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ןנברמ אברוצ םנועמו ,ףשכמ ,שחנמ תוכלה · 143

The Kesef Mishneh explains that the Rambam here understood that Rabbi Akiva’s definition of me’onein
was accepted by everyone, while the Rabbis added an additional definition of deceiving the eyes, which is
accepted as halacha as well.
The Gemara in the continuation of the passage quoted above then discusses the prohibition of mechasheif,
a sorcerer. The Gemara explains that there are three types of sorcery: A type for which one is liable, a type for
which one is exempt, and a type that is permitted.

h Masechet Sanhedrin 67b :זס ןירדהנס תכסמ . 25
Abaye says: The halachot of sorcery are like the halachot שי ,תבש תוכלהכ םיפשכ תוכלה :ייבא רמא
of Shabbat, in that their actions can be divided into three שיו ,רוסא לבא רוטפ ןהמ שיו ,הליקסב ןהמ
categories: There are some of them for which one is liable ,הליקסב – השעמ השועה .הלחתכל רתומ ןהמ
to be executed by stoning, and there are some of them for רתומ ,רוסא לבא רוטפ – םיניעה תא זחואה
which one is exempt from punishment by Torah law but ילעמ לכ .איעשוא ברו אנינח ברדכ – הלחתכל
they are prohibited by rabbinic law, and there are some of והל ירבימו ,הריצי תוכלהב יקסע ווה אתבש
them that are permitted ab initio.
Abaye elaborates: One who performs a real act of sorcery .היל ילכאו אתלית אלגיע
is liable to be executed by stoning. One who deceives the eyes is exempt from punishment, but it is prohibited
for him to do so. What is permitted ab initio is to act like Rav Chanina and Rav Oshaya: Every Shabbat eve
they would engage in the study of the halachot of creation, and a third-born calf would be created for
them, and they would eat it in honor of Shabbat.

The Rambam rules in accordance with this Gemara as well that one who deceives the eyes is exempt, though
the action is still forbidden.

r Rambam, Hilchot Avoda Zara 11:15 וט:אי הרז הדובע ׳לה | ם”במר . 26
A sorcerer is liable to stoning, provided he performed השעמ השעש אוהו הליקס בייח ףשכמה
an action of sorcery. But if he merely deceives the eyes by האריש אוהו םיניעה תא זחואה לבא ,םיפשכ
appearing to have performed an action but [in reality] did ינפמ ,תודרמ תכמ הקול השע אל אוהו השעש
not, he is punished with lashes of rebelliousness, for this ךב אצמי אל ללכב ףשכמב רמאנש הז ואלש
prohibition against sorcery is included in the commandment ןיאו אוה ןיד תיב תתימ תרהזאל ןתינש ואלו אוה
of “There shall not be found among you etc.” (ibid.), and it .היחת אל הפשכמ רמאנש וילע ןיקול
is a prohibition given to death by the courts [nitan le’azharat
mitat beit din], and therefore no lashes are given, as it is
5
stated: “You shall not let a witch live” (Shemot 22:17).
The problem with the Rambam is that he appears to contradict himself: With regard to me’onein, he states
that one who deceives the eyes is liable, while with regard to mechasheif he states that one is exempt for such
an action. The commentaries address this contradiction and suggest a number of different explanations for
the Rambam.

5. In general, one receives lashes only for violating prohibitions for which karet, spiritual excision, is mentioned as a punishment as well (when there
are no witnesses or warning), or that never entail a death penalty in any scenario. However, in this case of kishuf, the punishment is death. This
principle dictates that even in a situation where the principal, more severe, death penalty is not applicable (such as here where one deceives the
eyes but never engaged in actual sorcery), one does not receive lashes either. This concept is addressed more fully in the third chapter of Masechet
Makkot and in the Rambam, Hilchot Sanhedrin.

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