David Wiseman asks:
Please clarify the answer #1 to the implied question. Where exactly do we see in the conclusion of our gemara here Shev 3b) that R' Yishmael can hold that there is no malkos for a lav shein bo maaseh.
Thank you
David Wiseman, Dallas, TX
The Kollel replies:
Dear David,
On Daf 4a, the Gemara explains that even though Rebbi Yishmael had one Stam Mishnah that there is Makos, he afterwards learned a different Stam Mishnah (end of 3b, "Shevu'ah she'Lo Ochel Kikar") that implies that there is no Makos in a case of "Ein Bo Ma'aseh." Accordingly, the Mishnah of "Elu Hen ha'Lokin" is not difficult.
All the best,
Reuven Weiner