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MAKOS 23
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SUMMARY

1. When a person is punished with Malkus he receives one third of the lashes on his chest and two thirds on his back.
 
2. When choosing a person to administer Malkus, there is a disagreement if we should look for someone who is physically weak and for someone who is mentally strong.
 
3. The greater of the judges reads verses while the lashes are being administered. A second judge counts the lashes. A third judge instructs the Shali'ach Beis Din to administer each lashing.
 
4. It is forbidden for the Shali'ach Beis Din to hit the transgressor more than the allotted amount of lashes.
 
5. There is a disagreement regarding the type of embarrassing accident which exempts a person from Malkus.
 
6. If a transgressor had an embarrassing accident, or escaped after being tied up to be lashed, he is exempt from Malkus. This is true even if he had not received a single lashing.
 
7. According to Rebbi Chananyah ben Gamliel, Malkus exempts a person from Kares.
 
8. If someone can lose his life for committing a single transgression, certainly a person can receive life for performing a single Mitzvah.
 
9. Hashem wanted to give us many opportunities for merit. Therefore He gave us many Mitzvos.
 
10. Beis Din on earth enacted three decrees which were ratified by the Heavenly Beis Din.
 
11. There were three instances when Ru'ach ha'Kodesh was present in a Beis Din.
 
12. There are 613 Mitzvos which were given to Moshe. They include 365 negative prohibitions and 248 positive commandments.

A BIT MORE

1. He is whipped while he is bent over, with his hands on each side of a pillar. The Shali'ach Beis Din stands on a rock behind the sinner, raises the whip with both hands, and brings it down on him with one hand in order to hit him with all of his might.
 
2. The Tana Kama rules that he must be physically weak and mentally strong. Although the Torah warns one not to give extra lashes, "encouragement is given only to the conscientious." Rebbi Yehudah says that he may even be physically strong and mentally weak.
 
3. The Beis Din attempts to time the reading of the Parshah so that it is completed at the same time the lashes are completed.
 
4. He may not give him even one or two more lashes than the Beis Din assessed that he is capable of withstanding.
 
5. The Chachamim rule that any type of accident exempts a person from Malkus. Rebbi Yehudah maintains that a woman is exempt as a result of an accidental discharge of urine, but not a man. Rebbi Meir rules that even a woman is not exempt as a result of an accidental discharge of urine.
 
6. If the whip snaps, he is exempt from Malkus only if he had already been hit at least once.
 
7. However, Rebbi Yitzchak learns that an Aveirah which is punished with Kares is not punished with Malkus.
 
8. A person is rewarded for a Mitzvah more than he is punished for an Aveirah, because the Midah Tovah of Hashem is 500 times greater than the Midah of punishment.
 
9. We were given many Mitzvos for the purpose of increasing our reward. It was not necessary to give us many prohibitions from eating insects since we would not have eaten them anyway. The purpose of all of those prohibitions is to increase our reward.
 
10. The three decrees were: the obligation to read the Megilah on Purim, greeting people with Hashem's name of Shalom, and penalizing the Leviyim by giving the Ma'aser also to the Kohanim.
 
11. In the Beis Din of Shem, Ru'ach ha'Kodesh confirmed that Tamar was pregnant from Yehudah. In the Beis Din of Shmuel, Ru'ach ha'Kodesh confirmed that Shmuel did not take even one ox from the people. In the Beis Din of Shlomo, Ru'ach ha'Kodesh confirmed the true mother of the disputed baby.
 
12. The 365 Mitzvos Lo Sa'aseh represent the days of the solar year. The 248 Mitzvos Aseh represent the limbs of a person's body.

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