Makkot 3

וְאֵלּוּ הֵן הַלּוֹקִין, הַבָּא עַל אֲחוֹתוֹ, וְעַל אֲחוֹת אָבִיו, וְעַל אֲחוֹת אִמּוֹ, וְעַל אֲחוֹת אִשְׁתּוֹ, וְעַל אֵשֶׁת אָחִיו, וְעַל אֵשֶׁת אֲחִי אָבִיו, וְעַל הַנִּדָּה, אַלְמָנָה לְכֹהֵן גָּדוֹל, גְּרוּשָׁה וַחֲלוּצָה לְכֹהֵן הֶדְיוֹט, מַמְזֶרֶת וּנְתִינָה לְיִשְׂרָאֵל, בַּת יִשְׂרָאֵל לְנָתִין וּלְמַמְזֵר. אַלְמָנָה וּגְרוּשָׁה, חַיָּבִין עָלֶיהָ מִשּׁוּם שְׁנֵי שֵׁמוֹת. גְּרוּשָׁה וַחֲלוּצָה, אֵינוֹ חַיָּב אֶלָּא מִשֵּׁם אֶחָד בִּלְבָד:

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."]

הַטָּמֵא שֶׁאָכַל אֶת הַקֹּדֶשׁ, וְהַבָּא אֶל הַמִּקְדָּשׁ טָמֵא, וְהָאוֹכֵל חֵלֶב, וְדָם, וְנוֹתָר, וּפִגּוּל, וְטָמֵא, הַשּׁוֹחֵט וְהַמַּעֲלֶה בַחוּץ, וְהָאוֹכֵל חָמֵץ בְּפֶסַח, וְהָאוֹכֵל וְהָעוֹשֶׂה מְלָאכָה בְּיוֹם הַכִּפּוּרִים, וְהַמְפַטֵּם אֶת הַשֶּׁמֶן, וְהַמְפַטֵּם אֶת הַקְּטֹרֶת, וְהַסָּךְ בְּשֶׁמֶן הַמִּשְׁחָה, וְהָאוֹכֵל נְבֵלוֹת וּטְרֵפוֹת, שְׁקָצִים וּרְמָשִׂים. אָכַל טֶבֶל וּמַעֲשֵׂר רִאשׁוֹן שֶׁלֹּא נִטְּלָה תְרוּמָתוֹ, וּמַעֲשֵׂר שֵׁנִי וְהֶקְדֵּשׁ שֶׁלֹּא נִפְדּוּ. כַּמָּה יֹאכַל מִן הַטֶּבֶל וִיהֵא חַיָּב, רַבִּי שִׁמְעוֹן אוֹמֵר כָּל שֶׁהוּא, וַחֲכָמִים אוֹמְרִים כַּזַּיִת. אָמַר לָהֶם רַבִּי שִׁמְעוֹן, אֵין אַתֶּם מוֹדִים לִי בְּאוֹכֵל נְמָלָה כָּל שֶׁהוּא חַיָּב. אָמְרוּ לוֹ, מִפְּנֵי שֶׁהִיא כִבְרִיָּתָהּ. אָמַר לָהֶן, אַף חִטָּה אַחַת כִּבְרִיָּתָהּ:

(And these are the ones who receive stripes, etc.":) one who eats hekdesh in a state of uncleanliness, one who enters the sanctuary in a state of uncleanliness, one who eats forbidden fats, blood, nothar (portions of sacrifices left over beyond the prescribed time of eating), pigul (sacrifices invalidated through improper intent), and unclean food, one who slaughters or sacrifices (an offering) outside (the Temple), one who eats chametz on Pesach, one who eats or performs labor on Yom Kippur, one who compounds oil [as the oil of anointment was compounded], one who compounds the incense (as the Temple incense was compounded), one who anoints himself with the oil of anointment [compounded by Moses], one who eats carrion, treifah, forbidden animals and reptiles, one who eats tevel (untithed food) [The exhortation is from (Leviticus 22:15): "And they shall not profane the holy things of the children of Israel which they will lift to the L rd." Scripture speaks of what will be lifted (i.e., tevel, from which terumah will be lifted)], and first-tithe whose terumah has not been taken, [this, too, involving death liability, viz. (Numbers 18:27): "And your terumah will be accounted for you as corn from the threshing floor, etc."] and second tithe and hekdesh which were not redeemed. [One may not eat second-tithe that became unclean, even if he is in Jerusalem, unless it is redeemed. And if one eats it in Jerusalem before it is redeemed he receives stripes. His exhortation is from (Deuteronomy 26:14): "I did not consume of it in uncleanliness" — whether I were unclean and it clean, or I were clean and it unclean. And whence is it derived that second-tithe that became unclean is redeemed in Jerusalem? From (Deuteronomy 14:24): "that you not be able se'etho," "se'eth" referring to eating, as in (Genesis 43:34): "And he took (food) portions (ma'asoth) from before him." ("and hekdesh which was not redeemed":) This is not explicitly stated, but its exhortation is derived by identity: "sin" (Leviticus 5:15) - sin (Ibid. 22:9), from terumah. And even though Scripture indicates (Ibid.): "and they will die for it (terumah)," and not for me'ilah (abuse of hekdesh), it (me'ilah) is excluded from death, but not from the exhortation.] How much must he eat of tevel in order to be liable? R. Shimon says: Any amount. The sages say: The size of an olive. R. Shimon said to them: Will you not concede to me that if one eats any amount of an ant he is liable? [by reason of (Leviticus 11:423): "…creeping things that creep upon the earth," regardless of the amount] They said to him: Because it is as created. He said to them: One grain is also as created! [The halachah is not in accordance with R. Shimon, only something which has an (animating) soul being called a "creature."]

הָאוֹכֵל בִּכּוּרִים עַד שֶׁלֹּא קָרָא עֲלֵיהֶן, קָדְשֵׁי קָדָשִׁים חוּץ לַקְּלָעִים, קָדָשִׁים קַלִּים וּמַעֲשֵׂר שֵׁנִי חוּץ לַחוֹמָה, הַשּׁוֹבֵר אֶת הַעֶצֶם בַּפֶּסַח הַטָּהוֹר, הֲרֵי זֶה לוֹקֶה אַרְבָּעִים. אֲבָל הַמּוֹתִיר בַּטָּהוֹר וְהַשּׁוֹבֵר בַּטָּמֵא, אֵינוֹ לוֹקֶה אַרְבָּעִים:

("And these are the ones who receive stripes:") one (a Cohein) who eats bikkurim (first-fruits) before the invocation has been recited over them [viz. (Deuteronomy 26:5): "An Aramean would destroy my father, etc." But after the invocation, he does not receive stripes if he eats of them because they are (then) the property of the Cohein. These are the words of R. Akiva. But the sages hold that "placing" (in the azarah) is a prerequisite for the eating of bikkurim, but not the invocation; so that if he eats them after they have been placed in the azarah, even if the invocation has not yet been recited, he does not receive stripes. And the halachah is in accordance with the sages. The exhortation is from (Deuteronomy 12:17): "You shall not be able to eat in your gates the tithes of your corn … and the offering of your hands," concerning which the master said: "and the offering (terumah) of your hands" — this is bikkurim. For, if terumah per se, that does not require "bringing to the place (Jerusalem)." And for eating bikkurim, too, he does not receive stripes unless he ate them after they "saw the face of Jerusalem," before being placed in the azarah. But if he ate them outside Jerusalem, he does not receive stripes.], (and one who eats) holy of holies outside the (Temple) partitions, or lower-order offerings and second-tithe outside the wall. [The exhortation for all of these is from: "You shall not be able to eat in your gates … and all of your vows that you vow." For every eating outside its assigned place is called "eating in the gates." ("second-tithe":) Above, we learned of unclean, unredeemed second-tithe, as we explained, and here we learn of clean second-tithe which was eaten outside the wall. And it is only if he ate it outside the wall after "it saw the face of Jerusalem" that he receives stripes; but if one eats second-tithe outside Jerusalem, he does not receive stripes, it being written (Ibid. 18): "Before the L rd your G d shall you eat it," and afterwards (i.e., only after this applies, is there stripes violation of) "You shall not be able to eat it in your gates."] If one breaks a bone of a clean Pesach offering, he receives forty stripes, but if he leaves over of a clean one or breaks a bone of an unclean one, he does not receive stripes. [("if he leaves over":) it being written (Exodus 12:10): "And do not leave over anything of it until morning; and what is left over of it until morning, in fire shall you burn it." Scripture states a positive commandment after a negative one by way of saying: If you have transgressed the negative commandment, fulfill the positive one and you will not receive stripes. Also, "And do not leave over" is a negative commandment not involving an act, for which there is no stripes liability. ("or breaks a bone of an unclean one, etc.":) it being written: (Ibid. 46): "And a bone shall you not break in it" — in one that is kasher, and not in one that is pasul (unfit)].

הַנּוֹטֵל אֵם עַל הַבָּנִים, רַבִּי יְהוּדָה אוֹמֵר, לוֹקֶה וְאֵינוֹ מְשַׁלֵּחַ. וַחֲכָמִים אוֹמְרִים, מְשַׁלֵּחַ וְאֵינוֹ לוֹקֶה. זֶה הַכְּלָל, כָּל מִצְוַת לֹא תַעֲשֶׂה שֶׁיֶּשׁ בָּהּ קוּם עֲשֵׂה, אֵין חַיָּבִין עָלֶיהָ:

If one takes the mother bird together with the fledglings — R. Yehudah says: He receives stripes and does not send (the mother) away. [R. Yehudah holds that (Deuteronomy 22:7): "Send shall you send" connotes ab initio (i.e., if you have not taken it). And even though "Send shall you send" is written after (Ibid. 6): "You shall not take," the connotation is not: If you have taken it, send it away, but: Do not take it; rather, send it away. So that this is not a negative commandment linked to a positive one (for which there is no stripes liability)]. And the sages say: He sends it away and does not receive stripes. [They hold that "Send it away after you have taken it" is connoted, so that it is a negative commandment linked to a positive one. The halachah is in accordance with the rabbis.] This is the rule: There is no stripes liability for any negative commandment accompanied by a positive one, [where the Torah states, as it were: If you have transgressed the negative commandment, fulfill the positive one, e.g.: "You shall not take the mother bird together with the fledglings" — and if you did, "Send shall you send, etc."; (Deuteronomy 24:10): "Do not enter his house to claim his pledge" — and if you did, (Ibid. 13): "Return shall you return to him the pledge." In all such instances, if he fulfills the positive commandment, he does not receive stripes. But if he does not fulfill the positive commandment, as when he takes the mother together with the fledglings, and he slaughters it or it dies; or if he takes the pledge from his house and it is burned, in which case he cannot fulfill the positive commandment, he receives stripes.]

הַקּוֹרֵחַ קָרְחָה בְרֹאשׁוֹ, וְהַמַּקִּיף פְּאַת רֹאשׁוֹ, וְהַמַּשְׁחִית פְּאַת זְקָנוֹ, וְהַשּׂוֹרֵט שְׂרִיטָה אַחַת עַל הַמֵּת, חַיָּב. שָׂרַט שְׂרִיטָה אַחַת עַל חֲמִשָּׁה מֵתִים אוֹ חָמֵשׁ שְׂרִיטוֹת עַל מֵת אֶחָד, חַיָּב עַל כָּל אַחַת וְאֶחָת. עַל הָרֹאשׁ, שְׁתַּיִם, אַחַת מִכָּאן וְאַחַת מִכָּאן. עַל הַזָּקָן, שְׁתַּיִם מִכָּאן וּשְׁתַּיִם מִכָּאן וְאַחַת מִלְּמָטָּה. רַבִּי אֱלִיעֶזֶר אוֹמֵר, אִם נְטָלוֹ כֻלּוֹ כְאַחַת, אֵינוֹ חַיָּב אֶלָּא אֶחָת. וְאֵינוֹ חַיָּב עַד שֶׁיִּטְּלֶנּוּ בְתָעַר. רַבִּי אֱלִיעֶזֶר אוֹמֵר, אֲפִלּוּ לִקְּטוֹ בְמַלְקֵט אוֹ בִרְהִיטְנִי, חַיָּב:

One who makes a bald spot on his head, one who rounds off the corners of his head, one who destroys the corners of his beard, and one who makes one laceration (in his flesh) for a dead person are liable to stripes. [These are adduced in our Mishnah, for there is liability for each bald spot, each cutting, and each corner, as opposed to eating forbidden fats one piece after the other. But other (transgressions of) negative commandments alone, where there is no novelty, are not adduced. ("a bald spot":) for a dead person, viz. (Deuteronomy 14:1): "And do not make baldness between your eyes for the dead." And even though in respect to Cohanim (Leviticus 21:5), it is not written "for the dead," this is derived by identity: "baldness" - "baldness" — Just as with an Israelite, for the dead, so with Cohanim, for the dead. And the size of "baldness" is as a garis ( a bean). ("one who rounds off the corners of his head":) aligning the hair of one's temples with that behind his ears and that of his forehead. Even for cutting with scissors, where there is no "destruction," one is liable for the corners of the head. For "destruction" (hashchathah) is written only re the beard, and obtains only with a razor. But re the corners of the head, "rounding off" (hakafah) is written; he is liable for any manner of rounding off.] If one makes one laceration for five dead persons or five lacerations for one dead person, he is liable for each one individually, [it being written (Leviticus 19:28): "And a laceration for a (dead) person you shall not make," implying liability for each laceration and for each person, even if there were only one warning and all five lacerations were made at the same time.] For (rounding off the corners of) the head, he is liable (to stripes) twice, once for one side [the right], once for the other [the left]. For (destroying the corners of) the beard, (he is liable to stripes) twice for one side, twice for the other, and once for the bottom. [the juncture of the chin and the bone: one to the right of the chin, one to the left, and the beard-point in the middle —- three; and the temple junctures on either side — five. The upper cheekbone attached to the temples, and the lower cheekbone on the right; and the upper and lower cheekbone on the left — two on one side, two on the other, and the point of the beard, from which the hair issues like an ear (of corn, shibboleth, for which reason it is called "the shibboleth of the beard") — five.] R. Eliezer says: If he takes it off all at once, he is liable (to stripes) only once. [For since it is only one negative commandment, it is as if he eats two olive-sizes of forbidden fats at one warning.] And he is not liable unless he shaves it with a razor. [This refers to the corners of the beard, in respect to which "shaving" and "destruction" are written.] R. Eliezer says: Even if he took it off with pinchers or with a plane he is liable.

הַכּוֹתֵב כְּתֹבֶת קַעֲקַע, כָּתַב וְלֹא קִעֲקַע, קִעֲקַע וְלֹא כָתַב, אֵינוֹ חַיָּב, עַד שֶׁיִּכְתֹּב וִיקַעֲקֵעַ בִּדְיוֹ וּבִכְחֹל וּבְכָל דָּבָר שֶׁהוּא רוֹשֵׁם. רַבִּי שִׁמְעוֹן בֶּן יְהוּדָה מִשּׁוּם רַבִּי שִׁמְעוֹן אוֹמֵר, אֵינוֹ חַיָּב עַד שֶׁיִּכְתּוֹב שָׁם הַשֵּׁם, שֶׁנֶּאֱמַר (ויקרא יט) וּכְתֹבֶת קַעֲקַע לֹא תִתְּנוּ בָּכֶם אֲנִי ה':

If one writes with engraving (in the skin, i.e., tattooing), if he writes [on his skin with ink or bluing], but does not engrave [with a knife]; or if he engraves [with a knife], but does not write, [i.e., he does not fill it in with ink or bluing], he is not liable. (He is liable) only when he writes and engraves: with ink, bluing, or anything else that leaves an impression. [The language of Scripture is being followed, viz. (Leviticus 19:28): "writing that is engraved"; first writing, then engraving. But, in practice, the engraving is first, and then the writing. And the verse implies this: "Writing (in the midst of) engraving you shall not make upon yourselves."] R. Shimon b. Yehudah says in the name of R. Shimon: He is not liable until he writes the name there, it being written: "And writing that is engraved you shall not make upon yourselves; I am the L rd." [("until he writes the name there":) The Gemara explains that the name of idolatry is meant, the verse being understood thus: "Do not make upon yourselves the name of idolatry, for I am the L rd" — Do not join others unto Me. The halachah is not in accordance with R. Shimon.]

נָזִיר שֶׁהָיָה שׁוֹתֶה בַיַּיִן כָּל הַיּוֹם, אֵינוֹ חַיָּב אֶלָּא אֶחָת. אָמְרוּ לוֹ אַל תִּשְׁתֶּה אַל תִּשְׁתֶּה וְהוּא שׁוֹתֶה, חַיָּב עַל כָּל אַחַת וְאֶחָת:

If a Nazirite drank wine the entire day, he is liable (to stripes) only once, [for what he drank immediately after the warning. And if there were before him a vessel containing several revi'ioth of wine, and he were told: "Do not drink from this vessel, which contains so many and so many (forbidden) quantities (i.e., revi'ioth), for you will receive so many and so many stripes," he is liable for each quantity, even if he received only one warning.] If he were told: "Do not drink; do not drink," and he drank, he is liable for each one.

הָיָה מִטַּמֵּא לְמֵתִים כָּל הַיּוֹם, אֵינוֹ חַיָּב אֶלָּא אֶחָת. אָמְרוּ לוֹ אַל תִּטַּמֵּא, אַל תִּטַּמֵּא, וְהָיָה מִטַּמֵּא, חַיָּב עַל כָּל אַחַת וְאֶחָת. הָיָה מְגַלֵּחַ כָּל הַיּוֹם, אֵינוֹ חַיָּב אֶלָּא אֶחָת. אָמְרוּ לוֹ אַל תְּגַלֵּחַ אַל תְּגַלֵּחַ וְהוּא מְגַלֵּחַ, חַיָּב עַל כָּל אַחַת וְאֶחָת. הָיָה לָבוּשׁ בְּכִלְאַיִם כָּל הַיּוֹם, אֵינוֹ חַיָּב אֶלָּא אֶחָת. אָמְרוּ לוֹ אַל תִּלְבָּשׁ אַל תִּלְבָּשׁ וְהוּא פוֹשֵׁט וְלוֹבֵשׁ, חַיָּב עַל כָּל אַחַת וְאֶחָת:

If one made himself unclean to the dead the entire day, he is liable only once. If he were told: "Do not become unclean; do not become unclean," and he became unclean, he is liable for each act. If he shaved the entire day, he is liable only once. If he were told: "Do not shave; do not shave," and he shaved, he is liable for each act. If he clothed himself in kilayim the entire day, he is liable only once. If he were told: "Do not put it on; do not put it on," and he took it off and put it on, he is liable for each act. [("if he took it off and put it on":) He need not take it off entirely, but once he sticks his head out and puts it back in, he is liable. The Gemara explains that he does not actually take it off, but that there is enough time from warning to warning for him to take it off and put it on, in which instance he is liable for each warning.]

יֵשׁ חוֹרֵשׁ תֶּלֶם אֶחָד וְחַיָּב עָלָיו מִשּׁוּם שְׁמֹנָה לָאוִין, הַחוֹרֵשׁ בְּשׁוֹר וַחֲמוֹר, וְהֵן מֻקְדָּשִׁים, בְּכִלְאַיִם בַּכֶּרֶם, וּבַשְּׁבִיעִית, וְיוֹם טוֹב, וְכֹהֵן וְנָזִיר בְּבֵית הַטֻּמְאָה. חֲנַנְיָא בֶּן חֲכִינַאי אוֹמֵר, אַף הַלּוֹבֵשׁ כִּלְאָיִם. אָמְרוּ לוֹ, אֵינוֹ הַשֵּׁם. אָמַר לָהֶם, אַף לֹא הַנָּזִיר הוּא הַשֵּׁם:

It is possible for one to plow a single furrow and to be liable for (transgression of) eight negative commandments. [This, if he were warned against (transgression of) all of them]: plowing with an ox and an ass (together), when they are sanctified, [the ox, for (sacrifice upon) the altar; the ass, for Temple maintenance. With the ox, there is transgression of (Deuteronomy 15:19): "You shall not work with the firstling of your bullock." With the ass, an exhortation against me'ilah (abuse of Temple property), derived by identity "sin" (Leviticus 5:15) - sin (Ibid. 22:9), from terumah. And the negative commandment (Deuteronomy 22:10): "You shall not plow with an ox and an ass together" — (transgression of) three negative commandments], with kilayim ( a forbidden admixture) of the vineyard [In plowing, he covers over wheat and barley and (grape) kernels with soil, thereby transgressing (Deuteronomy 22:9): "You shall not sow your vineyard with kilayim," it being ruled that one who "covers over" kilayim receives stripes — even though he does not sow them, but only covers them over with soil. This gives us four negative commandments. Rambam reckons kilayim of the vineyard as two negative commandments, one (transgression) by reason of seed kilayim, there being two varieties of seed — wheat and barley — and another by reason of vineyard kilayim, because of the kernels. He reckons "sanctified ox and ass" as (transgression of) only one negative commandment.], on shevi'ith (the sabbatical year), [viz. (Leviticus 25:4): "…a Sabbath to the L rd; your field you shall not sow."], on a festival, [viz. (Ibid. 23:7): "All manner of work you shall not do."], and a Cohein and a Nazirite in the place of uncleanliness, [i.e., the cemetery, where he transgresses (Leviticus 21:1): "To a dead person he shall not become unclean among his people," stated in respect to Cohanim, and (Numbers 6:6): "Upon the soul of a dead one he shall not come," stated in respect to Nazirites.] Chanania b. Chachinai says: Also, (there can be included) one clothed in kilayim [as he is plowing.] They countered: This is not by reason of the name [i.e., The negative commandment against wearing kilayim does not obtain by reason of the furrow.] He countered: "Cohein and Nazirite," too, [which you included as (transgressions of) negative commandments] are not by reason of the name! [i.e., They do not obtain by reason of plowing, but by reason of going to a place of uncleanliness. Still, the first tanna includes them because he cannot plow with oxen unless he goes with them and leads them.]

כַּמָּה מַלְקִין אוֹתוֹ, אַרְבָּעִים חָסֵר אַחַת. שֶׁנֶּאֱמַר (דברים כה) בְּמִסְפָּר אַרְבָּעִים, מִנְיָן שֶׁהוּא סָמוּךְ לְאַרְבָּעִים. רַבִּי יְהוּדָה אוֹמֵר, אַרְבָּעִים שְׁלֵמוֹת הוּא לוֹקֶה. וְהֵיכָן הוּא לוֹקֶה אֶת הַיְתֵרָה, בֵּין כְּתֵפָיו:

How many stripes does he receive? Forty less one, it being written (Deuteronomy 25:2-3): "in number. Forty" — a number which is next to forty, [i.e., which causes "forty" to be said after it; that is, thirty-nine. If "forty in number" were written," I would understand it as "a count of forty." Now that it is written "in number forty," (I understand it as) a number which causes "forty" to be said after it, viz.: thirty-nine.] R. Yehudah says: He receives forty complete lashes. And where does he receive the additional one [(the fortieth) which cannot be "thirded"? For thirty-nine can be thirded: one-third in front, and two-thirds, one-third each on each shoulder. But where is the fortieth administered?] Between his shoulders. [The halachah is not in accordance with R. Yehudah.]

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.

כֵּיצַד מַלְקִין אוֹתוֹ, כּוֹפֵת שְׁתֵּי יָדָיו עַל הָעַמּוּד הֵילָךְ וְהֵילָךְ, וְחַזַּן הַכְּנֶסֶת אוֹחֵז בִּבְגָדָיו, אִם נִקְרְעוּ נִקְרָעוּ, וְאִם נִפְרְמוּ נִפְרָמוּ, עַד שֶׁהוּא מְגַלֶּה אֶת לִבּוֹ. וְהָאֶבֶן נְתוּנָה מֵאַחֲרָיו, חַזַּן הַכְּנֶסֶת עוֹמֵד עָלֶיהָ. וּרְצוּעָה שֶׁל עֵגֶל בְּיָדוֹ, כְּפוּלָה אֶחָד לִשְׁנַיִם וּשְׁנַיִם לְאַרְבָּעָה, וּשְׁתֵּי רְצוּעוֹת עוֹלוֹת וְיוֹרְדוֹת בָּהּ:

How is he smitten? His two hands are tied on either side to a post [stuck standing in the ground and high enough to lean upon], and the beadle of the congregation [the deputy of beth-din] takes hold of his garments. If they are torn, they are torn; and if they are rent [at the seam], they are rent — until he exposes his heart. And the stone is placed behind him [the one to be smitten.] The beadle of the congregation stands upon it with the thong of a calf in his hand, [it being written (Deuteronomy 25:3): "Forty shall he smite him," followed by (4): "You shall not muzzle an ox in its threshing."], doubled, one to two and two to four, [i.e., four thongs sewn one atop the other], and two [thin] thongs of an ass, running up and down through it [as a saddle band. The rationale: It is written (Isaiah 1:3): "The ox knows its owner, and the ass, its master's crib." The Holy One Blessed be He said: "Let that (the ass) which recognizes its master's crib come and exact punishment of him who did not recognize his Master's crib."]

יָדָהּ טֶפַח וְרָחְבָּהּ טֶפַח, וְרֹאשָׁהּ מַגַּעַת עַל פִּי כְרֵסוֹ. וּמַכֶּה אוֹתוֹ שְׁלִישׁ מִלְּפָנָיו וּשְׁתֵּי יָדוֹת מִלְּאַחֲרָיו. וְאֵינוֹ מַכֶּה אוֹתוֹ לֹא עוֹמֵד וְלֹא יוֹשֵׁב אֶלָּא מֻטֶּה, שֶׁנֶּאֱמַר (דברים כה) וְהִפִּילוֹ הַשֹּׁפֵט. וְהַמַּכֶּה מַכֶּה בְיָדוֹ אַחַת בְּכָל כֹּחוֹ:

Its handle [i.e., the handle to which the thong is attached] is a handbreadth [long], and its breadth (that of the calf thong) is a handbreadth and its tip (that of the thong) reaches his navel. [For this reason there must be a hole in the handle whereby the beadle can lengthen or shorten the thong as required; for one is smitten only with a thong whose tip reaches his navel.] And he is smitten, one-third in front and two-thirds behind, [it being written (Deuteronomy 25:2): "And he shall smite him before him according to his wickedness." "Before him" according to one wickedness (i.e., one-third) and behind him, one-third on one shoulder and one-third on the other.] And he smites him neither standing nor sitting, but bent over, it being written (Ibid.): "Then the judge shall bend him over." And the one who smites does so with one hand [(but when he raises the thong, he does so with both hands)], with all his strength, [it being written (Ibid. 3): "a great blow."]

וְהַקּוֹרֵא קוֹרֵא (שם כח) אִם לֹא תִשְׁמֹר לַעֲשׂוֹת וְגוֹ' וְהִפְלָא ה' אֶת מַכֹּתְךָ וְאֵת מַכּוֹת וְגוֹ', וְחוֹזֵר לִתְחִלַּת הַמִּקְרָא (שם כט) וּשְׁמַרְתֶּם אֶת דִּבְרֵי הַבְּרִית הַזֹּאת וְגוֹ', וְחוֹתֵם (תהלים עח) וְהוּא רַחוּם יְכַפֵּר עָוֹן וְגוֹ', וְחוֹזֵר לִתְחִלַּת הַמִּקְרָא. וְאִם מֵת תַּחַת יָדוֹ, פָּטוּר. הוֹסִיף לוֹ עוֹד רְצוּעָה אַחַת וָמֵת, הֲרֵי זֶה גוֹלֶה עַל יָדוֹ. נִתְקַלְקֵל בֵּין בְּרֶעִי בֵּין בְּמַיִם, פָּטוּר. רַבִּי יְהוּדָה אוֹמֵר, הָאִישׁ בְּרֶעִי וְהָאִשָּׁה בְּמָיִם:

And the reader reads, [it being written (Leviticus 19:20): "bikkoreth tihyeh" — "She shall be subject to the reading (kriah)," it being read over the smitten one: "If you shall not heed to do, etc." The senior judge reads, the second counts, and the third "calls" each stroke. And it is a mitzvah for the reader to complete the reading with the completion of the stripes. Failing to do that, he repeats the reading quickly, to make its ending coincide with the completion of the stripes.] ("The reader reads":) (Deuteronomy 28:58): "If you shall not heed to do … then the L rd will make wondrous your smitings and the smitings, etc.", and he returns to the beginning of the verse. (Ibid. 29:8): "And you shall keep the words of this covenant, etc." And he concludes (Psalms 78:38): "and He, being merciful, will atone for the sin, etc.", and he returns to the beginning of the verse. And if he dies under his hand, he is not liable, [having smitten him by authority]. If he added a lash, [erring in the number], and he died, he is exiled. If he soils himself, whether with excrement or with urine [while being smitten], he is except (from the remaining stripes), [it being written (Deuteronomy 25:3): "and your brother be demeaned before your eyes" — and he is thus demeaned.] R. Yehudah says: A man, with excrement; a woman, [even] with urine, [her shame being greater. The halachah is not in accordance with R. Yehudah.]

כָּל חַיָּבֵי כְרֵתוֹת שֶׁלָּקוּ, נִפְטְרוּ יְדֵי כְרֵתָתָן, שֶׁנֶאֱמַר (דברים כה) וְנִקְלָה אָחִיךָ לְעֵינֶיךָ, כְּשֶׁלָּקָה הֲרֵי הוּא כְאָחִיךָ, דִּבְרֵי רַבִּי חֲנַנְיָא בֶּן גַּמְלִיאֵל. אָמַר רַבִּי חֲנַנְיָא בֶּן גַּמְלִיאֵל, מָה אִם הָעוֹבֵר עֲבֵרָה אַחַת, נוֹטֵל נַפְשׁוֹ עָלֶיהָ, הָעוֹשֶׂה מִצְוָה אַחַת, עַל אַחַת כַּמָּה וְכַמָּה שֶׁתִּנָּתֵן לוֹ נַפְשׁוֹ. רַבִּי שִׁמְעוֹן אוֹמֵר, מִמְּקוֹמוֹ הוּא לָמֵד, שֶׁנֶּאֱמַר (ויקרא יח) וְנִכְרְתוּ הַנְּפָשׁוֹת הָעֹשֹׂת וְגוֹ', וְאוֹמֵר (שם) אֲשֶׁר יַעֲשֶׂה אֹתָם הָאָדָם וָחַי בָּהֶם. הָא, כָּל הַיּוֹשֵׁב וְלֹא עָבַר עֲבֵרָה, נוֹתְנִין לוֹ שָׂכָר כְּעוֹשֶׂה מִצְוָה. רַבִּי שִׁמְעוֹן בַּר רַבִּי אוֹמֵר, הֲרֵי הוּא אוֹמֵר (דברים יב) רַק חֲזַק לְבִלְתִּי אֲכֹל הַדָּם כִּי הַדָּם הוּא הַנָּפֶשׁ וְגוֹ', וּמָה אִם הַדָּם שֶׁנַּפְשׁוֹ שֶׁל אָדָם קָצָה מִמֶּנּוּ, הַפּוֹרֵשׁ מִמֶּנּוּ מְקַבֵּל שָׂכָר, גָּזֵל וַעֲרָיוֹת שֶׁנַּפְשׁוֹ שֶׁל אָדָם מִתְאַוָּה לָהֶן וּמְחַמַּדְתָּן, הַפּוֹרֵשׁ מֵהֶן עַל אַחַת כַּמָּה וְכַמָּה שֶׁיִּזְכֶּה לוֹ וּלְדוֹרוֹתָיו וּלְדוֹרוֹת דּוֹרוֹתָיו עַד סוֹף כָּל הַדּוֹרוֹת:

All those liable to kareth (cutting-off), who have received stripes, are absolved of their kareth [if they have repented], it being written (Deuteronomy 25:3): "…and your brother be demeaned before your eyes" — Once he has been demeaned, he is as your brother. These are the words of R. Chanania b. Gamliel. R. Chanina b. Gamliel said: Now if one who commits one (kareth) transgression has his soul taken from him, then one who performs one mitzvah, how much more so (does it follow) that his soul will be "granted" unto him! [Some understand this as referring to those liable to kareth, who were smitten, viz.: "…then one who accepts his judgment and does a mitzvah in being smitten, how much more so (does it follow) that his soul will be "granted" unto him and he will be absolved of kareth!" For "His measure for reward is greater than His measure for punishment." And others understand it as an independent statement to apprise us of the reward for mitvoth, a fortiori, from the punishment for transgressions.] R. Shimon says: It is derived from its place [i.e., from kareth liability, that we are dealing with, that if one sits and does not transgress, he receives reward as if he had done a mitzvah], it being written [in respect to illicit relations], (Leviticus 18:29): "And the souls who do it shall be cut off," and (Ibid. 5): "…and he (who observes the statutes against illicit relations) shall live in them" [followed by (6): "A man, a man, to all the kin of his flesh shall not draw near to uncover nakedness"], whereby it is derived that if one sits and does not transgress [by "uncovering nakedness"], he receives reward as if he had done a mitzvah. [Scripture states: "and he shall live in them" — just as kareth is indicated for one who transgressed. This, only where the transgression "presented itself" and he conquered his evil inclination and resisted it, as Yosef Hatzaddik (with the wife of Potiphar) and the like.] R. Shimon b. Rebbi says (Deuteronomy 12:23): "Only strengthen yourself not to eat the blood, for the blood is the soul … so that it shall be good for you and for your children after you, etc.": Now if blood, from which a man's soul recoils, still, if he abstains from it, he receives reward — then theft and illicit relations, for which a man's soul lusts, how much more so does one who abstains from them merit reward for himself, his generations, and his generations' generations to the end of all generations!

רַבִּי חֲנַנְיָא בֶּן עֲקַשְׁיָא אוֹמֵר, רָצָה הַקָּדוֹשׁ בָּרוּךְ הוּא לְזַכּוֹת אֶת יִשְׂרָאֵל, לְפִיכָךְ הִרְבָּה לָהֶם תּוֹרָה וּמִצְוֹת, שֶׁנֶּאֱמַר (ישעיה מב) יְיָ חָפֵץ לְמַעַן צִדְקוֹ יַגְדִּיל תּוֹרָה וְיַאְדִּיר:

R. Chananya ben Akashya says: The Holy One Blessed be He desired to accord merit to Israel, wherefore He multiplied for them Torah and mitzvoth, as it is written (Isaiah 42:21): "The L rd desired for his [Israel's] righteousness sake, [to vindicate them and to confer merit upon them], that Torah be aggrandized and glorified." [("He multiplied for them, etc.":) such as the section on forbidden ("detestable") animals and reptiles, to "multiply reward" for their abstaining from them. For even if they had not been forbidden, they would not eat them, a man naturally recoiling from them.]