efraim goldstein asked:
the gemarah states "hu she lo asa ma'ase.. " rashi adds, explains, "dibur bealmah" it seems to be in contradiction to the sugya in sanhedrin of HAZMANA MILSA. there we conclude that dibur is a form of ma'ase - otherwise how can one give malkos in a case of ein bo maase Does any body address this issue here in makos??
once again thank you for being there (electronically)
may you be zoche to continue your amazing work
efraim goldstein, Queens, NY, USA
The Kollel replies:
Efraim,
The Ritva here (2b) discusses a related point. He writes that even if "Akimas Sefasayim" is considered a Ma'aseh, it is certainly less of a Ma'aseh than actually killing, and therefore the Kal va'Chomer is valid. (See also his second answer and Aruch la'Ner there.)
M. Kornfeld