And these are the ones who receive stripes [Not only "these." For the tanna teaches (these) and omits many who receive stripes. But he teaches us those liable to kareth to apprise us that stripes obtain with those liable to kareth. And he teaches us a widow-divorcée to apprise us that there is stripes liability in that instance by reason of two exhortations. And he teaches us tevel and first-tithe whose terumah was not separated, because their exhortation is not explicitly stated. Likewise, hekdesh (dedicated food) which was not redeemed. And since he teaches hekdesh, he teaches second-tithe, stripes obtaining with both because of non-redemption. Similarly, with all, there is some novelty (of which we are being apprised)]: one who lives with his sister, with his father's sister, with his mother's sister, with his wife's sister, with his brother's wife, with the wife of his father's brother, with a niddah ( a woman in her menstrual state), a high-priest who lives with a widow, a regular priest who lives with a divorcée or with a chalutzah, an Israelite who lives with a mamzereth (the issue of illicit relations) or with a Nethinah [a descendant of the Giveonites, (a relationship) subject to stripes by reason of (Deuteronomy 7:3): "Do not intermarry with them."], and an Israelite woman who lives with a Nathin or a mamzer. (A high-priest who lives with) a widow-divorcée who had been widowed from another man] is liable to stripes by reason of two exhortations, both (divorcée and widow) being indicated in Scripture, and both being exhorted against.] (A Cohein who lives with) a divorcée-chalutzah [i.e., a chalutzah who had been divorced] is liable to stripes by reason of one exhortation alone. [He is not liable by reason of two exhortations, for chalutzah is not explicitly stated, but derived from the addition ("and"), viz. (Leviticus 21:7): "A woman divorced" — This tells me only of a divorcée. When do I derive a chalutzah (as likewise interdicted)? From: "and a woman divorced."]
Bartenura on Mishnah Makkot
אלו הן הלוקין – not exactly these, for the Mishnah taught and left out many of those who were to be flogged, but since the Mishnah taught those who were liable for extirpation, to teach us that there is flogging with those liable for extirpation, and the Mishnah taught a widow and a divorcee, to teach us that a widow who is also a divorcee is liable upon her two titles. , And it is taught [in Mishnah 2 of this chapter] that eatables forbidden pending the separation of sacred gifts and First Tithe when priest’s due had not been taken, but it doesn’t explain their explicit prohibition clearly, and similarly, property dedicated to the Temple that had not been redeemed, for since the Mishnah taught about property dedicated to the Temple, it taught [about] the Second Tithe, for both of them [are punishable] by flogging because of lack of redemption, and similarly with most of them there is a side that is novel.
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English Explanation of Mishnah Makkot
Introduction
The final chapter of Makkoth discussed those who are liable to be flogged. There are three reasons that a person is flogged: 1) one who transgresses a Biblical law for which the penalty is kareth (heavenly excommunication). According to the Rabbis one who was flogged is not penalized by kareth, considered to be a more serious punishment. 2) One who transgresses a Biblical law which is punishable by death by the hands of Heaven. 3) One who transgresses a Biblical negative commandment, provided the transgression was active. Our chapter lists many categories of those who are to flogged but the list is not exhaustive.
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Bartenura on Mishnah Makkot
נתינה – She is from the Gibeonites, and her flogging is from (Deuteronomy 7:3): “You shall not intermarry with them.”
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English Explanation of Mishnah Makkot
And these are liable to be flogged: One who had relations with his sister, or his father's sister, or his mother's sister, or his wife's sister, or his brother's wife, or his father's brother's wife, or a menstruant; This mishnah lists sexual offenses which are not punishable by death. In each of these cases both offenders, the man and the woman will be flogged. These forbidden relations are discussed in Leviticus chapters eighteen and twenty.
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Bartenura on Mishnah Makkot
אלמנה – She became widowed from another man, and she is a divorcee, and one is liable upon her two [sets] of floggings.
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English Explanation of Mishnah Makkot
A high priest who marries a widow, an ordinary priest who marries a divorcee or a halutzah; This section lists marriages forbidden to high priests and ordinary priests. They are listed in Leviticus 21:7, 13-15.
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Bartenura on Mishnah Makkot
משום שני שמות – because of two explicit prohibitions, for both of them are explained in Scripture, and the explicit prohibitions for both of them are stated.
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English Explanation of Mishnah Makkot
An Israelite who marries a mamzereth or natinah, or an Israelite woman who is married to a mamzer or a natin. This section lists marriages forbidden to ordinary Israelites. A mamzer or mamzereth (a female mamzer), mentioned in Deuteronomy 23:3, is one born of a forbidden union which carries with it a punishment of kareth or death. A natin or natina (a female natin) is a descendent of the Gibeonites, those who tricked Joshua into accepting them as converts, upon which he declared them to be woodchoppers and water-drawers and forbade them to marry ordinary Israelites (Joshua 9:27).
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Bartenura on Mishnah Makkot
גרושה – and she is a woman released from leviratical marriage, and he is not liable concerning her for two titles, for the woman released from leviratical marriage has no Jewish marriage contract, other than through extension of scope/amplification [of the Biblical passage] we bring it to her, as it is taught in a Baraita: “I don’t know anything about a divorcee other than the divorcee itself; a woman released from leviratical marriage, from where do I know it, as we learn, “and a woman” (Leviticus 18:18).
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English Explanation of Mishnah Makkot
In the case of a [woman who is both] a divorcee and a widow [a high priest] is liable on two counts. But in the case of a [woman who is both] a divorcee and a halutzah, an ordinary priest is liable only on one count. A widow who is also a divorcee, i.e. her first husband died and her second husband divorced her, is forbidden to a high priest on two counts. If he were to marry such a woman he would be obligated to be flogged for each transgression, even though he did only one act. A divorcee and a halutzah (one who has been rejected by her levir, her dead husband’s brother) are forbidden to an ordinary priest. However, the prohibition of the halutzah to an ordinary priest is only a Rabbinic prohibition, not Biblical, as is the prohibition to a divorcee Therefore, an ordinary priest who marries a divorcee who is also a halutzah is only flogged for one transgression.
