0209 - Malkus Only for Own Action

00:01 In Likutei Sichot Chelek Yod Alef, page eighty-three, it's the second Sichot of Parashat Yisro. There, the Rebbe talks about the Tosfos, and has a whole discussion about this, what Tosfos says. And then the Rebbe says that Tosfos doesn't mean that a person, a person could be punished for an act, for a ma'aseh that is done through others, even if he was the one that caused that ma'aseh should happen. And the Rebbe gives the reason, he says, because "Ein onshin malkos eli im kein ha'adam ower halo soser alai ma'aseh shelo." You cannot give a person malkes, it's one of the punishments, unless the person transgressed the lo soser, the negative mitzvah, through ma'aseh shelo, through his own ma'aseh. If it wasn't through his own ma'aseh, you can't punish him, you can't give him malkes. Now, when this was written, and the Rebbe wants everything should have a marimokim where we see that clearly. So what was written l'chatchilah was that where do we see this clearly that you only could punish somebody if it's his own ma'aseh? So it said, look in the lashon of the Gemara in Temurah Daf Gimel Lamed Alef. There, the Gemara uses this lashon. "Kol lo soser sheba'Torah," any negative commandment in the Torah, "osa bema'aseh, loike." If you did a ma'aseh, you get punished. "Lo osa bema'aseh," if you didn't do a ma'aseh, you don't get punished. You're patur. So this was like the marimokim to the fact that you have to do a ma'aseh in order to get punished.

01:27 On that, the Rebbe wrote, he circled around the words lashon haGemara, and he wrote, "Haum nam ein lashon mefurash bekosuv?" Question mark, exclamation point. Is there not more clear a lashon in the pasuk which says the same thing? In other words, what he meant to say is this lashon doesn't show anything, because avada it has to be a ma'aseh. The question is, is this considered that he did a ma'aseh? Since he caused someone else to do a ma'aseh, maybe it's considered he did. So the lashon where it says that you're only chayav if you did a ma'aseh doesn't prove otherwise, doesn't prove that you're not chayav if someone else did. And if it is proof, you don't need a proof from this Gemara. You can prove from different, many pesukim, many pesukim it says that you, la'aseh is to do, that you're chayav when you do. So what's this Gemara a better raya than clear pesukim that we have? And that's what he wrote, "Haum nam ein lashon mefurash bekosuv?" Question mark, exclamation mark. There's no clear pasuk, lashon in the pasuk which also says that you have to do. Why is this a better raya? And the Rebbe changed it, and he wrote these words, "Ein Shabbos Daf Kuf Nun Gimel Lamed Beis." Look in Gemara Shabbos Daf Kuf Nun Gimel Lamed Beis, and there it says a lashon, "De'ovid ma'aseh begufa." There it says that you do a ma'aseh with your body yourself. Over there we see that you're chayav if you yourself

02:44 with your body do a ma'aseh. But from the lashon of the Gemara that it says that if you do a ma'aseh you're chayav is no raya that it means that you have to do it yourself with your body. And if it is a raya, then you could bring a raya from the lashon of the pasuk. But the raya from the Gemara is a clear raya where it says, "Ovid ma'aseh begufa." So from the Gemara Shabbos is a clear raya