Talmud - Pesahim 41b פסחים מ״א ב׳

he receives two sets of lashes, for violating the prohibitions: “You shall not eat it partially roasted” (Exodus 12:9) and: “You shall only eat it…roasted with fire” (Exodus 12:9). One who ate it boiled receives two sets of lashes, for the prohibitions: “Nor shall it be boiled in any way in water” (Exodus 12:9), and “You shall only eat it…roasted with fire.” One who ate the Paschal lamb after it had been partially roasted and then boiled receives three sets of lashes, for eating the Paschal lamb partially roasted, for eating it boiled, and for failing to eat it roasted.

Abaye said: One does not receive lashes for a prohibition stated in general terms. The prohibition inferred from the verse "You shall only eat it...roasted in fire" includes many types of cooking, and one is not punished with lashes for violating this mitzva, as it is a general prohibition that includes meat cooked in several different ways.

Some say that Abaye said: It is two sets of lashes that he does not receive, as the mitzva that the Paschal lamb be roasted with fire does not add to the specific prohibitions against eating it partially roasted or cooked. However, at any rate one set of lashes he does receive. Therefore, one who prepared a Paschal lamb without properly cooking it but without roasting it is punished with lashes for failing to roast it “with fire.”

Some say that one does not receive even one set of lashes for violating this prohibition, as the prohibition he transgressed is not specific to one matter, like the prohibition against muzzling. The principle that one is liable to receive lashes for violating a prohibition is derived from the juxtaposition of the mitzva: “You shall not muzzle an ox while it treads out the corn” (Deuteronomy 25:4) with the verses that deal with lashes. It is inferred from this juxtaposition that one is not liable to receive lashes for violating prohibitions that are dissimilar to that of muzzling, e.g., a prohibition that is not specific to one matter.

The Gemara cites a parallel dispute with regard to a different halakha. Rava said: If a nazirite ate a grape skin he receives two sets of lashes, as the verse states: “All the days that he is a nazirite he shall eat nothing that is made of the grapevine; from pressed grapes to a grape pit he shall not eat” (Numbers 6:4). He receives two sets of lashes, one for eating food that grew on a grapevine and one for consuming the skin of a grape. Likewise, if he ate a grape pit he receives two sets of lashes, one for eating a grape pit and the other for eating a grape product. If he ate a grape skin and a grape pit he receives three sets of lashes, one for eating the grape skin, one for eating the grape pit, and the third for eating a grape product.

Abaye said: As with regard to the Paschal lamb, one does not receive lashes for a prohibition stated in general terms. Some say that according to Abaye, it is two sets of lashes that he does not receive; however, at any rate one set of lashes he does receive. And some say: One does not receive even one set of lashes for transgressing this prohibition, as the prohibition he transgressed is not specific to one matter, like the prohibition against muzzling.

The Sages taught: If one ate a partially roasted olive-bulk of the Paschal lamb while it was still day on the fourteenth of Nisan, he is exempt. If he ate a partially roasted olive-bulk after dark, he is liable to receive lashes. If he ate a roasted olive-bulk of the Paschal lamb while it was still day on the fourteenth of Nisan, he has not disqualified himself from his group. Once he has started eating the offering, he may not leave the group he joined that arranged to partake together of a single Paschal lamb. Nevertheless, this case is different, as he began eating before the obligation to eat the Paschal lamb went into effect, and therefore he has not disqualified himself from his group by eating the Paschal lamb of another group. However, if he ate a roasted olive-bulk after dark, when he is obligated to eat the Paschal lamb, he disqualifies himself from the group he had joined.

It was taught in another baraita: I might have thought that one who eats a partially roasted olive-bulk of the Paschal lamb while it was still day is liable to receive lashes. And this is a logical derivation by means of an a fortiori inference: If at the time when one is included in the mitzva to arise and eat the roasted Paschal lamb, he is also included in the prohibition not to eat it partially roasted, then at a time when one is not included in the mitzva to arise and eat the roasted Paschal lamb, isn’t it right that he should be included in the prohibition not to eat it partially roasted?

Or perhaps this is not the case, as the opposite can be stated: At the time when one is not included in the mitzva to arise and eat the roasted Paschal lamb, he is included in the prohibition not to eat it partially roasted. However, at a time when one is included in the mitzva to arise and eat the roasted Paschal lamb, he is not included in the prohibition not to eat it partially roasted, as the prohibition applies only before one is permitted to eat the Paschal lamb.

The Gemara adds: And do not be confounded by this suggestion, as the prohibition against eating from the Paschal lamb is relaxed because of special circumstances with regard to roasted meat. Before nightfall of the fifteenth of Nisan it is prohibited to eat the Paschal lamb regardless of how it was prepared, but once it grows dark it is permitted to eat it roasted. Perhaps the relaxation of this prohibition indicates that one who eats a partially roasted Paschal lamb after nightfall also does not violate a transgression.

Therefore, the verse states: “You shall not eat it partially roasted, nor boiled in any way [bashel mevushal] in water, but roasted with fire” (Exodus 12:9). As there is no need for the verse to state: “Roasted with fire,” since the previous verse already said: “On this night you shall eat the meat roasted with fire” (Exodus 12:8), what then is the meaning when the second verse states: “Roasted with fire”? This verse comes to tell you that at the time when one is included in the mitzva to arise and eat the roasted Paschal lamb, he is also included in the prohibition not to eat it partially roasted, whereas at a time when one is not included in the mitzva to arise and eat the roasted Paschal lamb, he is not included in the prohibition not to eat it partially roasted either.

Rabbi Yehuda HaNasi says: I could have simply read “boiled [bashel],” as this word suffices to teach that eating a boiled Paschal lamb is prohibited after dark. What is the meaning when the verse states the seemingly superfluous word mevushal, which also means boiled? These two words together are translated as “boiled in any way.” As I might have thought that I have only derived that this prohibition applies when it was boiled after dark, when the obligation to eat the Paschal lamb is in effect. From where do I derive that one is liable if he boils it while it was still day? The verse states the inclusive phrase bashel mevushal, which teaches that this prohibition applies in any case.

The Gemara asks: But Rabbi Yehuda HaNasi himself derived from the expression “bashel mevushal” the prohibition against roasting the meat of the Paschal lamb in a pot, i.e., cooking the meat in a pot without the addition of liquids, and the prohibition against boiling it with other liquids. How can he derive another halakha from this same phrase?

The Gemara answers: If so, i.e., if this verse is referring only to the matter of cooking meat with other liquids or without any liquids, let the verse say either “bashel bashel” or “mevushal mevushal,” and one halakha would be derived from the extraneous word. What is derived from the varied wording “bashel mevushal”? Learn from this verse two halakhot, one with regard to the manner of the cooking of the Paschal lamb, and the other concerning the time of its cooking.

The Sages taught: If one ate from a roasted Paschal lamb when it was still day, he is liable to receive lashes, and likewise if one ate after dark an olive-bulk that was partially roasted, he is liable to receive lashes.

This baraita taught that the case of roasted meat is similar to the case of partially roasted meat: Just as one who consumes partially roasted meat is in violation of a prohibition, so too, one who consumes this roasted meat while it is still day is in violation of a prohibition.

The Gemara asks: Granted, with regard to partially roasted meat, it is written: “You shall not eat it partially roasted” (Exodus 12:9). However, with regard to meat that has been roasted, from where do we derive that one who eats it before the proper time has committed a transgression?

The Gemara answers: As it is written: “And they shall eat the meat on that night, roasted with fire, and matzot; with bitter herbs they shall eat it” (Exodus 12:8). The Gemara derives from this verse: At night, yes, the Paschal lamb may be eaten; however, by day, no, it may not be eaten in any manner.

The Gemara asks: This is a prohibition that comes by inference from a positive mitzva, i.e., it is not stated in the Torah in the form of a prohibition. There is a principle that every prohibition that comes by inference from a positive mitzva is classified as a positive mitzva. One who transgresses a mitzva of this kind is considered to have transgressed a positive mitzva, not a prohibition.

The Gemara answers that Rav Ḥisda said: In accordance with whose opinion is this baraita?

Traduction : The William Davidson digital edition of the Koren Noé Talmud, with commentary by Rabbi Adin Even-Israel Steinsaltz.

Pesachim 41b examines lashes for eating the Paschal lamb undercooked or boiled, and debates whether general prohibitions incur punishment.