La Bible Hébreu
La Bible Hébreu

Halakhah sur Les Nombres 6:4

כֹּ֖ל יְמֵ֣י נִזְר֑וֹ מִכֹּל֩ אֲשֶׁ֨ר יֵעָשֶׂ֜ה מִגֶּ֣פֶן הַיַּ֗יִן מֵחַרְצַנִּ֛ים וְעַד־זָ֖ג לֹ֥א יֹאכֵֽל׃

Tout le temps de son abstinence, il ne mangera d’aucun produit de la vigne, depuis les pépins jusqu’à l’enveloppe.

Sefer HaChinukh

However, regarding the matter of lashes, there is a difference between [the examples]. As all those [simply] specified in one negative commandment only receive one [set of] lashes - for example, "the wage of a harlot and the price of a dog"(Deuteronomy 23:19); and "leaven and [...] honey" (Leviticus 2:11); "the case of a stranger [or] an orphan" (Deuteronomy 24:17), and all that is similar to them. But the negative commandments that [also] have a general category and are specified at the beginning or end [of the category] - for example, this negative commandment that specified "uncooked and boiled" and is [then] generalized, "Do not eat [...] but only roasted with fire"; and so [too], with a nazerite (Numbers 6:4), "from anything that is obtained from the grapevine [...] may he not eat," and afterwards it specifies, "seeds [...] or skin," ('and grapes wet and dry,' Numbers 6:3) - with these and those similar to them, we give lashes for each and every one. [This is] because the inclusion of the specification that was not needed, indicates lashes for each one [of them], as we have said. And the teacher was prolific in his proofs about this in the ninth shoresh in his Book of the Commandments - that the calculation of commandments is not the same as the calculation of [which commandments require] lashes [independently]. And that which I have said that Ramban, may his memory be blessed, will count each of the ones specified by their names individually - each one by itself - only when they are separate in their content, as we have written; [it] is, for example, [in the case of] 'leaven and honey,' [and] 'the wage and the price.' But in a case where it is the same content - even if they are specified by different names - they are only counted as one commandment. For example, "All male first-borns that are born in your herd and in your flock" (Deuteronomy 15:19) is only one commandment to sanctify all of the first-borns; and the specification is [also] only one commandment. And so [too], "All tithes of the herd or flock" (Leviticus 27:32) is only one commandment to separate to give the tithes of these animals. And so [too], "Judges and officers" (Deuteronomy 16:18) is only that we should establish justice through these people and it is one commandment. And so [too], "An honest balance, honest weights, an honest ephah, and an honest hin" (Leviticus 19:36) is all one commandment, that we should not lie about measures.
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Sefer HaMitzvot

The second type is when one negative commandment comes to forbid several matters that are connected to one another - and that is that He says, "Do not do such and such." And this type is divided into two divisions. For included in it is that about which they said in the Talmud, that he is liable for lashes on each and every one of the connected matters. But [also] included in it is that about which they said that he is only liable once, since it is a general negative commandment. And those negative commandments about which they explained that one is liable for each and every one of them - they are the ones that we count each and every one as a separate commandment; whereas that about which they explained that one is only liable once for all of them is counted as a single commandment. This is according to that which we established in this principle - that under no circumstances is one given two [sets of] lashes for one negative commandment . So when, in the explanation, they made one liable for each and every connected matter - to give lashes for each and every one of them when they were all done at once, to give several [sets of] lashes - we perforce know that they are several categories; and that each one should be counted separately. And I will mention several examples from both divisions until the intended matter becomes totally clear. And that is His, may He be blessed, saying, about the lamb of the Pesach sacrifice, "Do not eat any of it raw or boiled in any way with water" (Exodus 12:9) - a negative commandment, which we count as one commandment. And we don't count, do not eat it raw, as one commandment; and do not eat it boiled, as another commandment. For He did not specify a separate negative commandment for each matter, to say "Do not eat any of it raw; and not boiled in any way" - but rather one negative commandment came to include both matters; and the one matter was appended to the other. And in the second chapter of Pesachim (Pesachim 41b), they said, "Abbaye said, 'If he ate it raw, he is given two [sets of] lashes; raw and boiled, he is given three." And that is because he holds that we give [distinct sets of] lashes for general negative commandments. So when he ate it raw, he transgressed two negative commandments: One of them is, "Do not eat any of it raw"; and the second [set of] lashes is from the general principle - as He is saying, do not eat it when it is not roasted, and he has already eaten it when it is not roasted. And according to his opinion, when he eats it raw and boiled, he gets three [sets of lashes] - one because he ate it raw; the second because he ate it boiled; and the third because he ate it when it was not roasted. And over there, they said about this statement, "But Rava said, 'One does not receive lashes for a general negative commandment.' Some say, at any rate, one [set of] lashes he does receive. And some say he does not receive even one [set of] lashes, as the negative commandment he transgressed is not specific to it, as is the negative commandment against muzzling." That means to say, like that which He, may be exalted, said (Deuteronomy 25:4), "You shall not muzzle an ox while it is threshing" - which is one negative commandment that prohibits one matter. However for this negative commandment, which prohibits two things - raw and boiled - we do not give lashes. And you already know that it was clarified in the Gemara (Sanhedrin 63a), that we do not give lashes for a general negative commandment. And hence the statement of Abbaye is rejected; and the truth is that he is given one [set of] lashes: Whether he ate any of it raw and boiled, [just] raw or [just] boiled, he is only given one [set of] lashes. And so we shall count His, may He be exalted, saying, "Do not eat any of it raw or boiled," as one commandment. And there, it is also stated, "Abbaye said, '[If a nazirite] ate a grape skin, he receives two [sets of lashes]; a grape pit, he receives two; a grape skin and a grape pit, he receives three. But Rava said, 'One does not receive lashes for a general negative commandment'" - meaning to say, "from anything that is obtained from the grapevine" (Numbers 6:4), for which Abbaye thinks we give lashes. And they also said in the fifth chapter of Menachot (Menachot 58b), "One who offers leaven and honey on the altar - Abbaye says, 'He receives lashes on account of leaven; he receives lashes on account of honey; he receives lashes on account of a mixture of leaven; and he receives lashes on account of a mixture of honey'" - meaning to say that His saying (Leviticus 2:11), "any," is including two things: That he not offer it by itself; and that he not offer a mixture of it, whatever the quantity [of what is mixed with it] may be. And this is all according to the principle of his approach - as he holds that we give [distinct sets of] lashes for general negative commandments. And it is stated there, "But Rava said, 'One does not receive lashes for a general negative commandment.' Some say, at any rate, one [set of] lashes he does receive. And some say he does not receive even one set of lashes, as the negative commandment he transgressed is not specific to it, as is the negative commandment against muzzling."
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Sefer HaChinukh

That the nazirite not eat the seeds of the grapes: That the nazirite not eat the seed of the grapes, as it is stated (Numbers 6:4), "from the seeds to the skin shall he not eat." All of its content is in the previous commandments. And if he ate a kazayit of them, he is lashed.
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Sefer HaChinukh

That the nazirite not eat the peel of the grapes: That the nazirite not eat the peel of the grapes, as it is stated (Numbers 6:4), "to the zag shall he not eat" - and the understanding of zag is the peel. All of its content is in the previous commandments. And if he ate a kazayit of them, he is lashed. And the warnings in the distancing of wine are multiplied, since there is a great power in everything that comes out of the vine to magnify the [evil] impulse. And this is well-known to the wise men of science.
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