Sanhedrin Chart #14

Chart for Sanhedrin Daf 65a-b

WHAT SIN IS CONSIDERED ONE THAT HAS A "MA'ASEH," AND WHAT SIN IS CONSIDERED ONE THAT DOES NOT HAVE A "MA'ASEH"?

(With Regard To The Chiyuv To Bring A Chatas Or To Receive Malkus)

(A)
RABANAN
(B)
REBBI AKIVA
1) BURNING INCENSE
(MEKATER, to a Shed or Chaver)
Chayav (1) Chayav
2) BOWING
(to Avodah Zarah)
R. Yochanan: Chayav
Reish Lakish: Patur
Chayav
3) FLAPPING ONE'S ARMS
(in order to perform Kishuf with Ov)
R. Yochanan: Chayav (2)
Reish Lakish: Patur
Chayav
4a) MOVING ONE'S LIPS
(such as to stop an animal from eating, or to make a Temurah)
R. Yochanan: Chayav (3)
Reish Lakish: Patur
Chayav
4b) MOVING ONE'S LIPS
(such as Megadef and Edim Zomemim)
Patur (4) Chayav (5)
5) KISHUF WITHOUT ANY ACT
(through Yid'oni) (6)
Patur R. Yochanan: Chayav
Reish Lakish: Patur
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FOOTNOTES:

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(1) "Mekater l'Chaver" is the "Ov" of the Mishnah in Kerisus (2a), for which the Rabanan maintain that one is Chayav, according to Reish Lakish.

(2) "Hakashas Zero'osav" is the "Ov" of the Mishnah in Kerisus (2a), for which the Rabanan maintain that one is Chayav, according to Rebbi Yochanan.

(3) According to TOSFOS (65b, DH Ho'il), "Akimas Sefasav" is not considered a Ma'aseh according to Rebbi Yochanan, except when an action is achieved by the person's speech, such as is the case when stopping an animal from eating while threshing, where one causes the animal to lift its head by yelling at it, or Temurah, where one causes an animal to become sanctified through his speech. (Similarly, in the case of Edim Zomemim, the witnesses' speech achieves an action -- the sentencing of the defendant. However, the fact that a witness is "Yeshno b'Re'iyah" annuls the Ma'aseh.) According to RASHI, Rebbi Yochanan considers all speech to be a Ma'aseh, even when no actual Ma'aseh is achieved through the speech.

(4) In these cases, Rebbi Yochanan agrees that speaking is not considered a Ma'aseh, and they are Patur. Edim Zomemim are Patur because "Yeshno b'Re'iyah" (some texts have the Girsa, "Yeshno b'Ayah," and others have the Girsa, "Yeshno b'Im"), and Megadef is Patur because his speech is not considered a Ma'aseh since the sin is "Yeshno b'Lev." (This is according to the Girsa of Rashi. According to Tosfos (DH Ho'il), a Megadef is Patur without this reason, since his speech does not achieve any Ma'aseh, as mentioned in the previous footnote.)

(5) Rebbi Akiva is Mechayev a Megadef (Mishnah, Kerisus 2a).

(6) Rashi (DH Reish Lakish) explains that in the case of a Yid'oni, after he places the bone into his mouth, he does no other Ma'aseh. The bone begins to speak on its own (as Rashi writes on the Mishnah).

(7) According to Reish Lakish, Rebbi Akiva agrees that a Ma'aseh is necessary in order to be Mechayev a Korban. However, he holds that it suffices to have a "small Ma'aseh." According to Rebbi Yochanan, Rebbi Akiva does not require even a "small Ma'aseh," but rather even without any Ma'aseh, he is Chayav.

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