We know that in order to recive makkos you need two kosher witnesses and warning before the person does the negitive commandment
Qu do you need to tell him which negitive command he is trasgressing. if he ate a ant do you have to tell him that he will be over 5 different negative commandment and tell him each verse that he is transgressing or is it enough to tell him if he eats this ant you will get 5 sets of lashes
the same for Shabbos if he does two or three different av malachos do you need to tell him which specific melacha he did or is it enough to tell him if you do these three malachois you will receive three sets of chatos (if warned then not by accident, mabe not good example)
menachem friederwitzer, jerusalam
Hi Menachem,
Your question is a somewhat complex one, and the two cases you asked about are also complex, each in its own right.
Regarding the Hasra'a about the Issur of eating an ant. It is appropriate to preface the Machlokes between the Rambam and the Ramban, in Sefer Ha'Mitzvot (Shoresh 9). The Rambam believes that a person should not get Malkos for the same Issur more than once, and even if it is written in the Torah several times to forbid a certain act, he will only get Malkos, once. The Ramban disagrees and says that the one can be Like for the same Issur several times. There is another dispute regarding the Gemara that you brought about eating an ant and getting Malkos several times. Is it about the same Issur written in the Torah several times and according to the Ramban's method one can get Malkos several times for the same Issur, or are they different Issurim, which are all grouped together in the case of an ant. The Rambam says that an ant is also a type of the Sheretz ha'Of, and also the Sheretz ha'Adama and adds some more Issurim. (See Hilchos Maachalos Asuros 2, 23, see also the Raved there, who is not sure how an ant has wings!). According to the Rambam, it is clear that all types of Lav'im must be mentioned in the warning, since each Lav is a different prohibition. The question arises according to the Ramban in the case a person is Over on a Lav that is mentioned several times. It seems simple to me that even according to the Ramban, the person who is giving the Hasra'a should let the person committing the Issur that the Torah says this Issur a certain number of times, so it is clear to this person that he is Over fiveIssurim, even if they are the same.
As for Shabbat, here too there is complexity, although in a different way. The Torah does not specify the prohibitions of Shabbat, but there is one law of "Lo Ta'ase Koi Melacha". Chazal taught us about the division of 29 Melachos Shabbas, and known. These Melachos are also divided into Av and Tolados. In the Gemara in several places, it seems that it is necessary to make a Hasra'a in the name of the specific Issur that this person is about to be Over. The Gemara asks in several places, "be'Mai Martian Beih?" This shows, and as many Rishonim say, the particular prohibition of the 29 Melachos should be specified. (There is a separate issue, if it is possible to give an Hasra'a for a Tolada, by mentioning the Issur of the Av, and vice versa). The Mischas Chinuch asks, since it is always enough to mention the prohibition as stated in the Torah, why then on Shabbas is it important to mention exactly which of the Shabbas Issurim the person violates. Some of the Achronim say that on Shabbas there is an exception to other prohibitions, and learn this from a special verse, but there is no consensus around a good answer to this question.
Bottom line, it should be said, as the Gemara and many Rishonim say, that the specific name of the particular Issur should be mentioned in the Hasra'a.
I hope this helps,
Aharon Steiner