Daily Mitzvah (Rambam)

The 193rd prohibition is that we are forbidden from eating a mixture of species only1 when planted in a vineyard.

The source of this prohibition is G‑d's statement2 (exalted be He), "[Do not plant mixed species in your vineyard] lest the additional growth [of the vine] and the seeds become prohibited [tikdosh]."

The Oral Tradition3 explains that the phrase pen tikdosh ["lest it become prohibited"] also implies, pen tukad aish ["lest you cause it to be burnt in fire"], i.e., that it is forbidden to derive any benefit from them.

You have already learned the principle,4 "Every case where the Torah writes hishomer (be careful), pen (lest) or al (do not) indicates a prohibition."5

In the second chapter of Pesachim,6 our Sages discuss the law that, "one is not punished by lashes for any prohibition in the Torah unless one derives benefit in the normal way," i.e., that anything that one is prohibited from eating, one is not punished from eating it unless one derives benefit.7 The Talmud then says, "Abaye says, 'Everyone agrees that for [eating] mixed species that grew in a vineyard, one is punished by lashes even if one does not benefit in the normal way. What is the reason? Because the verse does not mention 'eating'; rather it is written, pen tikdosh, which also implies, pen tukad aish."8

The details of this mitzvah are explained in tractate Kilayim.

The Biblical prohibition of mixed species in a vineyard only applies in Israel.

Footnotes

1.

There are two prohibitions regarding planting a mixture of species: N215 prohibits planting any two species together; N216 prohibits planting either vegetables or grain in a vineyard. The prohibition regarding a vineyard is stricter in a number of ways; in this prohibition we see that the produce that grows in the vineyard may not be eaten. When not in a vineyard, however, only the act of planting is prohibited; the food that grows may be eaten.
The mitzvos are written separately because here, corresponding to the order in Mishneh Torah, we are dealing with prohibited foods. There, we deal with the agricultural laws.

2.

Deut. 22:9.

3.

Chullin 115a.

4.

Makkos 13b. See N90. Eighth Introductory Principle.

5.

From this expression we see that this verse prohibiting benefit counts as a separate prohibition from the verse prohibiting the planting (Lev. 19:19. N216).

6.

24b.

7.

For example, one who eats raw fat would not be punished (Pesachim ibid.).

8.

Our versions of the Talmud omit this last phrase. The handwritten manuscripts quoted in Dikdukei Sofrim, however, do contain it. See Kapach, 5731, footnote 63.

The 153rd prohibition is that we are forbidden from eating tevel, i.e. produce from which the terumos1 and ma'asros have not yet been separated.

The source of this prohibition is G‑d's statement2 (exalted be He), "And they shall not desecrate the holy things of the children of Israel that they will separate to G‑d."

One who transgresses this prohibition by eating tevel is punished by a heavenly death penalty. This is alluded to from [the similarity between] this verse, "And they shall not desecrate the holy things," and the verse regarding terumos,3 "And the holy things of the children of Israel they shall not desecrate and [thereby] not die." From the identical expression, "they shall not desecrate," we can derive [the punishment for tevel] from terumah, which is a transgression punishable by death, as we have explained.4

The quote from tractate Sanhedrin5 is, "What is the source that teaches us that the punishment for eating tevel is death? From the verse, 'And they shall not desecrate the holy things of the children of Israel that they will separate to G‑d.' This verse speaks about something that 'they will separate' in the future [i.e. tevel].6 And you derive [the punishment for violating] 'they will not desecrate' [regarding tevel] from 'they will not desecrate' written regarding terumah."

Their intention in saying, "in the future," is to say that it is as if the verse reads, "And they shall not desecrate the holy things that they will separate to G‑d in the future." This is the meaning of G‑d's statement (exalted be He), "that they will separate," in future tense, followed by7 the verse, "and they shall bear the guilt of their sin of eating their holy things."

Our Sages said in tractate Makkos,8 "You might think that the only time a person is punished for eating tevel is when nothing at all has been separated. How do we know [that the prohibition applies] when terumah gedolah has been separated, but not terumas ma'aser; when ma'aser rishon has been separated, but not ma'aser sheini, or even9 ma'aser oni? From the verse,10 'You are not allowed to eat in your gates [the ma'aser of your grain, wine or oil].' And later11 it says, '[When you finish taking all the ma'aser from your grain in the third year...] and they will eat in your gates and be satisfied.' Just as later on it refers [even12] to ma'aser oni,13 so too here it refers to ma'aser oni — and the verse says, 'you are not allowed.'"

However, these prohibitions only are punishable by lashes; the heavenly death penalty is only [when the tevel still contains] terumah gedolah or terumas ma'aser, since one who eats ma'aser rishon before the terumas ma'aser has been separated is punishable by death, in G‑d's statement14 (exalted be He) to the Levites, when He commanded them to separate a tithe from their tithe,15 "And the holy things of the children of Israel you shall not desecrate and [thereby] not die." This is the prohibition not to eat ma'aser rishon when it is still tevel. Therefore, one is punishable by death [for eating it], as explained in tractate Demai.

The summary of all the above: one who eats tevel before the terumah gedolah and terumas ma'aser have been separated is punishable by death, based on the verse, "And they shall not desecrate the holy things of the children of Israel," as we have explained in this mitzvah. One who eats tevel after the terumos have been separated, but before [all] the ma'asros have been separated is punishable by lashes, based on the verse, "You are not allowed to eat in your gates the ma'aser of your grain." You should remember this and not err in it.

The details regarding tevel are explained in many passage of tractate Demai and Terumos, and tractate Ma'asros.

Footnotes

1.

Food that grows in Israel may not be eaten until the agricultural gifts have been separated. Terumah is given to the kohen; ma'aser is given to the Levite; the Levite himself must take part of the ma'aser as terumas ma'aser and give it to the kohen. Then, depending on which year of the seven year cycle it is, either ma'aser sheini or ma'aser oni is separated. Terumos refers to terumah and terumas ma'aser; ma'asros refers to ma'aser , ma'aser sheini and ma'aser oni

2.

Lev. 22:15.

3.

Num. 18:32.

4.

N133, which is written earlier in the order of the original Sefer HaMitzvos.

5.

83a.

6.

The Talmud first proves which type of "holy things" are referred to in the verse. Since the future tense is used ("they will separate"), it must refer to tevel, since the relevant portions have not yet been separated.

7.

Lev. 22:16.

8.

16b.

9.

Ma'aser oni is the least strict of all the agricultural gifts mentioned, since there are no restrictions on who may eat it and where it may be eaten.

10.

Deut. 12:17.

11.

Ibid. 26:12.

12.

We therefore can derive that if even ma'aser oni, which is the least strict, is prohibited, certainly the stricter ones are prohibited.

13.

The verse refers to ma'aser oni, since it is the only agricultural gift unique to the third year.

14.

Num. 18:32.

15.

The Levites receive one-tenth of the produce. They must separate one-tenth of that and give it to the kohen as terumas ma'aser.

The 194th prohibition is that we are forbidden from drinking yayin nesech [wine used for idolatry].

There is no verse that states this prohibition explicitly. However, [the prohibition is derived from a verse by] the Sages in Avodah Zorah,1 "The verse2 says, 'They eat the fat of their sacrifices; they drink the wine of their libations' — just as the sacrifice is prohibited, so too the wine is prohibited."

You are aware that one is prohibited from deriving benefit from it, and the punishment [for drinking it] is lashes, as is well known throughout the Talmud.

The proof that yayin nesech is a Biblical prohibition and that it counts as one of the [365] prohibitions is the statement of the Sages in Gemara Avodah Zorah,3 "Rabbi Yochanan and Reish Lakish both say that all prohibitions of the Torah — regardless whether they were mixed into the same type or a different type — [are prohibited only] when the taste is perceptible; with the exception of tevel and yayin nesech, which, when mixed into the same type are prohibited even in the smallest amount, but when mixed into a different type, are prohibited only when the taste is perceptible."4 This is a clear proof that yayin nesech is one of the prohibitions of the Torah.5

The Sifri6 also, when mentioning the decline of the Jewish people in Shittim in acting immorally with the daughters of Moav,7 says, "He entered [her tent], and she had a bottle full of Ammonite wine with her, and non-Jewish wine had not yet been prohibited to the Jewish people. She said to him, 'Would you like to drink?' etc." This that they said, "and non-Jewish wine had not yet been prohibited to the Jewish people," undoubtedly implies that later on8 it was indeed prohibited.

However, this that the Sages included wine among the 18 Rabbinic decrees;9 and so too their statement,10 "Yayin nesech is different, because the Sages were especially strict in its regard" [implying that the prohibition is only Rabbinic in nature] — they are referring to stam yaynom,11 not to actual yayin nesech. But actual yayin nesech is a Biblical prohibition, as you already know their saying,12 "There are three categories of [prohibited] wine."13

The details of this mitzvah are explained in the final chapters of tractate Avodah Zorah.

Footnotes

1.

29b.

2.

Deut. 32:38.

3.

73b.

4.

Taste is normally perceptible at the point of one-sixtieth of the mixture. Therefore, according to this passage, if yayin nesech fell into a bowl of orange juice, the mixture will be permitted if there is less than one-sixtieth yayin nesech. If it fell into a bowl of kosher wine, however, the mixture would be forbidden.

5.

Since the phrase, "all prohibitions of the Torah," is used.

6.

Num. 21:1.

7.

Num. 25.

8.

I.e. in Deut. 32.

9.

Shabbos 17b.

10.

Avodah Zorah 62b.

11.

The Sages decreed that all wine of non-Jews is prohibited by Rabbinic law, even if it was not used for idolatry.

12.

Avodah Zorah 30b.

13.

I.e. yayin nesech, stam yaynom and wine deposited in the house of a non-Jew.

The 146th mitzvah is that we are commanded to slaughter an animal [we wish to eat] and only after that to eat it; and the only acceptable preparation is through shechitah.

The source of this commandment is G‑d's statement1 (exalted be He), "And you shall slaughter your cattle and sheep ... as I have commanded you."

In the words of the Sifri, "'And you shall slaughter' teaches that just as sacrifices need shechitah, so too non-sanctified animals need shechitah. 'As I have commanded you' teaches that Moshe was commanded regarding the trachea, and the esophagus, and cutting the majority of one for a bird, and cutting the majority of both for an animal."

The details of this mitzvah and all its laws are explained in the tractate devoted to this subject, i.e. tractate Chullin.

Footnotes

1.

Deut. 12:21.