Makkos Daf 16 מאקוס דַף 16

The Gemara says that if one swears that he will eat a particular loaf today if he eats a different one tomorrow, and he violates his shevuah, Rebbe Yochanan and Reish Lakish agree he does not receive malkus, albeit for different reasons. Rebbe Yochanan explains that it is a לאו שאין בו מעשה – prohibition without an action (since it is the absence of eating which violates his shevuah), which does not incur malkus. Reish Lakish explains that it is התראת ספק – an uncertain warning (which he does not consider התראה), since he may yet eat the loaf later in the day, long after the התראה. Both opinions are derived from Rebbe Yehudah, who taught that the Torah commanded to burn נותר to avoid malkus for leaving it overnight, indicating that without the עשה, he would have received malkus. Since the warning not to leave over the korban is at most התראת ספק, and the violation is passive, it proves both that התראת ספק is a valid התראה, and that לאו שאין בו מעשה incurs malkus. The Gemara proceeds to explain that each Amora relied on another statement of Rebbe Yehudah, where he contradicts one of these opinions (regarding התראת ספק and לאו שאין בו מעשה, respectively).

A Mishnah states: הנוטל אם על הבנים – if one takes a mother bird while she is on her young, violating the לאו against doing so, Rebbe Yehudah says he receives malkus and does not need to send her away (he interprets the עשה to send her away before violating the לאו). The Chochomim say: משלח ואינו לוקה – he must send her away and does not receive malkus, because the עשה rectifies his violation (they interpret the עשה as following the לאו). They add that this is the rule for every לאו הניתק לעשה. However, Rebbe Yochanan says that there is only one more לאו הניתק לעשה where one can practically receive malkus, because he holds ביטלו ולא ביטלו (i.e., one only receives malkus for a לאו הניתק לעשה if he nullifies the possibility to fulfill the עשה, such as in the above case, by killing the mother bird).

After considering several cases, the Gemara ultimately concludes that the “other case” which can incur malkus is one who harvested his entire crop without leaving פאה, and he nullified the עשה by grinding it into flour, or by eating it.

Rav Yehudah says that one who eats a cabbage worm receives malkus for eating "שרץ השורץ על הארץ" – a creeping thing which creeps on the ground. Abaye says one who ate a פוטיתא (a small water creature) receives four sets of malkus (the two general prohibitions against eating שרצים, plus the two specific to water-שרצים). Eating an ant incurs five sets, two for the general prohibitions, and three more for the land-שרץ prohibitions. Eating a hornet incurs six sets, because of the additional prohibition of "שרץ העוף" – creeping thing which flies. [Even if they are smaller than a כזית, one who swallows an entire creature whole is still liable.] Rav Ashi says: המשהה את נקביו – one who holds back his bodily needs to relieve himself, transgresses "לא תשקצו" – you shall not make [yourselves] abominable. Rav Bivi bar Abaye says that one who drinks anything from a bloodletter’s tube violates "לא תשקצו".

Rava bar Huna said that if one mashed nine ants, and added one live ant, completing a כזית, and ate it, he receives six sets of malkus: the five mentioned above, and a sixth for a כזית of נבילה. This can require fewer ants, if they are of larger size.