חדש באתר: NotebookLM עם כל תכני הרב מיכאל אברהם

Yoma, Chapter 8, Lesson 5

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This is an English translation (via GPT-5.4). Read the original Hebrew version.

This transcript was produced automatically using artificial intelligence. There may be inaccuracies in the transcribed content and in speaker identification.

🔗 Link to the original lecture

🔗 Link to the transcript on Sofer.AI

Table of Contents

  • [0:03] Differences between positive commandments and prohibitions
  • [1:04] A warning derived through interpretation according to the Sifra
  • [2:47] The Sifra and karet only for positive commandments
  • [5:46] The greater severity of labor versus affliction
  • [11:46] The Sefer HaChinukh on the need for a warning
  • [13:58] The story of Rav Chaim Shmuelevitz
  • [27:56] The difference between Yom Kippur and Sabbaths
  • [29:26] The example of tzitzit and mezuzah
  • [31:34] The proof from Maimonides about Yom Kippur rest
  • [33:40] Yom Kippur as a unique set of laws
  • [36:29] The discussion in Yoma 81a about double sin-offerings
  • [41:57] Reish Lakish and the difficulty of formulating the prohibition
  • [44:28] Tradition and Jewish law without an explicit written source
  • [1:30:48] Differences between “kashya” and “teyuvta” in the Talmud
  • [??:??] The connection between juxtaposition and verbal analogy (NONE)

Full Transcript

[Rabbi Michael Abraham] So up to now we’ve been talking about the meaning of the commandments on Yom Kippur, the positive commandments and the prohibitions. We got to the stage of distinguishing between a positive commandment and a prohibition, and all the different kinds of positive commandments that we find in Jewish law, because that raises the question: what is the nature of the positive commandment on Yom Kippur, both regarding affliction and regarding labor? In the end, at the end of the previous lecture, I talked about Maimonides, who counts a prohibition regarding affliction. I said that the problem is that the commandments that really do not appear in the Torah are the prohibition regarding affliction and the positive commandment regarding labor. The prohibition regarding affliction Maimonides counts as commandment 196, we read it last time, and it seems that it is a positive prohibition—sorry, that it is a prohibition, yes, the positive commandment is positive, we discussed that independently. And he brings the Sifra, and I explained there that according to Maimonides, a warning derived through interpretation is called a warning derived from legal reasoning, as distinct from the accepted view that this is said only about an a fortiori argument. For Maimonides it applies to all the hermeneutical methods, but Maimonides explicitly writes that in a place where the punishment is written in the Torah, then even if the warning comes out of interpretation, that’s fine, meaning it is sufficient. And then he brings a source for this from the Sifra.

[Speaker B] Besides, it’s not always interpretation; there’s never a clear warning.

[Rabbi Michael Abraham] “You shall not plow with an ox and a donkey together” is not a clear warning? What do you mean? What?

[Speaker B] That’s a prohibition.

[Rabbi Michael Abraham] A warning is a prohibition. What is a warning?

[Speaker B] You also need both a prohibition and a warning? Two different things. The prohibition is the warning.

[Rabbi Michael Abraham] What do you mean, both a prohibition and a warning? The prohibition is the warning, as distinct from the punishment. The prohibition is the verse that forbids the matter, and there is a verse that tells you the punishment for the matter. What we call a warning is the prohibition, the verse that forbids it, like—

[Speaker C] “Do any labor,” yes.

[Rabbi Michael Abraham] So in the Sifra, Maimonides brings here an exposition from the Sifra, and I just want to sharpen a few points that on Sunday I didn’t manage to touch on in this exposition itself. And the wording of the Sifra is: “For every person who is not afflicted shall be cut off”—this is the punishment for affliction. Yes, there is a punishment for one who does not afflict himself. But the warning for affliction on the day itself we have not heard. From where do we know the warning? By the way, there is of course a positive commandment, right? “You shall afflict your souls”—there certainly is a positive commandment. The positive commandment is not as punishment; the positive commandment is the command itself to afflict oneself. But the Sifra assumes—and we already discussed this—that in Jewish law karet applies only to positive commandments, only in the cases of Passover and circumcision. That implies that the karet concerning affliction stated on Yom Kippur has to be for a prohibition, except that in the verses there is no prohibition, only a positive commandment. And therefore the Sifra wonders where the warning actually comes from. How do we know? The obvious conclusion would have been: fine, then apparently on Yom Kippur too the karet is for a positive commandment and not for a prohibition. After all, we found only Passover and circumcision—why shouldn’t Yom Kippur be the same? Apparently they had some tradition—and we’ll see this later too—that there is a prohibition on Yom Kippur. And the whole question is: okay, but what is the source? Where does it come from? But it was clear to them in advance that there is a prohibition. Otherwise this really is not the obvious conclusion. There are cases of karet for—whether this is lashes, whether it is death, let’s say. But karet, we do find attached to positive commandments.

[Speaker C] A midrash supporting an existing Jewish law, as they call it?

[Rabbi Michael Abraham] Yes, a supporting midrash, something like that, yes exactly. So therefore it seems—and we’ll also see this later—that somehow the conclusions here were already known, and we’re just looking ad hoc for a source. So where do we learn it from? The Sifra says as follows: when it states the punishment for labor, we learn it from what is said in the Torah, the punishment for labor, “anyone who does labor in it shall be cut off,” right. Why? How is this learned? Remember, I’m reminding you, we’re looking for the warning regarding affliction. There is a punishment for affliction; we are looking for the warning regarding affliction. From where do we learn it? From the punishment for labor. As far away as possible. Why? Because “there is no need for the verse to say it,” it need not have said that, since it already follows by an a fortiori argument: if affliction, which does not apply on festivals and Sabbaths, is punishable, then labor, which does apply on festivals—does it not follow that it should be punishable? If so, why is the punishment for labor stated? To derive from it the warning for affliction. Just as punishment for labor comes after a warning, so too punishment for affliction comes after a warning. Here what we said has been clarified. Is there a rule that punishment is not derived from an a fortiori argument? Of course. And there is no such rule? There is a way to answer when we don’t find the other Jewish law that the exposition is coming to teach. Because here it can be answered, so you don’t have to get there. When do we say this? In a place where we have the question: why did you write this, if there is logic for it? Then we say: if it really comes by an a fortiori argument, let the verse come and write it anyway. But if we have an explanation for why it is written, such as “if it is not needed for one matter,” which is the story here, then fine, then we don’t have to get there. You’re right that even if we did not find here another law that could be derived from it, that would not be terrible, because we would say: if it really comes by an a fortiori argument. So the Sifra is basically learning this—the Sifrei, basically learns this—from the punishment regarding labor. Why? Labor is more severe than affliction. That is the first assumption. How do I know that? Because labor is stated regarding all Sabbaths and festivals, not only Yom Kippur. Affliction is only on Yom Kippur. So that means it is more severe. And if for affliction, the lighter matter, we found punishment, then labor, which is more severe, certainly is punishable. So why does it need to state punishment for labor? Why does the verse say, “and the person who does labor shall be cut off”? We must say that if it is not needed for the punishment of labor, because that we could have learned through an a fortiori argument, then we derive from it the warning for affliction.

[Speaker C] But what about “we do not derive punishments from legal reasoning”? What? Meaning, if the punishment for labor had not been written, we would have learned it by an a fortiori argument, but we do not derive punishments from legal reasoning.

[Rabbi Michael Abraham] If we had not—

[Speaker C] Punishment, warning—we would have learned it by an a fortiori argument, but—

[Rabbi Michael Abraham] But an a fortiori argument is not enough in order to punish. Good question. Meaning, if the punishment for labor had not been written, we would have learned it by an a fortiori argument from Yom Kippur. Good question, I don’t know. In a moment I’ll comment on that, because in the Talmud they phrase it a bit differently, and maybe it’s simply missing here and that’s what they mean. That’s a good point, I hadn’t thought of it.

[Speaker D] In any case, the affliction of Yom Kippur is not on other Sabbaths, and on other days, on Sabbaths, it is forbidden to fast.

[Rabbi Michael Abraham] Now, it is not a commandment to fast—what do you mean? “It is forbidden to fast” is part of the obligation of delight. There is no prohibition on fasting; there is an obligation to delight oneself. Someone who fasts on other festivals is not violating a prohibition; he is neglecting a positive commandment. Now, that’s not connected to our discussion; we’re talking about the prohibition. So there are a few remarks that need attention here. In these derivations, many times we pass over them quickly, but you can see from them various assumptions, sometimes hidden assumptions. First of all, there is a kind of logical problem here. They tell us: from where do we know that there is a warning regarding affliction? So what do we say? We say like this: there is a punishment for labor. The punishment for labor is redundant, because we could have learned it by an a fortiori argument. Right? So because of that, if it is not needed there, we say, then we make it into the warning for affliction. And in that same a fortiori argument—that labor is more severe than affliction, and if affliction has punishment, then labor certainly has punishment, because labor also applies on Sabbaths and festivals—that’s what the Sifrei says, the Sifra, yes. So there is some kind of problem here, because the punishment stated on Yom Kippur for affliction—if at base there is no warning—then the punishment is also not relevant. And after all, right now we are still before having a source that warns, right? About affliction. That is what we are searching for. We are looking for a source for affliction on Yom Kippur. Without such a source, without a warning, we do not punish unless we first warn. A punishment verse alone is not enough. Right? We saw that in the Sefer HaChinukh in the previous lecture, in Maimonides, and in various sources; that is clear. So now how can it be that we say that if the punishment for labor had not been written, we would have learned it by an a fortiori argument from the punishment for affliction? That’s not right. There is no punishment for affliction. There is a punishment verse for affliction, but as long as we have not found that there is also a warning, then the punishment verse itself is not enough. And after all, we are finding the warning from this very a fortiori argument. So somehow we are assuming that there is a warning regarding affliction, making an a fortiori argument to labor, and from that deriving punishment for labor, and then we ask: so why is there a verse about punishment for labor? If it is not needed there, make it into a warning for affliction—but the warning for affliction was the basis of the a fortiori argument. So how can it be extracted from that very a fortiori argument itself? Do you understand what I’m saying? I’ll phrase it a bit differently. It’s not exactly the same question, but it is the other side of the same coin. It basically comes out that from the punishment verse for affliction—right?—if it were not there, then there would also be no warning, so de facto it comes out that the punishment verse itself is actually teaching me both the warning and the punishment. Is that legitimate? Can that work, or don’t we need another source besides the punishment verse? The second formulation, I said, is not equivalent to the first; it’s not the same difficulty, it’s easier. But why is it easier? Because true, without the punishment verse we would not derive the warning, but it’s not that the punishment verse itself teaches me the warning. It provides the basis on which I build an a fortiori argument for the warning, so I made an exposition that uses that verse. No problem. And since Maimonides told us that when there is a warning learned from interpretation and besides that there is a punishment verse, that’s fine, that’s good enough. Therefore the second difficulty is less difficult. But the first difficulty—that doesn’t answer it. The first difficulty is that there is some unclear loop here. You assume there is a warning regarding affliction, because without it the punishment for affliction would not really be a punishment verse. But you cannot assume that when this very derivation itself is what teaches the warning regarding affliction. Why—are there cases where there is punishment and no warning and still no punishment is carried out? I’ll get to that in a moment. That’s exactly the point; we discussed it last time. So on the face of it, it seems there is something unreasonable here. Now, I noted this, if you remember, and that’s also why I noted it when we read the Sefer HaChinukh. Remember in commandment 69, when he speaks about cursing judges—“You shall not curse God,” “nor shall you curse a leader among your people.” So the Sefer HaChinukh says there: why does every place need a warning besides the punishment? He brings some exposition from which we learn a warning. Why do we need a warning besides punishment? So he says: because if only the punishment were written and not the warning, we would think that this is some kind of technical stipulation. To do it is not against God’s will, there is no prohibition here, but there is a punishment—meaning, whoever does it gets hit with this. If you want both to do it and to get hit, the Holy One, blessed be He, has no problem with you. Just know that it comes with the bill and the receipt attached. But do it, get hit, and everything is fine. And we talked about Jonah, remember? The Minchat Chinukh wants to explain this way why Jonah fled and was not concerned about the prohibition of suppressing his prophecy. The claim was that there there is punishment and no warning. So I asked about the Sefer HaChinukh. So that’s why the Sefer HaChinukh says: therefore there always has to be a warning, so that we understand this is not a stipulation. So now the point is this. What happens when I have a punishment verse and no warning? I haven’t found one. Seemingly, according to the Sefer HaChinukh, then maybe there will be some kind of stipulation, but it’s not punishment. Right? It will be a stipulation. But why—

[Speaker C] It is punishment, yes, but a special kind of punishment.

[Rabbi Michael Abraham] Yes, it is not a sanction for violating God’s will. You will get whatever is written in the verse; there is a verse, you can’t deny that there is a verse. But the meaning of the verse is not punishment in the usual sense; it’s some kind of give-and-take, in the language of the Sefer HaChinukh, right?

[Speaker B] Even in this verse there are no punishments, only warnings?

[Rabbi Michael Abraham] Right, and that’s what the Sefer HaChinukh is talking about. What do you mean? That’s exactly what the Sefer HaChinukh is talking about. He says that without the warning, the sanction you receive is not punishment. You’ll receive it because there is a verse, but punishment it is not; it’s some kind of transaction: you did this, you get this, and everything is fine. A practical difference would be that you would not need to repent for what you did, because you did not commit a transgression. There is simply a rule that if you do this, you get that, that’s all. That’s one practical difference, for example. Did you violate God’s will? No, I did not violate God’s will. That is what the Sefer HaChinukh says. If there is no warning, if only the punishment is written, then what does that mean? The Holy One, blessed be He, is not warning you not to do it. Do it, do what you want, just know that if you do it you’ll get this, because of metaphysics in creation, I don’t know what—it’s not a sanction for a transgression, that’s his claim. Okay? So there’s a Rav Chaim Shmuelevitz—in his talks, he brings there, he wants to argue that interpersonal sins work like this. He brings that Talmudic passage about Imma Shalom, I think, whose husband studied all year and came home only on Yom Kippur. And then one Yom Kippur eve he was late, and she was very distressed, and the Holy One, blessed be He, killed him as punishment. So he asks: so now He punished her doubly? What did she gain now? She was distressed, and because of that now she won’t see him at all anymore. So he says: this is not a consideration of punishment at all; it is a kind of automatic mechanism. Meaning, if you hurt another person, fire will come out of heaven and do something to you—I don’t know exactly what. It is not a punishment consideration that the Holy One, blessed be He, accepts locally according to the local logic; rather, it is some kind of mechanism. Something like this is basically what the Sefer HaChinukh wants to say here. Completely implausible, never mind, but as far as this is indeed what the Sefer HaChinukh wants to say. Here, in a place where there is punishment and no warning. Okay? Now according to that, I noted in the previous lecture: it is not clear why the Talmud asks in every place, as the Sefer HaChinukh brings, “We have heard the punishment; from where do we know the warning?” What’s the problem? We’ve heard the punishment; there is no warning, and therefore this is only a stipulation. When the Talmud asks such a thing, it assumes something else too. It not only assumes that for something to be called punishment there must be a warning, but it also assumes that there is no sanction that is merely a transaction and not punishment. Because if the Torah also had such an option, then what is the question, “We have heard the punishment; from where do we know the warning?” Here there is no warning because it is only a transactional punishment. What’s the problem? What is difficult?

[Speaker E] There was a tradition that punishment is given, and therefore I had to find the warning. I didn’t understand? There was a tradition that punishment is given, so therefore I had to find the warning.

[Rabbi Michael Abraham] In every place there was a tradition? Always, whenever they ask this, the assumption is that in every place they ask—it can’t be different somewhere else. That’s a simple assumption. If it’s a tradition, then the whole Sefer HaChinukh is unnecessary, then you don’t need it; then everything is tradition and that’s what they’re looking for, and no explanations are needed. It’s not like that. He establishes a rule here. He establishes a rule saying it is impossible that there should be punishment with no source that warns. Why is it impossible? If there is punishment and no source that warns, then what’s the problem? Then that punishment is only a stipulation and not real punishment. There is another assumption visible here in the Talmud—again, it is not written in the Sefer HaChinukh, but this is what follows from his words—there is some assumption saying that not only can the category of punishment not apply without a warning, but there is no such thing as punishment without warning. Meaning, even if we find punishment in the Torah and do not find a warning for it, there is no such creature. Not that then we would say it is punishment in the category of a transaction and not punishment in the criminal sense, yes, in the sense of a sanction for wrongdoing. Okay? But that is what I would have said. And if the Talmud asks, then the Talmud presumably assumes that such a thing is impossible, meaning whenever there is punishment there must be a warning verse.

[Speaker B] But according to this model you mentioned, that there could be punishment without warning, some metaphysical mechanism like that—then what is the warning needed for?

[Rabbi Michael Abraham] Exactly, that’s what I’m asking. Why did I ask last time? So now in light of that I asked about the Sefer HaChinukh: so what is the warning needed for? If there really is an assumption that there is no such category of punishment that is just a stipulation—as that was the tradition handed down to the Sages, I don’t know exactly from where, but that’s how they received it—fine, once you already have that, then it undercuts his first answer, so warning verses are unnecessary. In every place where punishment is written, we already know there is no punishment that is merely a stipulation; every punishment must be a sanction for violating God’s will. So the warning is once again redundant. So I said maybe the understanding was that perhaps otherwise it would only be a moral prohibition and not a halakhic prohibition, and in order for it to be a halakhic prohibition you need a warning. Possibly, I don’t know. Let’s apply this for a moment to the Sifra we just read. The Sifra we just read says as follows: there is no warning verse for affliction, but there is punishment. And the accepted view is that the punishment is for a prohibition, yes, for the sake of discussion, not for a positive commandment. That was the obvious starting point. But the punishment is for a prohibition, and we have no warning. The Sifra says: we can learn it from the punishment regarding labor. Why? Because the verse that gives punishment for labor is redundant; we could have learned it by an a fortiori argument from the punishment regarding affliction. Right? If the lighter matter, affliction, is punishable, then labor, the more severe matter that also applies on Sabbaths and festivals, is more severe, so it is punishable, right? So why do we need a punishment verse for labor? If it is not needed for punishment for labor, make it instead about a warning for affliction. Right? That is basically the move. So I asked: but the punishment verse for affliction does not really exist as punishment as long as we have not found a warning for affliction, because after all we do not punish unless we first warn. And after all there is no punishment that is merely a stipulation, right? If there were punishment that was merely a stipulation, I would solve the whole problem. If the Sefer HaChinukh alone, without the extension I made after him, were right, there would be no problem. Why? Because I would say this: there is punishment for affliction, no warning for now, I don’t know of any warning, but there is punishment for affliction, right? Punishment is a sanction. Right? Now from that I can learn by an a fortiori argument that there should be a sanction for labor. I don’t know if it’s punishment, but there will be a sanction for labor. Right? So why do I need a verse about punishment for labor?

[Speaker C] In order to say that it’s not just a sanction?

[Rabbi Michael Abraham] No, but there there is a warning about labor. The warning about labor together with a verse permitting a sanction already tells you it’s not just a sanction. It would be enough for me to have a situation with a punishment verse, no matter what its status is—even if it’s only a stipulation—and now there, after all, there is also a warning, right? So what’s the problem? That would be enough. And then if it is not needed there, give it to the warning regarding affliction. That would all work if we took the Sefer HaChinukh as is. Meaning, if the Sefer HaChinukh had really stopped with the point that there can be a punishment verse that is just a stipulation, that would be enough for our calculation. But after all, as I reasoned last time about the Sefer HaChinukh, I said no—but when you continue the discussion, the Sefer HaChinukh also asks why the Talmud always asks, “We have heard the punishment; from where do we know the warning?” That question of the Talmud means there is no such situation as punishment that is only a stipulation. Even hypothetically. There is no such situation. So if there is no such situation, then I come back here again. So if we have punishment without warning for affliction, then that punishment is not punishment without a warning. So how can you learn from it by an a fortiori argument the punishment for labor, and then go back and derive from it a warning for affliction? There is no punishment for affliction. True, there is a punishment verse, fine, but as long as we have not found a warning, there is a problem here. But notice: this can be resolved. Because after all, the Talmud assumes: “We have heard the punishment; from where do we know the warning?” There is no option in which there is no warning. There simply isn’t—because otherwise what do we do with the verse? There is a verse imposing punishment. True, you need to find a warning verse. But clearly there is some warning verse somewhere. Because otherwise the Torah would not impose punishment, since punishment that is merely a stipulation does not exist. Right? So there must be a warning somewhere. Whether we found it or not, there is what in mathematics is called an existence statement: a warning exists somewhere. I still do not know from where or how; I have not yet found it, but it exists. Okay? So therefore I can assume that this punishment verse is indeed punishment. And now make the a fortiori argument and learn punishment for labor. And after I have learned punishment for labor, I ask: then why do I need the verse about labor? From here it goes back and teaches me the warning for affliction. And this—and this—no, I’m not making an assumption, I know.

[Speaker B] No, this verse—

[Rabbi Michael Abraham] You don’t know—no, but I know, I know that there is a warning. I don’t care from where, because if there is a punishment verse there is definitely a warning. Suddenly I discover that within this very process, that is what yields the warning for me. That is what yields the warning, exactly the warning whose existence I assumed; it actually came out of this process itself. But there is no problem, because at no stage did I do anything unjustified. I only assumed the existence of the warning, and that assumption also helped me find what the source of the warning is. The source is this “if it is not needed” move from punishment regarding affliction and labor.

[Speaker B] And there is no such mechanism, and in this case you don’t need the warning.

[Rabbi Michael Abraham] No, and yes, you do need the warning. The Talmud asks, “We have heard the punishment; from where do we know the warning?” That is what I noted about the Sefer HaChinukh. Therefore it is clear—no, in Jewish law there is no mechanism in which punishment is merely a stipulation. Every punishment is a sanction for wrongdoers. There are no punishments that are just some kind of mechanism, a transaction, what the Sefer HaChinukh calls it. That is the addition I made on top of what the Sefer HaChinukh says. And now you can understand everything here. Okay? There was something we asked earlier about deriving punishments from legal reasoning. There is a Rashi in Sanhedrin—

[Speaker F] —who says that an a fortiori argument is itself Torah-level, and a punishment within the a fortiori argument is derived on its own, and it is called explicit from Scripture, and we derive punishments from it, since it can be expounded on its own. From an a fortiori argument that a person reasons on his own, even if he did not receive it from his teacher, we derive punishments from it.

[Rabbi Michael Abraham] That is Rashi’s view. So that is also the view of many medieval authorities (Rishonim), but the view of Maimonides is that for all the hermeneutical methods, we do not derive punishments from legal reasoning. That’s why I said: this is only according to Maimonides.

[Speaker D] So here there’s a contradiction to Maimonides—

[Rabbi Michael Abraham] So we need to check what he does with that Talmudic passage there. But this is clear, it’s an explicit rule in Maimonides; we read it. Okay? I’m speaking only according to Maimonides. All the medieval authorities are against this, not only Rashi. The medieval authorities speak only about an a fortiori argument. I also mentioned that Nachmanides, in his glosses to the second root, comments on this Maimonidean position, but that is indeed Maimonides’ view. One remark. A second remark: why does the fact that something exists also on Sabbaths and festivals make it more severe than something that exists only on Yom Kippur?

[Speaker B] So here it’s more severe—why? “A Sabbath of complete rest”; Sabbath has stoning, it’s not—

[Rabbi Michael Abraham] Because Sabbath is more severe than Yom Kippur. In the Sifra it says that this is because of breadth. Since it includes Sabbath and a festival as well as Yom Kippur, therefore it is more severe. Not because it exists on Sabbath, but because the broader scope is a sign that it is more severe. That’s what the Sifra says. The question is why they didn’t say it’s because Sabbath is more severe, because there are considerations both ways. But in any case, that’s not what is written in the Sifra. Here I want to make a remark connected to the Nachmanides we saw, the Nachmanides in the portion of Yitro. We saw that Nachmanides, who distinguishes between prohibitions and positive commandments, says that what is higher is less severe in terms of the punishment for violating it, or the transgression involved in failing to fulfill it is lighter. Now that is exactly what is written here. Meaning, if indeed labor was prohibited also on Sabbaths and festivals and also on Yom Kippur, what does that mean? That it is more basic than affliction. Because something more basic is required across a larger range of contexts. The more basic it is, the more it is required. The threshold for being obligated in it is lower, more people are obligated in it, it applies in more places, because it is more basic. So if this were a positive commandment, then the conclusion would be that Yom Kippur is more severe than Sabbaths and festivals, because we discussed this: Nachmanides says that with positive commandments, in terms of fulfillment, the higher something is, the more severe it is—in the sense that the reward for it is greater. But the punishment for violation, or the severity of the prohibition, really goes by breadth. Do you understand what I’m saying? Remember that Nachmanides? Nachmanides says there: what is the difference between a prohibition and a positive commandment? There is a contradiction there. On the one hand, a positive commandment overrides a prohibition, so it is more severe. On the other hand, for a prohibition you must spend all your money, and for a positive commandment only up to a fifth. Right? So how does that fit? Therefore human dignity does not override a prohibition but does override a positive commandment. So how does that fit? Nachmanides explains there, as the Sdei Chemed explains him, that there is a difference between fulfillment and violation. In fulfillment, the positive commandment is on a higher level than the prohibition. Clearly, fulfilling a positive commandment is something greater than refraining from a prohibition. But why is it greater? Because refraining from a prohibition is a more basic demand. Fulfilling a positive commandment is really righteousness. Refraining from a prohibition is standard; obviously everyone has to refrain from a prohibition, right? But that is exactly why, on the side of violation, not on the side of fulfillment, violating a prohibition is more severe than neglecting a positive commandment. Because if you neglect a positive commandment, then you’re not such a great righteous person, but you’re not wicked. But if you violate a prohibition, then you are wicked. Now, if here we were talking about the positive commandment—if this karet were karet for a positive commandment—then this consideration would not even begin. Because if it were for a positive commandment, then the fact that this positive commandment is stated only on Yom Kippur, whereas the other one is also stated on Sabbaths and festivals, would mean that Yom Kippur is more severe. But this is another precision on what I said before: we are talking here about the prohibition, not the positive commandment. The karet is given for the prohibition. And from the side of the prohibition, this is indeed true. From the side of the prohibition, the broader or lower the standard is, the more basic the thing is. What is called here “more severe” means more basic. More severe to violate it, not to fulfill it. To fulfill it is less significant; to violate it is more severe. But here, since we are dealing with punishment—karet—since this concerns punishment, punishment is indeed more severe for what is more basic, not for what is more elevated, not for what represents a higher righteousness, but for what is more basic. And therefore this fits very well with what I noted earlier, that here the Talmud certainly assumes that the karet is given for the prohibition, not the positive commandment. And therefore the criterion for severity is indeed the criterion of breadth of scope. In both affliction and labor, both involve karet, only regarding affliction we have no warning, and that is what we are looking for here. And that’s how we make the a fortiori argument. Another point visible in this derivation—it looks like a terribly technical derivation, but notice how many points it hides underneath. Another remark: you can see here that labor and affliction belong to the same family. Rest, what we saw in the introductory lecture. If they did not belong to the same family, it would be very hard to understand this a fortiori argument. What difference does it make? Labor applies in all those settings, and affliction applies only in—repentance also applies only on Yom Kippur, so is repentance unimportant? The whole point of Yom Kippur is repentance. Sabbaths and festivals are not designated for us to repent. The difference between these two contexts could be a difference in kind, not only a difference in intensity. Sabbaths and festivals have one content, and Yom Kippur has another. What does that prove? Why does that say one is more severe? Labor concerns rest, let’s say, and therefore it belongs also on Sabbaths and festivals, while affliction is altogether about repentance, and repentance is only a Yom Kippur matter. So does that mean that rest is more severe than repentance? Why? What does that have to do with it? These are two completely different planes. If this a fortiori argument assumes that there is some hierarchy, some scale, between affliction and labor, then once again it assumes that both belong to the same category. Both are rest, the laws of resting on the tenth day. Except that on Sabbaths and festivals a lower level of rest is required, a basic level of rest—not lower, a basic level of rest—which is rest from labor. On Yom Kippur, besides resting from labor, rest from pleasure, from eating and drinking, is also required. So that means this demand is a rest at a lower level—sorry, from the side of the prohibition of course, not from the side of the positive commandment. From the side of the positive commandment it is higher. From the side of the prohibition it is a level of rest intended for greater righteous people, let’s call it that, less basic. But certainly it is a kind of rest. Because if it were not a kind of rest, then how could labor be learned from affliction? There’s no connection whatsoever. A favorite example of mine, which the authors of methodological works bring: can one derive by an a fortiori argument that a doorpost is obligated in tzitzit? Do you know that one?

[Speaker C] Yes, you told us that in one of the lectures.

[Rabbi Michael Abraham] Okay, I didn’t remember that there. So what’s the problem there? Well, if a four-cornered garment, which is exempt from mezuzah, is obligated in tzitzit, then a doorpost, which is obligated in mezuzah, should it not follow that it is obligated in tzitzit? Now why is that funny? It’s an a fortiori argument like that—you can find hundreds of them.

[Speaker G] What, stealing from the pocket? What?

[Rabbi Michael Abraham] My pocket.

[Speaker B] Yes.

[Speaker G] My pocket.

[Rabbi Michael Abraham] And your pocket.

[Speaker B] It’s not on the same plane, there’s no connection.

[Rabbi Michael Abraham] Because the assumption—ours, and we need to understand why, but our assumption—is that the parameter that determines obligation in mezuzah and the parameter that determines obligation in tzitzit have no connection with each other whatsoever. This is not a relationship of greater and lesser severity. It’s simply two different axes; they do not speak to one another. So the fact that there it doesn’t apply is not because it is lighter, but because it doesn’t belong there, it isn’t relevant, it’s another topic. Can anyone establish a scale between a four-cornered garment and a doorpost? Which one is more severe than the other? It has nothing to do with “which one.” These are two different kinds that require different treatment, different halakhic treatment. The same is how we ought to have related to labor and affliction. What possible basis is there for comparing them? Once these are two different or independent axes, you cannot derive one from the other, neither by an a fortiori argument nor by a general principle. When the Talmud makes an a fortiori argument or a general principle, it assumes there is a connection between the axes—that really it is the same axis, different levels or rankings along the same axis. This is basic rest, and this is less basic rest.

[Speaker B] But affliction on the Sabbath does not apply at all.

[Rabbi Michael Abraham] Exactly, because the whole point of the Sabbath is the opposite—affliction is forbidden on the Sabbath. After all, affliction is forbidden on the Sabbath, not merely that one is not obligated to fast on the Sabbath. So clearly that is not because of the leniency of the Sabbath, but because it doesn’t belong. No—but it does. It does belong, because affliction is a kind of rest. That is exactly the point. And in principle, on the Sabbath too we ought to have fasted. There is a commandment of Sabbath delight, but in principle we ought to have fasted on the Sabbath too; it’s just that on the Sabbath a more basic level of rest is required, so there it is not a problem if we do not afflict ourselves, and then there is also the commandment of delighting in the Sabbath. Okay? But in terms of the prohibition, the obligation of rest there is only the obligation of basic rest. And this once again proves what we saw in Maimonides, really from the wording of Scripture, that on Yom Kippur affliction and labor belong to the same semantic field. This is all basically parameters of rest, only there are different levels of rest or different aspects of rest, and the broader the rest, the more the day has a higher significance or is less basic from both sides. Therefore from the side of the positive commandment it is higher; from the side of the prohibition it is less severe. Okay? That is the additional remark.

[Speaker B] On Yom Kippur, the general idea is that there is punishment for the person who does not afflict himself and is cut off. Okay. So on the Sabbath this is altogether not—not connected at all.

[Rabbi Michael Abraham] What—what—I didn’t understand. On the Sabbath there is no obligation to afflict oneself.

[Speaker B] There is no obligation to afflict oneself. So how are you comparing between these two obligations?

[Rabbi Michael Abraham] What does that have to do with punishment? I asked how one compares them not because there is punishment on Yom Kippur, but because the content of Yom Kippur is affliction, whereas the content of the Sabbath is not affliction. That is not a difference in severity. It is a difference in kind; they are simply two different things. But the Sifra—the Sifra learns an a fortiori argument. You are repeating my question. The Sifra makes an a fortiori argument, but I asked why. Why are you making an a fortiori argument? These are just two things of different kinds. And from here is a proof—from here is a proof—that the Sifra, and Maimonides who cites it, and certainly Maimonides’ view is like this, are speaking about rest. And that is indeed the same kind. It is not two different kinds; it is the same kind. Affliction and labor are simply two aspects of the rest required on Yom Kippur. Therefore in Maimonides there are laws of resting on the tenth day that include both affliction and labor. Let me maybe mention—perhaps I didn’t say this the previous times—for example on Passover, the laws of rest on Passover, where is that in Maimonides?

[Speaker D] The laws of festival rest, right?

[Rabbi Michael Abraham] Festival rest. And where are the laws of leaven and matzah in Maimonides? In the laws of leaven and matzah. The content of the day and the rest of the day are two different groups of laws. Also on Sukkot, by the way. The rest of the day is under the laws of festivals, and the content of the day— the four species and the sukkah—are under the laws of sukkah, sukkah and the four species, right? Yom Kippur is exceptional. On Yom Kippur, the content of the day and the rest of the day are in the same collection of laws. Not only are they in the same collection of laws, but a collection of laws was uniquely designated for it, not as part of the laws of festival rest or Sabbath rest, but as a collection of its own. Even though there is no difference between festival rest and Yom Kippur rest, seemingly he could have included it under Sabbath generally. But no, he deals with it again— in short, because in terms of the details you can look in the laws of Sabbath, but he also deals with it, both the rest and the affliction, in the laws of Yom Kippur. It is very clear that there are really two aspects of rest here. We showed this also in the language of Scripture, and here we also see it in the Sifra. And it is no accident that Maimonides brings this Sifra as the source for the warning concerning affliction on Yom Kippur, because according to him it is all rest. And therefore, if we now look at it that way, then basically what the warning regarding affliction on Yom Kippur says is—what are we learning from here? What we are learning from here is that the rest required on Yom Kippur cannot be—cannot be less, sorry—the rest required on the Sabbath cannot be less severe than the rest required on Yom Kippur. Okay? Meaning, less severe in terms of its punishment. That Yom Kippur belongs to this category, of Sabbath, and the differences are ultimately only in the scope of the rest, or how far one must rest. Now I’ll already note here—but we’ll still discuss it later—what was this prohibition regarding affliction. What about the positive commandment regarding labor? The positive commandment regarding labor on Yom Kippur.

[Speaker C] “A Sabbath of complete rest,” Sabbath.

[Rabbi Michael Abraham] You can learn it in the same way, right? And if on the lighter Sabbath there is a positive commandment regarding labor, then on Yom Kippur—sorry, if—

[Speaker C] On the Sabbath—

[Rabbi Michael Abraham] the lighter one, where there is no affliction and only labor, right? There is a positive commandment, then on Yom Kippur where there is both affliction and labor, then certainly there is a positive commandment. But we can’t say that, because as long as there is no positive commandment regarding labor on Yom Kippur, how do you know that Yom Kippur belongs to that category at all? Only after the positive commandment regarding labor on Yom Kippur is written—and we will still have to see how it is written—only then do we really understand that Yom Kippur is an expanded Sabbath. We do not know that in advance.

[Speaker C] There is the prohibition regarding labor. What?

[Rabbi Michael Abraham] The prohibition regarding labor exists, but the positive commandment does not. That itself could be a refutation. The fact is that here there is only a prohibition and no positive commandment, so who says it is more severe? It could be a different category. Only after we have both the prohibition and the positive commandment can we understand that indeed this is one whole, a kind of Sabbath or “a Sabbath of complete rest,” as—yes. So now we’ll soon get to the positive commandment regarding labor, but let’s look for a moment at the sugya in Yoma 81a. Look in your Talmuds. In Yoma 81a they are basically discussing the same thing; among other things they also bring this derivation from the Sifrei—from the Sifra, every time I— In the Mishnah it says like this: if one ate and drank in one lapse of awareness, he is liable for only one sin-offering. If one ate and did labor, he is liable for two sin-offerings. Because regarding liability for sin-offerings, you need two prohibitions and two—or two lapses of awareness. Two prohibitions.

[Speaker C] Where exactly is this?

[Rabbi Michael Abraham] Mishnah on 81a. Okay? So in order to incur separate sin-offerings, you need either two prohibitions or two separate lapses of awareness. So if he ate and drank in one lapse of awareness, then this is one lapse of awareness and also one prohibition—eating and drinking are under the same prohibition—so therefore it's only one sin-offering. But if he ate and did forbidden labor, even if it was in one lapse of awareness, he needs two sin-offerings. Because those are two prohibitions, okay? Two different categories. But foods that are not, etc.—fine, that's something else. Talmudic text. Reish Lakish said: Why was no warning stated regarding affliction? In Yoma 81a. Why was no warning stated regarding affliction? Yes, regarding affliction on Yom Kippur we don't find a warning, exactly what we saw in the Sifrei—in the Sifra, I always… we didn't find a warning. So Reish Lakish says as follows: because it's impossible. You can't say it; we have no way to formulate it. This is a very interesting Talmudic passage. How should it be written? Reish Lakish says: there's no way to write it, let me show you. Should the Merciful One write, "He shall not eat" or "Do not eat"? Eating is in an olive-bulk. We would then learn from here that eating is in an olive-bulk and not in a date-bulk. Already here I'll pause for a moment. So what if it's in an olive-bulk? What's the problem? Why shouldn't it be in an olive-bulk?

[Speaker C] But there is a positive commandment: "you shall afflict yourselves."

[Rabbi Michael Abraham] Fine, that's a positive commandment.

[Speaker C] And affliction is measured by a date-bulk. So in the positive commandment it would be one measure, and in the prohibition it would be a second measure?

[Rabbi Michael Abraham] Yes, yes. Someone who ate an olive-bulk violated only the prohibition and did not violate the positive commandment—what's the problem? Again, the assumption here is that the positive commandment and the prohibition are both talking about affliction. It's not that the prohibition is an eating prohibition and the positive commandment is an obligation to fast. The prohibition is against someone who does not afflict himself, not against someone who eats. We talked about this in previous times as well. Now you'll see it in a more explicit way. So that can't work, right? You can't write "do not eat" or "he shall not eat." Should the Merciful One write, "Do not be afflicted"?

[Speaker C] Yes, exactly the opposite. Why? What does "do not be afflicted" mean? "Do not be afflicted" would mean not to fast,

[Rabbi Michael Abraham] meaning yes, to eat—that obviously doesn't fit, right? So in short, there's no way to write a prohibition on affliction. How do you write a prohibition on affliction? In short, there's a bug in the language. The language in which Scripture is written is not a complete language. Meaning, even if the Holy One, blessed be He, wanted to write for us a prohibition regarding affliction, He is limited—He created a language that isn't good enough, not complete. There are contents that cannot be expressed in this language. A prohibition on affliction cannot be expressed. That's a very far-reaching statement, this statement of Reish Lakish. Right? So there's no way to formulate it. Before I continue—fine, so there's no way to formulate it. And therefore what? Is there a prohibition or isn't there?

[Speaker B] There isn't a prohibition.

[Rabbi Michael Abraham] There isn't a prohibition. The Talmud implies that there is.

[Speaker C] It could be that there is a prohibition.

[Rabbi Michael Abraham] How does the Talmud know that there is a prohibition? From the question: "Why was no warning stated regarding affliction?" We just read it. Right. What does that mean? That there is also a prohibition regarding affliction. So the Talmud knows that there is a prohibition regarding affliction. And Reish Lakish also argues within that assumption. Reish Lakish is not coming to claim that there is no prohibition. Reish Lakish claims there is a prohibition, but it isn't written because there's no way to write it. But that takes us backward—takes us back, with an s—so how did the Tannaim know that there is a prohibition? Fine, in the Mishnah we saw that there is a prohibition. How did the Tannaim know? After all, it's not written in the Torah.

[Speaker C] It can't be,

[Rabbi Michael Abraham] So they say no, no—there is a prohibition, it just couldn't be written. Fine, who told you that? Maybe, maybe there is a prohibition only because it's impossible to write, but maybe there also isn't a prohibition.

[Speaker C] There are two possibilities—how do you know? We said earlier that there can't be a punishment without a prohibition.

[Rabbi Michael Abraham] And where do you know that there is a punishment?

[Speaker C] Because "for any soul that does not afflict itself"—

[Rabbi Michael Abraham] kareit, right? Kareit, excision. The punishment of excision, okay, so therefore what?

[Speaker C] So if there is—we said that a punishment without a prohibition is impossible, and that's the stipulation, right?

[Rabbi Michael Abraham] If I—no, you can't say that's the stipulation, but you do need a warning. And Reish Lakish wants to argue that there is no warning. So I'm asking: then what do you do with the verse of punishment when there is no warning? Reish Lakish strongly claims there is no warning, right? That's what we said. Understand: beyond his explanations, what's the bottom line of what he says? That as written, you will not find a warning. Later in the Talmud we will find there are other sources—other Amoraim do bring a source. But Reish Lakish does not bring a source. Reish Lakish claims that here we have a prohibition without a warning. Here, we've found a counterexample to the Chinukh. We have a commandment where there is a punishment—kareit—for the prohibition of affliction, but there is no warning. And not only that—Reish Lakish says not that there is a warning and we didn't find it; there is no warning, none, because it's impossible to write it.

[Speaker B] And he suggests—wait—how would she write it? She can't write "do not eat."

[Rabbi Michael Abraham] He explains: it's impossible.

[Speaker B] That's what he says—it can't be written.

[Rabbi Michael Abraham] He has no additional recommendations. He has no recommendations; he rejects all these recommendations. He shows you that there’s no way to write this. You could say that he means, for example, that same choice that’s required from somewhere else. We’ll soon see. On the face of it, according to Reish Lakish, what’s written is that there isn’t one; it can’t be written, and therefore there isn’t one. Right now I’m presenting this as a question. In a moment we’ll see later on why it wasn’t somehow possible to derive it. Make an analogy, a verbal analogy, I don’t know, some sort of derivation. We’ll see later in the Talmud that they actually do this. It could be that Reish Lakish does not accept Maimonides’ principle that one can formulate a prohibition from a derivation even where the punishment is written explicitly. Maimonides innovates that if the punishment is written, then the prohibition can be derived. Reish Lakish and the medieval authorities disagree with him; they argue that you can derive a prohibition even when the punishment is not written, because a derivation is fully Torah-level. In Maimonides’ view, a derivation is not Torah-level. But if the punishment is written, then one can derive the prohibition from a derivation. It could be that Reish Lakish is a more extreme approach. Reish Lakish says: a prohibition derived by interpretation is illegitimate. A prohibition has to be written. This is a source for Maimonides, but a source that goes even further than Maimonides. Okay? Even when there’s an explicit verse of punishment here, you still can’t derive the prohibition interpretively. Possibly. And therefore Reish Lakish does not take into account the possibility of deriving a prohibition and writes explicitly: it can’t be done. Since it can’t be done, therefore we have here a prohibition without an explicit warning verse.

But that’s very difficult. Very difficult, because if so, then it should come out that there really would be no prohibition and really no sin-offering. Karet maybe would be on a positive commandment. I don’t know. Especially since there is a positive commandment here—we know there is a positive commandment of affliction. And there is already karet for failure to perform a positive commandment in circumcision and Passover. So what’s the problem? Why not say that on Yom Kippur too the karet is for the positive commandment? There’s no negative commandment because there isn’t one. You understand, this is the absurdity. If the Torah had no word for demons, would I say: ah, surely there are demons, it’s just that the Torah didn’t write about demons because it has no word for them? I need some indication. Why am I saying there are demons? If I had some source telling me: look, there are demons—and you asked me why the Torah doesn’t write it—then the answer could be: because it has no way to say it. Fine. But you have no source other than the Torah from which to derive prohibitions. So how can you tell me that since the Torah can’t write it, therefore there is a prohibition here even though it isn’t written? If you had an indication that there’s a prohibition here, and your problem was why the Torah doesn’t write it, then the answer is because it can’t write it. But where do you know the basic fact from, that there is a prohibition here at all?

So of course one could say: it’s a tradition, I don’t know, a law given to Moses at Sinai, whatever. Reish Lakish had a tradition that there is a prohibition here, and obviously he doesn’t disagree about that. Again, I remind you, the Mishnah says that there is a prohibition. It’s not reasonable to say that Reish Lakish held that in fact there is no prohibition here. Okay? So perhaps it really is tradition, and this goes back to what I said earlier—that all these derivations are really supportive derivations. We already know everything. We’re just playing here; we’re trying to anchor the tradition that came down to us in derivations or verses or something like that. And on that Reish Lakish says: look, here it came by tradition; we have no way to anchor it textually, and that’s okay. In a place where we have no way to anchor it, that’s also fine, because we have tradition.

So according to this, it comes out that we don’t have to say that the punishment here is a conditional punishment—even according to Sefer HaChinukh. No, no. It’s a punishment for a prohibition. It’s a sanction for wrongdoing. There is a prohibition here, only there’s no way to write it, so it wasn’t written. That’s the plain meaning of the Talmud. Rashi says that in this verse the warning is not written, but there is a prohibition. There is a prohibition, but no warning. No warning, but there is a prohibition. How? That’s what Reish Lakish asks. How can that be? Reish Lakish answers: in a place where the prohibition cannot be written, there can be a prohibition even without an explicit warning.

Now pay attention for one more second: there are several possible understandings of Reish Lakish. Theoretically you could say that he really thinks there is no prohibition—but we said the Mishnah states that there is. There is a sin-offering, so that’s not reasonable. There is a prohibition; tradition tells us there is a prohibition. Right, there is a prohibition, and it cannot be written, and he does not accept a prohibition derived by interpretation, even in a place where there is a verse of punishment. So he says: fine, the tradition remains valid. A third possibility is that he adopts Maimonides’ view, but once again goes one step too far. After all, there is a verse of punishment. Tradition only says that this punishment is not for neglecting a positive commandment but for violating a prohibition. Right? Because only in circumcision and Passover is there karet for neglecting a positive commandment. So now Reish Lakish says: this is punishment for a prohibition. Then I ask myself: but where is the prohibition? The karet is for a prohibition, and we don’t have a verse. And derivations are being ignored for the sake of the discussion right now. Okay, so what does Reish Lakish say? Fine, the Torah has no way to write it. But when the Torah has no way to write it, who told you that there is a prohibition? Maybe it didn’t write it because there isn’t one, not because it has no way to write it. No—there is a punishment verse. And there is no punishment verse without a prior warning. That alone is why Reish Lakish says there is a prohibition.

Think about it. Let’s say there were no karet for fasting on Passover—sorry, on Yom Kippur. No karet. Fine? Would Reish Lakish say that since there is no way to prohibit affliction, therefore there is a prohibition even though we found no warning? What, you invent a prohibition just because there is no way to write it? Then every matter that has no way to be written would be true according to this principle—since there’s no way to write it, that’s why it wasn’t written. That’s absurd. You first have to assume that it’s true and then answer the difficulty of why it wasn’t written: because there’s no way to write it. You cannot conclude from the fact that there’s no way to write it. It could be that he concluded it because there is a verse that gives punishment. Exactly the same logic of punishment that we said about this… No, on that there was a tradition that karet for a positive commandment exists only in circumcision and Passover. So if there is karet here—and apparently there is clearly such a tradition, that it applies only to those two—and there is a reason, by the way; those two really do share something in common. I once spoke about this in the study hall. But once I reach the conclusion that this karet is punishment for a prohibition, then there really is a difficulty: we didn’t find a prohibition. To that Reish Lakish answers: because there is no way to write it. But there is a prohibition here, and the karet is for that prohibition. Okay?

Therefore you cannot infer from Reish Lakish that anywhere I have reason to think there is a prohibition, then if there is no way to write it, it will count as a full prohibition and one would even receive lashes for it. That’s not enough. You need some indication from the text. Only here there is such an indication—the punishment verse is the indication. True, ordinarily punishment is not enough; you also need a verse that warns. But in a place where there is no way to write a warning verse, fine, the punishment verse tells me that this already exists as well.

And this is another implication of what we saw in Sefer HaChinukh—that the Chinukh assumes not only that if there were a punishment verse without a warning, we would interpret it as a condition. No. There is no such thing as a verse of punishment without a warning. There is no category of “conditional punishment.” And you have to say this if you want to say it here in Reish Lakish, because otherwise Reish Lakish should have said: this is a conditional punishment, so there is no prohibition. That’s all—it’s conditional punishment. Reish Lakish does not say that. Reish Lakish says: this punishment is an actual punishment, not a condition. So why isn’t it written? Because it can’t be written. Okay? This reinforces several things we saw in the previous stages.

Yes. According to Reish Lakish, in other words, this is something general: the punishment comes to serve this prohibition, and normally there is no punishment for failure to fulfill a positive commandment, except for Passover and circumcision. So that means the warning is there to serve the punishment of the prohibition. Why are they looking for a warning for the positive commandment? That’s what I’m saying. What warning for the positive commandment? The whole Mishnah and all that—how can you… No, it’s a prohibition, not a positive commandment. It’s a prohibition, the prohibition of affliction. The question is: where is its warning? And this… There is a positive commandment: “and you shall afflict yourselves.” “The soul that is not afflicted shall be cut off”—that karet is for a prohibition. There is a prohibition not to refrain from afflicting oneself—meaning, whoever does not fast has violated a prohibition. And Reish Lakish asks: where is the warning for that prohibition? If the karet were for the positive commandment, we wouldn’t be looking for anything; it would be karet for a positive commandment like Passover and circumcision, and we wouldn’t need anything. On the contrary—the assumption here is that it’s not for the positive commandment, so there must be some prohibition here, and to that Reish Lakish says: correct, but there is no way to write it.

A final possibility is that Reish Lakish really does not disagree with all those who come after him—we’ll see this in a moment—all the derivations that come afterward from various interpretations. He doesn’t disagree, doesn’t disagree. Reish Lakish just says: it could not have been written explicitly, because there is no way to write it. So how do we know it? From all the derivations that will be brought later. He’s only asking why it isn’t written. It isn’t written because there’s no way to write it. And one can strengthen the question further: in other places it is written. For Sabbath, for festivals, everywhere it’s written—the prohibition is written. What’s the problem? Like with labor, on Yom Kippur too it’s written. So why here is it left to derivations? Why isn’t it written explicitly here? To that Reish Lakish says: because there’s no way to write it explicitly, therefore it was left to derivations. What are those derivations? We’ll see in a moment. The Talmud later brings a collection of possibilities. Then Reish Lakish is really just an opening to the topic, not one opinion followed by more opinions, but an opening.

Are there not enough words in our language? Yes, yes. It’s very interesting. The Holy One created this language—what’s the problem with creating a language in which this too could be written? Fine. Let me perhaps give you another example regarding the sciatic nerve. The prohibition of the sciatic nerve—where is the prohibition? “Therefore the children of Israel do not eat…” That is not exactly a prohibition. It’s not a prohibition at all. “Therefore the children of Israel do not eat the sciatic nerve”—that’s a description, a biblical description. It’s not a command. It tells us why the Israelites had the practice of not eating the sciatic nerve, as a memorial to the struggle with the angel and all that. Fine? Okay, nice—a nice custom. What does that have to do with me? Where is the command? So Rashba asks this in his aggadic novellae on Berakhot, and Rashba says that here we probably have to say that there was some tradition saying that this is indeed also a prohibition, even though there is no warning. This is another example of a prohibition that has no warning. But here too there is some hint in the text that this is the proper practice. True, it is not fully a warning command. In such a place we can sometimes play a little. “That they do not eat”—he holds that if they did not eat, then they should not eat. Meaning, there is something there. “Therefore the children of Israel do not eat the sciatic nerve.” Yes. A description. It tells you what the Israelites did. So what? It says, “Jacob dwelled in the land of his father’s sojournings, in the land of Canaan”—so therefore we all need to dwell in the land of our fathers’ sojournings? What does that have to do with anything? Scripture describes various stories. This one did so, that one acts thus, and that one does not. For there to be a command, there has to be a command—a commanding verse, not a descriptive verse. This verse is descriptive.

Maimonides does count it. Count what? Negative commandment 158. Of course—everyone counts it. Right? Everyone counts it. That’s exactly what Rashba is asking. Even though it’s a prohibition, obviously it’s a prohibition. Here there isn’t even a positive commandment—there is only a prohibition regarding the sciatic nerve. It is certain that there is a prohibition, because otherwise what is the prohibition at all? What? I think there is punishment for the sciatic nerve too, no? Why not? It says somewhere that one who eats the sciatic nerve receives lashes, no? But where is the source for that? I don’t know. You don’t need a source for that. I spoke last time about lashes; lashes do not require a separate source. Ah, so there can be a warning without an explicit punishment. Yes, of course. It is only punishments other than lashes that need an explicit source. Right. This also collides with the point that the warning has to be from Sinai—say, like all those things in the dispute of the Tannaim in the chapter on the sciatic nerve, Rabbi Yehuda and the Sages there, whether it applies to impure animals or only pure ones, and what was said at Sinai was said only from Sinai, in accordance with Maimonides’ famous words in his commentary to the Mishnah there.

In any case, this is just an example that sometimes, when I have some other indication that there is a prohibition, then either tradition can come and tell me, or a verse that is not formulated exactly as a command can tell me, that there is in fact still a prohibition here.

Rav Beivai bar Abaye raised an objection: let the Merciful One write, “Guard the commandment of affliction.” He has a suggestion—yes, it can be put into the wording of Scripture. To that he answers: if so, “guarding” attached to a prohibition is a prohibition, but “guarding” attached to a positive commandment is a positive commandment. No—“guard the commandment of affliction” would have been a positive commandment, not a prohibition. Even though “guard,” “lest,” and “do not” are rabbinic expressions for a prohibition, nevertheless if “guard” is attached to a positive commandment, then it has the status of a positive commandment. It’s like a prohibition inferred from a positive commandment, and according to the Talmudic rule, “a prohibition inferred from a positive commandment is a positive commandment.” Okay?

Rav Ashi raised an objection: let it write, “Do not depart from the affliction.” Why are you speaking ill of the Holy One’s language? This language can contain, or express, a prohibition regarding affliction too. “Difficult,” says the Talmud. Now, this is a known rule—you surely know it—and there is a difference between “difficult” and “refutation,” right? When we say “difficult,” that does not mean the view is rejected; it means there may be some answer, and for some reason the Talmud does not bring it. There are places—and even quite a few places—where Maimonides rules in accordance with a view that remains “difficult.” Okay? Meaning, “difficult” and “refutation” are not the same thing. “Refutation” means the opinion is rejected; “difficult” does not. Why am I saying this? Because once Rav Ashi says this, Reish Lakish’s view would seemingly be rejected. Then in a moment we’ll see the following opinions, which are the source for the prohibition of affliction. But as we said, since this remains only “difficult,” Reish Lakish may still have some room to preserve his view.

And a Tanna derives it from here—I’m continuing to read in the Talmud: “And you shall afflict yourselves, and you shall do no labor.” Could one think that one is liable to punishment for the additional time of labor? This refers to the extension of Yom Kippur, meaning adding onto Yom Kippur from beforehand, which is Torah-level. There are views that this is the only addition that is Torah-level. There are debates about that. So the extension of Yom Kippur is Torah-level. The question is: what are the laws during that added time? Is it exactly like the core of the day itself, where labor and affliction are prohibited and there is even karet?

The affliction here is the extension parallel to labor. No, no. The extension of Yom Kippur means the period before Yom Kippur begins. The question is whether in that added period there is a prohibition of labor and a prohibition of affliction. What does Jewish law tell us to do in that added period? Does it say that both regarding labor and affliction there is even karet and full prohibition? Or only prohibition without karet? Or perhaps there isn’t even a prohibition in the form of a negative commandment, but only perhaps a positive commandment of adding from the weekday onto the holy? These are all possible options. So the Talmud is discussing that here, and in a moment we’ll see how it connects to our issue.

And what about the extension? I don’t remember. It may be from this very phrase. “On this very day” implies that outside this very day there is also something, only the karet applies specifically to this very day. But it implies that beyond this very day, in the extension too there is a prohibition without karet. I don’t remember right now where they derive it from.

And a Tanna derives it from here: “And you shall afflict yourselves, and you shall do no labor.” Could one think one is punished—what does “punished” mean? Karet, yes—for added labor? Scripture says: “And every soul that does any labor on this very day shall be cut off.” On the very essence of the day one is liable to karet, but one is not liable to karet for added labor. Could one then say that one is not liable to karet for added labor, but is liable to karet for added affliction? Until now we discussed added labor. Is there karet for added affliction? Scripture says: “For every soul that is not afflicted on this very day shall be cut off.” On the essence of the day one is liable to karet, but not for added affliction. Same thing—it applies to the very essence of the day.

Could one say that there is no punishment at all, but there is a warning regarding added labor? What does that mean? No karet, perhaps—but maybe a prohibition exists? A prohibition regarding labor. Regarding labor we have a verse, right? Scripture says: “And you shall do no labor on this very day.” The warning “you shall do no labor” also applies only to this very day. On the essence of the day he is warned, and he is not warned concerning added labor. Could one say that he is not warned concerning added labor, but he is warned concerning added affliction? What is that? How can that be? We still haven’t learned a warning for affliction itself, so why are they suddenly discussing a warning in the added time? The Talmud assumes that obviously there is a warning regarding affliction on the very day itself. Right? “Warning” means a prohibition, because the positive commandment is certainly written. But there is a prohibition regarding the essence of the day, and therefore it now starts discussing whether there is also a prohibition in the added time. And it doesn’t say where that comes from. Fine? But in a moment.

A warning—you don’t even know it for the essence of the day itself. Exactly. You don’t even know the warning for the day itself, so why bring this? That’s what I said. “And by logic! Just as labor, which applies on Sabbaths and festivals, one is not warned concerning it in the added time, then affliction, which does not apply on Sabbaths and festivals, all the more so one should not be warned concerning it.” This is speaking about the extension now, right? Yes. No, no—the extension. It’s all about the extension. This is really the a fortiori argument of the Sifra that we saw, right? Right? Earlier we learned the stringency side for Sabbaths, and now we’re learning the leniency side for Yom Kippur. But these are two sides of the same coin. It’s strict and lenient and all that, but the same side of the coin.

Now the Talmud says: but we have not learned the warning for affliction on the day itself. You’re talking to me about the extension? What about the day itself? “A warning for affliction—from where?” “The punishment for labor need not be stated, for it could be learned from affliction. And just as affliction, which does not apply on Sabbaths and festivals, incurs karet, labor, which does apply on Sabbaths and festivals, all the more so.” Why then was it stated? To free it up for comparison and for a verbal analogy. A punishment is stated regarding affliction, and a punishment is stated regarding labor. Just as labor is punished only if there was a warning, so too affliction is punished only if there was a warning.

Okay? In contrast to the Sifra, there are many interesting points here. What do you mean, “just as labor is punished only if there was a warning, so too affliction is punished only if there was a warning”? That labor is punished only if there was a warning—that is true everywhere. What does that have to do particularly with labor? It’s a general rule in the Talmud: there is no punishment unless there was prior warning. You don’t need to learn separately in each case that there is no punishment without warning. The rule is always that there is no punishment without warning. What you want to learn is the very existence of the warning, not that punishment is conditioned on warning. So just say: just as there there is a warning, here too there is a warning.

It seems from here that there is indeed some initial thought that Sefer HaChinukh rejected—to have punishment without warning. If there is punishment here, and this is Reish Lakish—I remind you that we came from Reish Lakish, right? What did Reish Lakish tell us? Reish Lakish told us that the warning is not written, right? Because it cannot be written, but the punishment is written. According to the Chinukh, what do we do in such a case? I said that seemingly I would have said: here we punish without warning—a conditional punishment, not a sanction for criminal wrongdoing. A conditional punishment. Fine? Because the punishment is written. Reish Lakish cannot say that we do not punish: “Every soul that is not afflicted shall be cut off.” That is written; you can’t deny it. But we didn’t find a warning. Reish Lakish says: you won’t find one either, because there is no way to write it. So there is no warning. What do we do in such a case? Punish without warning. And then this derivation comes and says: no, Reish Lakish. Here is an alternative to Reish Lakish. After we rejected Reish Lakish, now they bring an alternative and say: precisely because of that, the wording here too is “it is punished only if there was a warning.” Because no one says there would be no punishment here. Obviously there will be punishment—the verse says so. Rather, Reish Lakish wants to argue that here there is punishment without warning. There is no such thing. Here too there is punishment only if there was warning. Okay? How do we know this? From labor. Okay, so this is responding to Reish Lakish. It hints that what the Talmud is doing here is not bringing an independent source, but explaining why Reish Lakish is not right. Here too punishment exists only because of warning, not as Reish Lakish wants to say—that here there is punishment without warning. This addresses Reish Lakish; it is not an independent source.

But regarding the substance: unlike the Sifra, here it is a verbal analogy, and in the Sifra no verbal analogy was mentioned. In a moment we’ll see, in a moment we’ll see. Here—ah, I’m missing a page. They printed me the second page. Fine—does anyone have it? Is it something I sent by email? No, no, I sent it to the secretary to print because I didn’t have a printer. Ah, it’s on the other side. Fine, we have it, that’s it. Okay.

Look for a moment at the next line in the Talmud: “One could challenge this: what about affliction, which has no general permission exception; will you say the same about labor, which does have a general permission exception?” “General permission exception” here means Temple service. Temple service is permitted—meaning labor has a permitted context under certain circumstances; affliction has no such permitted context. That is, no one is exempt from fasting on Yom Kippur. The designated man, by the way, apparently is exempt. But fine, that’s a side remark. In principle, though, affliction has not been generally permitted, and therefore there is a possible challenge.

On the face of it, this refutes the a fortiori argument of the Sifra, right? The Sifra’s argument says labor is more severe than affliction. So if there is punishment for affliction, then certainly there is punishment for labor, right? That’s also what the Talmud says here. And there is a challenge to that. Notice that there is a difference between the Talmud here and the Sifra. Do you see the difference? The Sifra ended with “if it is not needed for this matter,” right? The Babylonian Talmud does not end with “if it is not needed.” The Babylonian Talmud ends with comparison and verbal analogy, something not found in the Sifra. In the end it’s not “if it is not needed,” it’s a verbal analogy. After all, how does it conclude here? It says: it is free for comparison and for deriving a verbal analogy. A punishment is stated regarding affliction and regarding labor. Just as labor is punished only if there was warning… So why do you need all the introduction? There is a verbal analogy. A punishment is written here and a punishment is written there. Just as there the punishment requires prior warning, so too here. Finished. Why do you need all this introduction, all this a fortiori setup? It’s a totally different derivation from the Sifra. In the Sifra there is no comparison and no verbal analogy. The Sifra says that the punishment for labor is superfluous. Why was it written? If it is not needed for that, apply it to the prohibition of affliction. Right? No verbal analogy or anything. Simply: something is superfluous, so we apply it elsewhere through “if it is not needed.” Here they make a verbal analogy.

So why do we need the entire preface from the Sifra? Just make a verbal analogy: a punishment is said here and a punishment is said there. Just as there, not punished unless warned, so too here. What’s the problem? Karet, karet—from the word karet. He may be trying to use what the Sifra said, the a fortiori argument the Sifra tried to use. So what is the role of that? It seems like a completely different derivation, so why do you need the Sifra? More than that: the Sifra’s derivation is rejected because of the challenge. Can one challenge a verbal analogy? Never. If it is free on one side—or on both sides—you do not challenge it. If it is not free, then in the simple sense you do not derive from it at all. A verbal analogy does not get challenged. I think you won’t find anywhere a challenge to a verbal analogy. There are challenges to an a fortiori argument and to an inductive prototype, not to text-based hermeneutics like general-and-particular, and not to verbal analogy. But here the Talmud challenges the a fortiori argument.

One second—the challenge attacks the logic. It says: it’s not more severe than that, because here there is a leniency. The verbal analogy is not based on which is more severe. Here there is this word and there there is this word, therefore we compare. What is there to challenge? It has nothing to do with which is stricter and which is more lenient. So it turns out that the challenge is to the a fortiori argument, not to the verbal analogy. But then why did I introduce this? Because that means the a fortiori argument is indeed part of the derivation; it is not just a random preface to a verbal analogy. The preface of the a fortiori argument is needed in order to make the verbal analogy. The question is why. And the answer is that the preface of the a fortiori argument comes to prove that the punishment for labor is textually free. Without being free, we do not make a verbal analogy. Therefore without the a fortiori argument there is no verbal analogy here. The a fortiori argument of the Sifra does not stand on its own in the Babylonian Talmud; in the Sifra it does. But in the Babylonian Talmud the a fortiori argument is not the source; it is only the infrastructure. It proves that the punishment for labor is free. Once it is free, we make the verbal analogy. Then if I challenge the a fortiori argument, I am left with a verbal analogy that is not free. And a verbal analogy that is not free cannot be made.

Can’t be made at all? Can’t be made at all. That is the challenge the Talmud is making. So the challenge here is not attacking the verbal analogy; it attacks the a fortiori argument. First, it knocks down the Sifra’s a fortiori argument, and in the Babylonian Talmud, which does not derive from the a fortiori argument directly, you still need the a fortiori argument to show that the term is free. Once there is a challenge, then you see it is not free. And if it is not free, you cannot make the verbal analogy. The a fortiori argument justified the verbal analogy, justified the freedom of the term in the verbal analogy. Because you cannot make a verbal analogy unless you have proved that it is free, at least on one side. Okay?

But now—one second—it may be that there is no difference between the Sifra and the Babylonian Talmud. The Sifra may simply be abbreviated, and maybe it is not “if it is not needed” in the Sifra. Maybe the Sifra just doesn’t mention verbal analogy. It doesn’t mention it, but maybe it abbreviates. It says: there is an a fortiori argument, and therefore this is superfluous, and from there we learn here. How do we learn from there to here? I understood that as “if it is not needed,” because nothing else is mentioned. But maybe not. Maybe “from there to here” means by verbal analogy.

By the way, it says “for comparison and for deriving a verbal analogy.” You know that comparison and verbal analogy are not the same thing. What is comparison? Because it is logical? Adjacent verses. Comparison means adjacent verses, right? And in truth, there is comparison here too: “you shall do no labor” and “you shall afflict yourselves.” Or “you shall afflict yourselves and whoever does labor shall be cut off.” There is a comparison between affliction and labor. So why not make that comparison directly? Simply because affliction here is in the form of a positive commandment, while labor is in the form of a prohibition. You can’t compare the positive commandment to the prohibition when what we’re looking for is the prohibition, right? But the karet—the karet in both places is said about the prohibition. Okay? Therefore they use the verbal analogy and not the comparison. What it says here, “for comparison and for deriving a verbal analogy,” because the term “comparison” in rabbinic language is often used in the context of verbal analogy, not in the technical sense of juxtaposition. It’s a borrowed usage; it appears in place of verbal analogy.

What? Verbal analogy and comparison are two opposite terms. Therefore I do not make a comparison; rather I make a verbal analogy. And in the verbal analogy you have karet and karet. So if that karet has a warning attached to it, then this karet too has a warning attached to it. Then why not say that for all cases of karet in the world one doesn’t need warnings at all? Everywhere karet is written, let us derive from here that karet always comes with warning. No. Only where the term is superfluous, only where there is freedom, do we make a verbal analogy. Therefore in every place where there is karet we will still need a warning. Only here, because it is superfluous, it substitutes for the warning. Okay? That is the freedom.

What is the Talmud saying here? Look at the baraita—the difference between a midrash and someone who just says it. “A Tanna derives it from here,” meaning this is a baraita. In any case, this is the alternative stage to Reish Lakish. So indeed, punishment comes by virtue of a warning, not as Reish Lakish says—that one punishes without warning. Right? When there is freedom, and that freedom creates the basis for a verbal analogy. But now we challenge it: “what about affliction, which has no general permission exception?” Fine. The freedom falls away, there is no basis for verbal analogy, and the story is over. We are left with nothing. The only source currently left is Reish Lakish, who remained “difficult,” but “difficult,” we said, is not so terrible, right?

This challenge is a strange challenge. “One could challenge.” Here we are digging a little into the Talmud’s derivations, because behind them sit many interesting substantive ideas. Why? “What about affliction, which has no general permission exception; will you say the same about labor, which does have a general permission exception?” What sort of challenge is that? Affliction has no general permission exception because it does not need one. Why was labor given a general permission exception? Where was labor permitted? In sacrifices, right? In order to offer the sacrifices, you have to permit labor. How else can I do slaughtering, taking life? I slaughter the sacrifice, the additional offerings. How can I permit this? How can I command additional offerings without permitting labor? You couldn’t slaughter. In the Temple—we’re talking about the Temple. Not rabbinic restrictions; we’re talking about Torah-level prohibitions. Torah-level prohibitions, not rabbinic restrictions. They permitted categories of labor, Torah labor prohibitions, not rabbinic restrictions.

So labor was permitted because otherwise you couldn’t bring the sacrifices. But affliction was not permitted because I can work while fasting—what’s the problem? Eating the sacrifice? I’ll eat it on Sunday, or not eat it at all. So what? Or at night, depending on what kind of sacrifice it is. Most sacrifices can be eaten at night too, by the way. In sacred matters, the night follows the day. But if you say that all sacrificial service overrides the prohibition of affliction because otherwise it can’t be done—how will you perform the sacrificial service during the day? At night it’s already after Yom Kippur. But sacrificial meat can often be eaten at night too. That’s the first Mishnah in Berakhot, right? The burning of fats and limbs is valid all night, and eating is until midnight. So you don’t need to permit affliction generally; labor, yes. So what kind of challenge is this? It’s not because labor is more lenient, but because labor has to be permitted.

Maybe there is some initial thought here to say that perhaps the Torah should not have obligated us to bring sacrifices because that would involve permitting labor prohibitions. But then that spills into the question of what Yom Kippur is all about. Is the core of Yom Kippur the Temple service? It would make no sense to say such a thing—without that, it wouldn’t be Yom Kippur. But if the essence of Yom Kippur could exist also without the service—a meeting with the Holy One including our fasting and, as we discussed, our cessation—then perhaps there is room for such an initial thought: if labor is as severe as affliction, perhaps it too should not be permitted, and one should not require sacrifices. To the point that the designated man can even eat? I said, that’s a side comment in any case in the Talmud; I don’t know what to answer to that.

So does that mean that the derivation is that wherever there is service, even affliction is permitted? For apparently if the designated man can eat, that means that if it is overridden, you can set it aside. The same question I would ask there. Obviously—then I would say cancel the designated man as well. And indeed the designated man, who carries all the sins of Israel into the wilderness… You wanted to learn labor from affliction, right? So which is more severe? Meaning, if affliction can be suspended in a situation where otherwise it’s impossible—and not like in the Temple where you thought that because… No, in affliction they don’t suspend it because you can manage without suspending it. In affliction too, you can also manage. That’s in the Temple. But from there you see that when it conflicts, you can set it aside. And indeed it is permitted. But then it becomes difficult whichever way you look at it. The Talmud itself challenges and says that affliction has not been generally permitted. On the contrary, the designated man is a challenge—there too it was permitted where necessary. It was not permitted because there was no need. The sacrifices you can offer even without suspending affliction; that only strengthens the question. As I noted earlier, I don’t have an answer to that. I don’t know. But let’s leave it for now.

So I think what lies behind this—perhaps the only way to understand it—is that in truth the essence of Yom Kippur is not the sacrifices. Because if it were the sacrifices, what kind of challenge would this be? There is an initial thought here saying: then don’t obligate bringing a sacrifice, so you won’t have to permit labor prohibitions generally. Rather, if you do obligate bringing a sacrifice, apparently labor prohibitions are not such a big deal in your eyes. Affliction is the main thing. And if you remember, when we began the opening lecture I spoke about the section of “After the Death,” where entry into the holy requires all the Yom Kippur Temple service, right? And then the question is what is really the main point: the Yom Kippur service, or the cessation and the fasting. And I said that the service is indeed entry into the holy—that is the essence of the service. But Yom Kippur’s encounter with the Holy One can take place even without the service, as happens today when we have no Temple. And that is probably the idea in the other sources, not from the section of “After the Death.” And maybe that is what lies behind this challenge: that the challenge is really saying, wait, Yom Kippur itself did not have to require service. And if we remember that the section of “After the Death” talks about entering the holy, not about Yom Kippur itself, then there is no problem at all. When you enter the holy on an ordinary weekday, do it with the service—no problem. But when on Yom Kippur you need to cease, then leave it; give up the service dimension. Just as today, when we have no Temple, we give up the service dimension and still the day atones. But it says in the end that this is on Yom Kippur. And to that they ask: why not give it up? Exactly—that’s what they ask. Fine, so again, that’s just a remark.

The Talmud now proposes another source. So we rejected that—“one could challenge,” right? By the way, “one could challenge” itself leaves some room for discussion. “One could challenge” means it would be possible to challenge. It doesn’t say: but after all, affliction has no general permission exception. It does not state the challenge flatly. “One could challenge” means there is some hesitation in the Talmud’s language. I think it is not entirely decisive here that this is really a knockdown challenge. At least that is how the music of the Talmud sounds to me.

“Rather, the punishment regarding affliction need not be stated, for it could be learned from labor. Just as labor, which has a general permission exception, incurs karet, affliction, which has no general permission exception, all the more so. So why was it stated? To make it free.” In short, they reverse the whole thing. And of course they reject that too—this is a stacked game—because just as there is a leniency in labor, namely that it has a general permission exception, there is also a stringency in labor, namely that it applies on Sabbaths and festivals, whereas affliction does not. Right? So this is simply the reverse move from before. It’s didactic, but obviously it doesn’t work.

Ravina said: this Tanna derives “etzem, etzem”—“this very day,” “this very day.” It is free. Because if it were not free, one could challenge it as we challenged earlier. Meaning, there is a verbal analogy of “this very day” from labor to affliction. Fine? Now this is free. How do we know? The Talmud explains afterward, but it is free. Therefore one can make the verbal analogy. And here the Talmud continues: if it were not free, one could challenge it. Now that it is free, one cannot challenge it. Right? Therefore the freedom is needed.

So now we don’t need the a fortiori argument at all? The freedom here is apparently not based on the a fortiori argument. After all, we challenged the a fortiori argument. In a moment we’ll see where this freedom comes from. But here they say that a verbal analogy that is not free could be challenged. Earlier we said otherwise. Earlier we said that a verbal analogy that is not free cannot be made at all, not merely that one can challenge it. A verbal analogy that is free—challenging doesn’t help. But a verbal analogy that is not free, we simply do not make. What they did earlier was challenge the freedom, not the verbal analogy. The a fortiori argument created the freedom, and when they challenged the a fortiori argument, there was no freedom. But the assumption was that once there is a verbal analogy, there are no challenges to it. Challenges are not made against verbal analogies. From here it sounds otherwise. From here it sounds like this: a free verbal analogy cannot be challenged; a non-free verbal analogy can in principle be made, but if there is a challenge, then it can be challenged. Maybe “free” here means free on both sides, and “not free” means free only on one side? It’s not mentioned here. It sounds like freedom on one side—we’ll see in a moment.

The issue of the extension—the phrase “this very day” comes to exclude the extension. We said earlier that “on this very day” teaches that a person is not liable for the extension, if he failed to observe or did labor during the extension. So how can you say that it is free? Maybe he disagrees with what was said earlier. Good question. I really don’t know. One would have to look in the commentators around the Talmud; I didn’t look that much.

In any case, from here it seems somewhat unlike what we said earlier—that with a verbal analogy, if it is not free, one can challenge it, but as long as there is no challenge one can make it. “From where do we know that it is indeed free?” The Talmud says: five verses are written regarding labor. One for the daytime warning, one for the nighttime warning, one for the daytime punishment, one for the nighttime punishment, and one to free up. That one is superfluous, in order to derive from it regarding labor both by day and by night.

So the freedom here is not the same freedom we discussed before, because the freedom there would have made the fourth verse superfluous, not the fifth. Right? There is one for daytime warning, one for nighttime warning, right? One for daytime punishment, one for nighttime punishment. According to what we said before, the punishment itself is superfluous because it can be learned by an a fortiori argument. Right? Then not the fifth is superfluous; already the fourth—or the third and fourth—would be superfluous. So the freedom here is not freedom by force of that a fortiori argument; rather, there is simply something here that in fact teaches nothing because everything is already covered. That is what serves for the verbal analogy.

So the challenge stated above is, I think, the only place I know—again, I did not check this all the way through—the only place I know where a challenge is made to a verbal analogy. Again—what? Where is a challenge to a verbal analogy? Again, the Talmud says that if this were not free, then the challenge from above would knock down the verbal analogy. In the earlier section of the sugya, the challenge attacks the a fortiori argument and removes the freedom; that is fine, the challenge attacks an a fortiori argument, not a verbal analogy. But here the challenge attacks the verbal analogy itself—or would attack it were it not free. And since it is free, the challenge does not help. And from here it sounds unlike what we saw before. From here it sounds like a non-free verbal analogy can in principle be made, only that a challenge can knock it down. That is a major novelty; I don’t know another source for it. So that is what seems to emerge here from the Talmud. Again, I didn’t examine the surrounding literature very much; I’m just reading the plain sense of the Talmud right now.

One may need to look into the topic of freedom itself. No, the opposite. The Talmud says: since here it is free, we don’t need to search further. It says: since here it is free, therefore the challenge doesn’t knock down the verbal analogy. But that implies that in a place where there was a verbal analogy that was not free, in principle one could still make it—only if there were a challenge, then it would fall. And here, because it is free, even though there is a challenge, it does not fall. Okay?

This division between day and night is strange. Why on Sabbath don’t they ask where there is a prohibition of labor for the night and for the day? This division is very… Good question, although we do find it elsewhere. In Sukkot, for example, there is a distinction between day and night. And really not everywhere in the Torah does the night follow the day… Not everywhere in the Torah—only with sacred matters. Fine, in sacred matters. But regarding festival joy too there are separate sources for night as opposed to day. Some claim that at night there is no commandment of joy at all, only by day. There are distinctions. One really does need to understand why the Talmud here wants to distinguish between them. Maybe because there is some mixing here between sacred matters—that is, the Temple service—and labor and affliction, which are not sacred matters. So perhaps even the ordinary dimensions of Yom Kippur could have been learned from sacred matters, and there was room to distinguish between night and day. I don’t know.

In short, another source is then brought: Rabbi Yishmael taught: “Affliction” is stated here and “affliction” is stated elsewhere. Just as there there is no punishment unless there was warning, so too here there is no punishment unless there was warning. The affliction referred to there is the betrothed maiden; we won’t go into that here. But this is another derivation that there must be some warning. Another source: Acha bar Yaakov said that he derives “Sabbath of solemn rest” from the creation Sabbath. “Sabbath of solemn rest” is Yom Kippur. Just as there there is no punishment unless there was warning, so too here there is no punishment unless there was warning. All these sources, once again, go against Reish Lakish, because in all of them the wording is not that there is a warning, but that there is no punishment unless there was warning. Okay? They are not learning the existence of the warning itself; rather they reject the possibility of punishment without warning, as Reish Lakish wanted to say.

By the way, this makes it look a bit as though Reish Lakish really does disagree with all these sources, and is not merely an introduction as I suggested earlier, with these later sources complementing him. Rav Pappa said: it itself is called Sabbath, as it is written, “you shall observe your Sabbath.” Meaning, since it is called Sabbath, you say: it is Sabbath. Everything stated about Sabbath is stated here as well. This is a kind of, let’s call it, textual clarification. Not exactly a verbal analogy, but a clarification. It is called Sabbath. Not because here the word Sabbath appears and there the word Sabbath appears, and therefore all the laws from there apply here, but simply because the word Sabbath tells you that there is here a cessation like that of the regular Sabbath. Why not learn “Sabbath, Sabbath…”? Because this is even stronger—it is clarification.

It’s like at the beginning of tractate Kiddushin, page 3, where “acquisition” is learned from Ephron’s field. What does “acquisition” from Ephron’s field mean? Ritva there, and Tosafot—especially Ritva—notes that “acquisition, acquisition” from Ephron’s field does not mean a verbal analogy. It is a clarification. It clarifies for me the concept of acquisition; it is a dictionary. It’s not that here it says acquisition and there it says acquisition, therefore all the laws here apply there. For example “to her, to her,” the verbal analogy between a slave and a woman—that is a verbal analogy. We are not learning the meaning of the word “to her”; rather, because the same word appears here and there, all the laws that apply there apply here. But here we are discussing what “solemn rest” means—it’s simply a dictionary entry. Such a dictionary can even be made from verses in the Prophets, not only in the Torah. That’s what the medieval authorities say. “Zedekiah son of Chenaanah made for himself iron horns”—there in Bava Kamma 3b—that is a verse from the Prophets. And everyone asks: how can you make a verbal analogy from the Prophets? They answer: clarification can be made even from the Prophets. Why? Because it just teaches you what the word means; it’s not a verbal analogy. Here too, “Sabbath of solemn rest” is not really a verbal analogy. It simply tells you: this is a Sabbath, plain and simple. What do you want? Whatever there is in Sabbath there is here too. This too is Sabbath. Fine?

So all these sources are basically alternative sources to Reish Lakish. Exactly.

Now one more remark, and I really have to finish. One more remark regarding the positive commandment connected with labor. Until now we discussed the prohibition of affliction—that’s what we’ve done so far. Regarding the positive commandment of labor, let’s go back for a moment to Maimonides. Maimonides says that anything learned by derivation is rabbinic. And you cannot formulate a warning from it; there is no punishment unless there was warning. Okay? If there is a punishment verse, that is something else. What happens regarding a positive commandment? If I have a positive commandment learned by derivation—not a warning, not a prohibition, but a positive commandment—here there is room to hesitate. If I were learning from the rule that one does not formulate warnings by logical derivation, then for a positive commandment it isn’t a warning; after all there is no punishment for it. So perhaps as to the prohibition itself one could derive it logically; it just couldn’t serve as a basis for punishment. There is no warning here. But we saw that in Maimonides he says more than that. In the second principle, Maimonides says that something learned by derivation is rabbinic. Not merely that one does not punish for it—it simply is not a Torah prohibition at all; it is rabbinic. If so, then obviously that also applies to a positive commandment. Therefore with a positive commandment too there is no option to learn it from derivation. So if a positive commandment regarding labor is not written for us, the question returns: what do we now do with the positive commandment regarding labor? Here we do not even have the fallback that we had for the prohibition, namely that since there is a punishment verse, if we find a derivation for the warning that is enough. Because for a positive commandment there is no punishment, and the karet here is not for the positive commandment. So where is there, how can there be, a source for a positive commandment regarding labor? Yet Maimonides writes that there is a positive commandment regarding labor. Okay? That is an even harder question than the prohibition of affliction. Because for the prohibition of affliction there is a punishment verse, and when there is a punishment verse, a derivation can suffice. But for the positive commandment—if all we had was the rule that one does not formulate warnings by logic, I would say fine, that concerns warnings, not positive commandments. But according to Maimonides, why can one not formulate warnings by logic? Because something learned by logic is rabbinic. It’s not just a special rule about negative-commandment warnings; it’s rabbinic in general—it’s not Torah-level. So you cannot make a positive commandment out of it either, not only a prohibition. And for a positive commandment I have no punishment written in the Torah. So if there is no punishment, how can there be a positive commandment? Yet Maimonides’ view is that there is a positive commandment, right? And where is it learned from? From “Sabbath, Sabbath,” right? In Maimonides it says from “solemn rest”—we read that Maimonides. I think that is the conclusion of the sugya here. The first “solemn rest,” no? “Solemn rest” for washing and anointing and all that, and the extension of Sabbath—you know the first “solemn rest” says, because Sabbath is the main thing there, that “solemn rest” adds to it. And that is why Maimonides says, since “Sabbath of solemn rest” is written several times, apparently one instance is for labor and one is for affliction. And that is the conclusion of the sugya in Yoma that we just read. At the end Rav Pappa says that it is called Sabbath. “It is called Sabbath” means a clarification, not a verbal analogy. Whatever there is on Sabbath there is also on Yom Kippur: a positive commandment regarding labor, a prohibition regarding labor, whatever you found on Sabbath. No need for anything else. Right? That is Maimonides.

But if you saw the Avnei Nezer—I referred you to it in the email. Whoever, by the way, did not email me doesn’t get the emails, so whoever didn’t should send one, because I didn’t add him to the mailing list. So the Avnei Nezer there learns from the Talmud in Shabbat 114 that at least according to Rashi there is no positive commandment regarding labor on Yom Kippur. In my opinion he is wrong even according to Rashi; certainly it is not required by Rashi, but that is his claim. And the basis is what we said today, because indeed there is no verse and a derivation can’t help; there is no source for a positive commandment on Yom Kippur. In the Talmud there one could debate whether it really says this or not in Shabbat 114, but that is the basis. The basis is simply that there is no warning. But Maimonides who says—Maimonides who says that there is a positive commandment, and Maimonides’ view is that even a derivation here would not help—that is very difficult. We have no choice but to say that this is the conclusion of the Talmud in Yoma 81. “Solemn rest” is written; “solemn rest”—whatever there is on Sabbath there is also on Yom Kippur, including a positive commandment, including a prohibition, including everything. Okay?

So I’m not going to return to the Talmud in Shabbat 114 because that would already be too much—I lingered here too long. I’ll leave you with some of my summaries and then maybe you’ll be able to look there. Summaries for tomorrow? What do you mean summaries for tomorrow? Not tomorrow—for the afternoon lecture on Sunday. What do you mean tomorrow? What tomorrow? There is nothing tomorrow. On Thursday the lecture is on Yoma. On Thursday, the continuation of the lecture on Yoma.

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Yoma, Chapter 8, Lesson 4

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