The Rambam paskins (Avodah Zarah 12,12) like Rav Yosi that Seritah and Gedida are the same. The Rivan and Ritva explain, therefore, that one would be over 2 lavin. The Rambam, however, says he would only be chayiv malkos once, according to the Lechem Mishna.
(a) I do not understand the Lechem Mishna's distinction in the Rambam's p'sak - where someone violates different lavin in one action, he will only be chayiv one set of malkos. The Lechem Mishna brings the example of eating a bug where the Rambam WOULD say he would be chayiv multiple times, but says here (seritah and gedida) is different. What is the difference?
(b) And by hilchos Lo Takifu by peyos, the Rambam says he would be chayiv twice for one action and one hasra'ah (a separate lav for each peah). What about his klal of not being chayiv twice for one action?
Thank you,
Ari Rosenstein, Ramat Beit Shemesh, Israel
(a) The Rambam in Sefer ha'Mitzvos (Shoresh 9) explains at length that even if a Lav is written more than once in the Torah, we only count a repetition as a separate Lav if it has a different definition than the first Lav. That means that in order to be counted as two Lavim, the different Pesukim will have to forbid different things. This does not mean that they cannot overlap, but that they must each forbid something the other does not. Therefore, when the Torah repeats the same Lav twice and there is no difference between the two Lavim, the Rambam only counts the two Pesukim as one Lav, hence there is only one set of Malkos.
In the case of the insects, the Rambam explains (Sefer ha'Mitzvos Lav 179) that even though the Pesukim that forbid insects seem to be repetitious, and should only be counted as one Lav, in fact each one is necessary to forbid a different type of insect. For example flying insects and crawling insects. Therefore, if someone happened to eat a single insect that bore all the attributes of each one of the separate Lavim of insects he would get Malkos for each one of these separate Lavim. However, even though there are two Pesukim which forbid cutting oneself, since they do not forbid different things, they are only counted as one Lav and are only m'Chayeiv one set of Malkos.
(b) Each Pei'ah is an Isur by itself, and is to be compared with a person who cuts himself twice, who in fact gets two sets of Malkos (Rambam Avodah Zarah 12:12).
Dov Freedman