlements of the tithes of your new grain [or wine or oil, or of the firstlings of your herds and flocks….] or of your contributions.” And the Master said: “your contributions” – these are the First Fruits, for the Priest’s Due/Terumah does not require being brought into the Place (i.e., the Temple). And regarding First Fruits also, one is not flogged on them other than if one ate them after they saw the “face” of Jerusalem before they are placed down in the Temple court, but if he ate them outside of Jerusalem prior to their being entered into Jerusalem, one is not flogged.
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English Explanation of Mishnah Makkot
Introduction
Mishnah continues to discuss which transgressions are punishable by flogging.
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Bartenura on Mishnah Makkot
קדשי קדשים חוץ לקלעים קדשים קלים חוץ לחומה – All of these, their explicit prohibition is from (Deuteronomy 12:17): “You may not partake in your settlements, ….or of any of the votive offerings that you vow…,” for all consumption outside of the fixed place for it is called “eating in your settlements.”
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English Explanation of Mishnah Makkot
One who eats of first fruits previous to the recital over them (Deut. 26:3-10); First fruits were to be brought to Jerusalem and given as a gift to the priests. The bearer of the first fruits was supposed to recite a liturgical text contained in Deuteronomy 26:3-10, which contained a brief history of Israel (the text is now part of the Passover Haggadah). A priest who ate of the first fruits before the recitation was made was punished by flogging.
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Bartenura on Mishnah Makkot
ומעשר שני – it is taught [in the Mishnah] above (Mishnah 2), that impure Second Tithe that was not redeemed, as we have explained. And here, the Mishnah teaches that Second Tithe that is consumed outside the wall [of Jerusalem]. And specifically, that they ate outside the wall after it saw the “face” of Jerusalem is when he is flogged. But the individual who eats Second Tithe outside of Jerusalem before it enters into Jerusalem is not flogged, as it is written (Deuteronomy 12:18): “These you must consume before the LORD our God…” and afterwards (verse 17): “You may not partake in your settlements.”
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English Explanation of Mishnah Makkot
Of most holy things outside of the Temple curtains (Exodus 27:9); Certain sacrifices were only to be eaten within the curtains of the Temple. These included sin offerings and guilt offerings. One who ate them outside of this area was punished by flogging.
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Bartenura on Mishnah Makkot
המותיר – is not flogged, as it is written (Exodus 12:10): “You shall not leave any of it until morning; if any of it is left until morning, you shall burn it.” The verse comes to bring a positive command after a negative command, to state that if you transgressed the negative commandment, you have fulfilled the positive commandment connected with it, and you are not flogged. And furthermore, “you shall not leave any of it” is a negative commandment which lacks a positive commandment [associated with it], and every negative commandment that lacks with it a positive commandment, one is not flogged [for its violation].
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English Explanation of Mishnah Makkot
Of lesser holy things or of second tithe, outside the city wall (Deut. 12:17-18). Other sacrifices could be consumed anywhere within the walls of Jerusalem. These included thanksgiving offerings, offerings of wellbeing and the Passover offering. The second tithe was to be brought to Jerusalem and consumed there. One who ate any of these things outside of the walls was punished by flogging.
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Bartenura on Mishnah Makkot
השובר – a bone of an impure Passover offering is not flogged, as the All-Merciful (i.e., God) states (Exodus 12:46): “…nor shall you break a bone of it,” with a kosher/fit [sacrifice], not an invalid one.
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English Explanation of Mishnah Makkot
One who breaks a bone of a ritually clean Passover offering receives forty [lashes] (Exodus 12:46); But one who leaves over a clean [Passover offering] (Exodus 12:10), or breaks a bone of an unclean [Passover offering], is not given forty [lashes]. The Torah forbids breaking a bone of the Passover sacrifice. The mishnah limits this law to a Passover sacrifice brought by a ritually clean person. Usually unclean people could not bring the Passover sacrifice and they were to wait a month and celebrate what is called Pesach Sheni, or The Second Passover (see Numbers 9:4-13). However, if most of the congregation was impure at the time of the first Passover (the 14th of Nissan) they were allowed to sacrifice the Passover offering while impure. Our mishnah teaches that one who breaks a bone of a Passover offering brought while the congregation is impure is not liable to be lashed. The Torah also states that the Passover offering must be consumed that very night. One who does not consume the Passover offering, while having violated a commandment, is nevertheless not flogged. We will learn why in the next mishnah.
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English Explanation of Mishnah Makkot
Questions for Further Thought: • Why do you think a person who breaks the bone of an impure Passover offering is not to liable for flogging?
