Halakhah for Makkot 3:3

הָאוֹכֵל בִּכּוּרִים עַד שֶׁלֹּא קָרָא עֲלֵיהֶן, קָדְשֵׁי קָדָשִׁים חוּץ לַקְּלָעִים, קָדָשִׁים קַלִּים וּמַעֲשֵׂר שֵׁנִי חוּץ לַחוֹמָה, הַשּׁוֹבֵר אֶת הַעֶצֶם בַּפֶּסַח הַטָּהוֹר, הֲרֵי זֶה לוֹקֶה אַרְבָּעִים. אֲבָל הַמּוֹתִיר בַּטָּהוֹר וְהַשּׁוֹבֵר בַּטָּמֵא, אֵינוֹ לוֹקֶה אַרְבָּעִים:

("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)].

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