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There are many laws regarding the administering of lashes for a person who transgressed a Torah law that carried such a penalty.

To name a few:

  • 39 lashes are the maximum number of lashes given (Rambam, Hilchos Sanhedrin 17:1)

  • Lashes are administered in sets of 3- 1/3 on his chest, 1/3 on his left shoulder, 1/3 on his right shoulder (Ibid 16:9)

  • If he urinates or releases his bowels while being lashed, he's exempt from the remaining lashes (Ibid 17:5)

  • The object used for lashes was a strap of calf's leather folded into two, and a second one, making four, and two straps of donkey leather attached to it that rise and descend with it (Ibid 16:8)

  • A weaker person should be the one administering the lashes (Ibid 16:9)

However, Chazal also had the ability to administer "makas mardus" (Rabbinically mandated rebellious lashes).

Question:

Were all these types of details ALSO followed when Rabbinically mandated lashes ("makas mardus") were administered?

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    עד שתצא נפשו seems to imply at least a possibility of more than 39
    – b a
    Commented Jul 24, 2019 at 17:23
  • @ba lav davka (could be 21 lashes for a person who could only withstand 20) but you're right- could be a possibility
    – alicht
    Commented Jul 24, 2019 at 17:25
  • The Romans would lash you with hooks attached to the lash. Rabbinic writings (and Oral Law) only allowed lashing after you have had a thorough examination with your doctor and even then, they were at a minimum
    – Turk Hill
    Commented Jul 24, 2019 at 18:24

1 Answer 1

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Ran, in his commentary on the Rif on Kesubos (16b in Old Rif pages) discusses the differences between malkos midoraysa and makkas mardus.

He addresses at least some of your questions.

He first quotes the aruch who says the malkos midoraysa necessitates prior warning, must be in multiples of 3 and we evaluate beforehand the number of malkos that the person can take. However, the malkos given when not performing a mitzvas asei or makkas mardus are unlimited, and we do not evaluate beforehand if he is capable of receiving them. This implies that makkas mardus can be more stringent than malkus doraysa.

However, he then quotes from Ram Halevi (I think this is Yad Ramah) who says that we do evaluate the number of lashes that he can receive and those lashes are lighter than those given for a d'oraysa.

He finally shares his own opinion that for a aveira that is continuing, we would not limit our lashes, but makkas mardus is less stringent than d'oraysa makkos in the same way as the Ramah.

Finally, he adds that we are not particular to use the same whip for makkas mardus.

There are further supercommentaries that add further opinions. The Bach quotes an opinion that makkas mardus only has 13 lashes. Rivash holds that it is 39 but lighter.

There may be further detail in the commentary of the ritva to that sugya in Kesubos.

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  • Well done. Upvote.
    – Turk Hill
    Commented Jul 24, 2019 at 18:34
  • Thanks for the answer and pointing towards further mekoros!
    – alicht
    Commented Jul 24, 2019 at 18:36

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