Halakhah su Deuteronomio 12:17

And after it has been explained that His saying, "Do not eat any of it raw or boiled" is [only] one commandment; and likewise all of the negative commandments that arise from the prohibition for the nazirite of all that comes out from the vine are one commandment, since they are all details, as is explained in the Gemara; and they likewise said that, "any leaven and any honey," is one commandment - we should also count, "No Ammonite or Moabite shall be admitted" (Deuteronomy 23:4), as one commandment. And likewise, His saying, "You shall not ill-treat any widow or orphan" (Exodus 22:21). And likewise, His saying, "You shall not subvert the rights of the stranger or the orphan" (Deuteronomy 24:17). And likewise, His saying, "he may not diminish her food, her clothing or her conjugal rights" (Exodus 21:10). Each of these negative commandments is one commandment. This means to say that each of these is exactly like, "Do not eat any of it raw or boiled in any way," and like, "for no leaven or honey may be turned into smoke as an offering." There is no difference between them. And likewise, His saying, "You shall not bring the fee of a prostitute or the sale revenue of a dog" (Deuteronomy 23:19), is one commandment. And likewise, His saying, "Drink no wine or other intoxicant, etc. And to differentiate [...] And to instruct" (Leviticus 9-11). That is to say, with one negative commandment did He prohibit [a priest] to enter the Sanctuary or to give instruction while drunk. And that is one of the divisions of the second type of general negative commandments. And the second division is [made up of cases with] words exactly like those of the previous division. However [in such cases], it is the traditionally received explanation that we give separate lashes for each and every one of those connected matters. And that is that when he does them all - even at one time - he is given lashes for each and every one as a distinct prohibition. Of this type is His saying, "You may not eat within your gates of the tithes of your new grain or your wine or your oil" (Deuteronomy 12:17). They said in Keritot (Keritot 4b), "[If one] ate the tithe of grain, wine, and oil (outside Jerusalem), he is liable [separately] for each and every one." And they raised a difficulty and said, "But is one given lashes for a general negative commandment?" And the answer was, "The verse is written superfluously. How is this? It is written, 'And you shall eat before the Lord your God, in the place where He shall choose to cause His name to dwell there, the tithe of your grain, etc.' (Deuteronomy 14:23); why did He need to come back and write, 'You may not eat within your gates?' And if you shall say that it is to [make it into a full-fledged] negative commandment - if so, let the verse say, 'You may not eat them within your gates.' Why did the verse need to go back and write all of them ('your new grain or your wine or your oil')? We hear from this, that it is to separate [it into three distinct commandments]." And there, after give and take, it is clarified that it was not necessary for Him to say, "and parched grain" (Leviticus 23:14), such that it was truly mentioned to separate - that one would be liable for parched grain on its own. And in the Talmud, they asked by way of rejection, "Maybe one is separately liable to receive lashes for parched grain" - for it is truly mentioned for this - "whereas for bread and fresh stalks, one is [only] liable for one [set of] lashes?" So they answered, "For what law did the Merciful One write, 'parched grain,' in between [the others]? To tell you that one who eats bread, parched grain and fresh stalks is liable for each and every one [individually]."

And [it] is practiced at the time of the [Temple] by males and females. And one who transgresses it and ate or benefited [the value of] a small coin from the consecrated by the execution of an act volitionally is lashed and only pays what he lessened from the consecrated, since volitional transgression does not have the addition of a fifth. And the warning of misappropriation to administer lashes upon him is from that which is written (Deuteronomy 12:17), "You may not eat in your gates," and as we will write with God's help in the Order of Reeh. [But if] he misappropriated inadvertently he pays that which he benefited from, adds a fifth and brings a sacrifice, as we have written.

That He prohibited us from eating tevel - and that is [produce] from which the priestly tithe and the [other] tithes have not been separated. And that is His saying, "And they shall not desecrate the consecrated items of the Children of Israel which they will set apart" (Leviticus 22:15). And one who transgresses this negative commandment - that he ate tevel - is liable for death at the hands of the Heavens. And the hint to this is surely His saying, "and they shall not desecrate"; and saying with the priestly tithe, "and the consecrated things of the Children of Israel, you must not desecrate" (Numbers 18:32). And it is learned [from the use of the same word,] desecrate with the priestly tithe, [the eating of] which is an iniquity [punished by] death, as we have explained. And the language of the Gemara, Sanhedrin (Sanhedrin 83a), is, "From where [do we know that] one who eats tevel is punished with death? As it is stated, 'They shall not desecrate the consecrated items of the Children of Israel' - that they are to give the Lord in the future." And that is from [the continuation of the verse], "which they will set apart." And after this verse, He said, "And so cause them to bear the iniquity of the guilt" (Leviticus 22:16). And in the Gemara in Makkot (Makkot 16b), they said, "One might have thought that one is liable for eating only tevel from which no gifts were taken at all; [but if] the great priestly tithe was separated from it, but the priestly tithe of the tithe was not separated from it, or if the priestly tithe of the tithe was separated but not the first tithe, or if the first tithe was separated but not the second tithe, or [even] if only poor man’s tithe [was not separated] - from where [do we know it]? [Hence] we learn to say, 'You may not eat within your gates' (Deuteronomy 12:17); and there it states, 'and they shall eat within your gates and be satisfied' (Deuteronomy 26:12). Just as there, it is [referring to] poor man’s tithe, here too, it is [referring to] poor man’s tithe - and the [Torah] said, 'You may not.'" However this is [talking about] lashes. And the iniquity [punished with] death is only with the great priestly tithe and the priestly tithe from the tithe. For one who eats the first tithe, before the priestly tithe from the tithe has been separated, is liable for death. And that is His saying to the Levites, when He commanded to separate the tithe from the tithe, "and the consecrated things of the Children of Israel, you must not desecrate so that you not die." As this is the prohibition about eating the tithe while it is tevel. Hence one is liable for death because of it, as is explained in Demai. And also understood from this is that one who eats tevel before the great priestly tithe and the priestly tithe from the tithe were separated from it, is liable for death; and its prohibition is from, "and the consecrated things of the Children of Israel, you must not desecrate" - as I have explained in this commandment. But one who eats tevel after the separation of the great priestly tithe, but before the separation of all the [other] tithes, is liable for lashes; and its prohibition is from, "You may not eat within your gates." And hold on to this and do not err about it. And the regulations of this commandment - meaning tevel - have already been explained in [various] places in Demai and in Terumot. (See Parashat Emor; Mishneh Torah, Forbidden Foods 10.)