More Discussions for this daf
1. Mekor for Insights- Please respond ASAP! 2. Misah Arichta 3. Apparent Inconsistency in Rashi
DAF DISCUSSIONS - MAKOS 13

Yosef T. asks:

On 13b, R' Yishmael says that there is no problem of kdei rishaso by missa and malkos because it is considered missa arichta.

In Mes' Ksuvos(I think on 37a) it explains that the svarah of missa arichta is because they are both afflicted on the body. Would that mean that R' Yishmael would also hold that getting two malkos punishments would also not be included in kdei rishaso since they too are afflicted on the body?

Yosef T., NY, USA

The Kollel replies:

I do not understand how Kedei Rish'aso could be applicable for two Malkus punishments. The principle of Kedei Rish'aso for Misah and Malkus applies, for example, when somebody commited a capital offense but was warned only that he would receive Malkus if he does it, as Rashi says here (end of 13a). In this case, there are two possible punishments that one could receive for the same offense, and Kedei Rish'aso tells us that one does not receive both. In contrast, for any one negative commandment of the Torah, one can receive only one set of Malkus, so Kedei Rish'aso is not relevant. This is not the same as Misah and Malkus, which are two different punishments.

Kol Tuv,

Dovid Bloom