תּלמוד אויף דברים 5:11

This is the principle¹⁶⁶Babli 21a, Makkot16a, Temurah3a. In the Babli the formulation of this (undisputed) principle is attributed to R. Yose the Galilean.: One flogs for any prohibition involving an action, but one does not flog if there is no action except for one who substitutes¹⁶⁷Before an animal can be sacrificed, it has to be sanctified by dedication (Lev. 27:9). Once sanctified, it is forbidden to substitute another animal (v. 10). If somebody would substitute, both the original and the substitute are dedicated. Therefore the oral declaration of substitution is at the same time the real act of sanctification which makes the animal prohibited for all profane use. This argument is not found in the Babli., or swears, or curses a fellow man by the Name. Rebbi Abbahu in the name of Rebbi Joḥanan: This does not include one who substitutes; substituting implies speech and action¹⁶⁷Before an animal can be sacrificed, it has to be sanctified by dedication (Lev. 27:9). Once sanctified, it is forbidden to substitute another animal (v. 10). If somebody would substitute, both the original and the substitute are dedicated. Therefore the oral declaration of substitution is at the same time the real act of sanctification which makes the animal prohibited for all profane use. This argument is not found in the Babli.. From where one who swears falsely? Rebbi Joḥanan in the name of Rebbi Yannai: For the Eternal will not cleanse; but the judges will cleanse him¹⁶⁸Ex.20:7, Deut. 5:11. As the Babli explains, if the verse simply had said “he will not be cleansed”, then a vain or false oath would be an unpardonable sin. But since it said, the Eternal will not cleanse, it implies that punishment by the earthly court will remove the sin from the Heavenly ledger.. From where one who cursed his fellow man by the Name? Rebbi Simeon ben Laqish in the name of Rebbi Hoshaia: To fear the Name¹⁶⁹Deut. 28:58. While the language is that of a positive commandment, the context shows that its violation is punishable., etc. The one who swears falsely in the opinion of Rebbi Simeon ben Laqish from where? Since he swore falsely, he does not fear. The one who cursed his fellow man by the Name in the opinion of Rebbi Simeon ben Laqish from where? Since he cursed, he does not fear. What is the difference between them? If one swore falsely and cursed a fellow man by the Name. In Rebbi Joḥanan’s opinion he is liable for two [punishments]¹⁷⁰Since the two offenses violate two different prohibitions. But for R. Simeon ben Laqish they are repeated violation of the same law, punishable only once.. In Rebbi Simeon ben Laqish’s opinion he is only liable for one.

What is the meaning of the phrase "they are one" It means that they were said in one utterance as we find in the Torah Whereas in (Exodus 20:7) it says "remember", its parallel (Deuteronomy 5:11) reads "observe." This is to teach that both words were said in a single utterance, one that human mouth can't utter, and one that a human ear can't hear.

But, said Raba, [the correct reason why they have to "sanctify" the Sabbath is because] the Scriptures declare, "Remember the Sabbath day to keep it holy" (Exod. xx. 8) and "Observe the Sabbath to keep it holy" (Deut. v. 12) — everyone who has to "observe" must likewise "remember"; and since women must "observe," so must they "remember."