Halakhah for Makkot 3:11
אֵין אוֹמְדִין אוֹתוֹ אֶלָּא בְמַכּוֹת הָרְאוּיוֹת לְהִשְׁתַּלֵּשׁ. אֲמָדוּהוּ לְקַבֵּל אַרְבָּעִים, לָקָה מִקְצָת וְאָמְרוּ שֶׁאֵינוֹ יָכוֹל לְקַבֵּל אַרְבָּעִים, פָּטוּר. אֲמָדוּהוּ לְקַבֵּל שְׁמֹנֶה עֶשְׂרֵה, מִשֶּׁלָּקָה אָמְרוּ שֶׁיָּכוֹל הוּא לְקַבֵּל אַרְבָּעִים, פָּטוּר. עָבַר עֲבֵרָה שֶׁיֶּשׁ בָּהּ שְׁנֵי לָאוִין, אֲמָדוּהוּ אֹמֶד אֶחָד, לוֹקֶה וּפָטוּר. וְאִם לָאו, לוֹקֶה וּמִתְרַפֵּא וְחוֹזֵר וְלוֹקֶה:
He is assessed to receive only (a number of) stripes that lend themselves to "thirding." [For with all who received stripes in beth-din, it was first necessary to assess (how many lashes they could bear) so that they not die because of them — it being written (Deuteronomy 25:3): "He shall not add," implying that if he must diminish, he does so. ("that lend themselves to thirding":) and the assessment is never exceeded.] If he were assessed at forty, [i.e., at thirty-nine; the language of the verse is used] — If after he received part, they said that he could not bear forty, he is exempt (from the rest). If he were assessed at eighteen — If after he were smitten, they said that he could bear forty, he is exempt. If he committed a transgression involving two negative commandments — If they made one assessment [for the two lashings, e.g., forty-two lashes], he is smitten (that number) and he is exempt (from more). And if not, [i.e., If they assessed him for only one lashing], he is smitten, and recovers, and is smitten again.