- כתובת קעקע – Tattoos
The next Mishnah states: הכותב כתובת קעקע – one who writes a tattoo is liable to malkus. If one wrote with ink on skin, but did not etch in the skin to allow the ink inside, or he etched the skin without ink, he is not liable to malkus עד שיכתוב ויקעקע – unless he writes and etches the skin, with black ink, or blue dye, ובכל דבר שהוא רושם – or with anything that leaves a mark. Rebbe Shimon says one is not liable unless he writes "השם" – the name there, which the Gemara explains to mean a name of avodah zarah.
Rav Malkiya quoted Rav Adda bar Ahava: אסור לו לאדם שיתן אפר מקלה על גבי מכתו – it is forbidden for a person to place wood-ashes on his wound, because it appears like a tattoo (since it leaves a mark). Rav Bivi bar Abaye did not even allow ashes to be placed on the puncture of a bloodletter’s tool. Rav Ashi disagreed: כל מקום שיש שם מכה – wherever there is a wound, מכתו מוכיח עליו – his wound proves [that the ashes were placed for healing], and it is permitted.
- Multiple מלקות for multiple התראות (a nazir drinking wine, etc., or one wearing כלאים)
The next Mishnah teaches when one gets multiple sets of malkus for repeating an aveirah: נזיר שהיה שותה יין כל היום – a nazir who was drinking wine all day, but was only warned once, אין חייב אלא אחת – he is only liable to one set of malkus. But if they warned him, אל תשתה אל תשתה – “Do not drink” “Do not drink” (warning him before each drink), he is liable for each drink after a התראה. The same applies to a nazir who repeatedly makes himself tamei from a corpse, or shaves his hair. The same applies to one wearing כלאים. If he was told “Do not wear it” “Do not wear it,” והוא פושט ולובש – and he continues removing it and wearing it, he is liable for each wearing. Rav Bivi quoted Rebbe Yose that even slipping his arm in and out of a sleeve constitutes a separate wearing. Rav Acha brei d’Rav Ika disagrees, and requires removing the clothing and putting it back on. Rav Ashi says: אפילו לא שהה אלא כדי לפשוט וללבוש חייב – even if he merely waited enough time to remove and wear it, without removing it at all, he is liable for an additional התראה.
- יש חורש תלם א' וחייב עליו משום שמונה לאוין (מחפה בכלאים)
The Mishnah continued: יש חורש תלם א' וחייב עליו משום שמונה לאוין – there is a case where one plows a single furrow and is liable for eight prohibitions: (1) he plowed with an ox and donkey together, (2 & 3) they are both hekdesh, and he benefited from them (the Gemara will explain that each is a bechor, and the Rivan says our Mishnah holds a פטר חמור is forbidden in benefit), (4) the plowing covered seeds which are כלאים in a vineyard, and is tantamount to planting, (5) it is during shemittah, when planting is forbidden, (6) it is Yom Tov, and plowing is forbidden, (7) and he is a nazir (8) and a Kohen, plowing in a cemetery, thereby contracting tumah. Chananya ben Chachinai adds a ninth aveirah, by his wearing shaatnez, but the Chochomim respond that this is unrelated to the plowing (Chananya argues that his contracting tumah is likewise unrelated to plowing).
Rebbe Yannai said: החופה בכלאים – one who covers seeds of kilayim incurs malkus, because it is tantamount to planting. Rebbe Yochanan pointed out that this can be proven from our Mishnah, which obligates malkus for covering כלאים seeds through plowing. Reish Lakish said that he would have explained the Mishnah to be Rebbe Akiva’s opinion, that המקיים כלאים – one who maintains kilayim incurs malkus.
