Questions tagged [lashes-malkos]
Questions pertaining to the punishment of 39 lashes, a punishment administered by a qualified Bet Din for various sins.
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Why can women be lashed if Deuteronomy 25:3 speaks in masculine terms ("then thy brother should be dishonoured before thine eyes")?
According to Deuteronomy 25:3:
ג אַרְבָּעִים יַכֶּנּוּ, לֹא יֹסִיף: פֶּן-יֹסִיף לְהַכֹּתוֹ עַל-אֵלֶּה מַכָּה רַבָּה, וְנִקְלָה אָחִיךָ לְעֵינֶיךָ.
Forty stripes he may give him, he shall not exceed; lest, if ...
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Who administers the lashes against one who transgressed a Torah law or Rabbinic mandate?
Is the one administering the lashes the same person? Are there shifts? Is it an exceptionally righteous person? It would appear to me that one chosen to administer lashes might experience haughtiness.
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How is התראה (warning) effective for transgressions that take time (like eating prohibited foods)?
In order to be found liable by the court for a transgression, the defendant must have been issued a warning (התראה) that the action is prohibited. If this warning must be given תוך כדי דיבור, i.e. ...
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How can the Mishnah derive that lashes exempt kares, from a pasuk speaking only about one liable for lashes?
The Mishnah in Makkot 23a says
"All those liable to receive karet who were flogged in court were exempted from their karet
[...]
as it is stated with regard to one liable to receive ...
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When and why did we stop to receive lashes on Yom Kippur as Shu"A prescribes?
Shu"A Orach Hayim 607.6
כל הקהל לוקים מלקות ארבעים אחר תפלת המנחה
שמתוך כך יתן אל לבו לשוב מעבירות שבידו:
הגה ונהגו שהנלקה אומר וידוים בשעה שנלקה וכו'
All of the congregation receives ...
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How similar were Rabbinic mandated lashes to Torah mandated lashes?
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 (...
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Does a person who wets or soils himself during lashes still receive the kapparah?
The punishment of lashes serves as a kapparah (atonement) for a person's aveirah.
1) The Sefer HaChinuch (Mitzvah # 594) writes that the reason for the mitzvah of lashes was to penalize the sinner in ...
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When do other punishments other than death penalty, exempt one from a fine?
I'm not well-versed in the laws of various punishments and how they interact in the g'mara. I've seen places -- most recently Ketubot 45, today's daf -- where it says that somebody is punished with ...
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