Benifit From Milk And Meat

The Chinuch says that there is no punishment of lashes for receiving benefit from basar b’chalav because it can be done without an action.  However, the Rambam according to maggid mishne (שכירות יג:ב  ) holds the opposite; if it can be violated through an action, even if it’s done without an action there is lashes.  So he should hold there is lashes however, he says in מאכ"א ח:טז that there is no punishment of lashes.  Why not?  The Mishne L’melech explains based upon the principle of the Rambam shoresh #2 that there is no punishment for that which is learnt out from a scriptural reference.

The Rambam in his explanation of כריתות ג:ד  says what he calls a נקודה הפלאה that the איסור הנאה isn’t considered a איסור מוסיף  because the issur hanah isn’t separate from the איסור אכילה.  The same approach is cited by Ramban Chullin 113b in the name of יש מפרשים.  It sounds like from this Rambam that the prohibition on benefit is an outgrowth of the prohibition of eating.  However, in Sefer Hamitzvot the Rambam says the prohibition of eating is part of the issur hanah?  Rav Elchanan (Kovetz Ha’oros #30) says that what the Rambam says in Sefer Hamitzvot is right.  His intent in the perush hamishna is just to say that the two issurim go hand in hand, you can’t separate איסור אכילה fromאיסור הנאה.  In light of this Rambam, the aforementioned Rambam is very difficult to understand.  How can there be lashes for eating but not for hanah, if the issur on eating is merely a form of the issur hanah in which there is no punishment of lashes?