Temurah 4 – Transgression Without An Action

As a rule, one can be punished only for actions, not speech or thoughts. There are exceptions to this rule, sacrifice exchange being one of them. Rabbi Yose son of Rabbi Chanina adds one more: one who first separates the kohen's portion, and afterwards the first fruit from his crop, as the Torah said, “Your first fruit and the kohen's portion don't delay.”  Since the kohen's portion can be designated in thought alone, one is liable to lashes for a thought.

Another rule is that if a prohibition can be remedied, then one does not receive lashes for it. But, is that always true? For example, sacrifice exchange has a remedy – treating the new sacrifice with the laws of sacrificial holiness, and one still gets lashes!? – Exchange is prohibited twice, “don't exchange and don't substitute”, so it is especially severe.

But consider a case of one who violates a young unmarried girl. He has to marry and never divorce her. If he does divorce her, he needs to take her back. If he can't take her back, because he is a Kohen, who is forbidden to marry a divorcée, he gets lashes. But why? He is not doing anything! – Kohanim are special, they have extra prohibitions.

Art: Pierre Auguste Renoir - Young Girl In A Straw Hat