1)

How is it possible for a quarrel between two people to lead to Malkos?

1.

Ramban: If Reuven struck Shimon and the damage is less than a P'rutah, 1 if he cursed him with the Name of Hashem, 2 or if he took from him as a security a vessel that is used to process food. 3


1

Kesuvos, 32b. .

2

Shevu'os, 36a.

3

Bava Metzi'a, 115a.

2)

Why does the Torah iinsert the (otherwise superfluous) word "ha'Rasha"?

1.

Sanhedrin, 33b: To teach us via a Gezeirah Shavah "Rash" "Rasha" from Chayvei Misah, that just as it is a Mitzvah to try and save the defendant from Misah, so too is it a Mitzvah to save him from Malkos. 1

2.

Makos, 5a: To teach us via a Gezeirah Shavah "Rash" "Rasha" from Chayvei Misah, that just as there is no such thing as partial Misah, so too, is there sno such thing as partial Malkos, and that therefore - as opposed to Mamon, which is divided equally among the Eidim - each of the Eidim Zom'min, must receive the full thirty-nine lashes. 2


1

See Torah Temimah, note 11.

2

See Torah Temimah, note 12.

3)

What are the implications of "Vehipilo ha'Shofet ... "?

1.

Rashi and Targum Yonasan: It implies that one receives Malkos, (neither standing nor sitting, but) leaning. 1

2.

Seforno: It implies that Beis-Din stretch him over the stand.

3.

Targum Onkelos: It implies that Beis-Din cast him down.

4.

Makos, 23a: It teaches us - since the Torah did not write 'Veyateihu' - that the strap should bee doubled and doubled again. 2


1

See Torah Temimah, note 13 and answer #3. See also Torah Temimah on Pasuk 3, note 23:

2

See Torah Temimah, note 14.

4)

Why does the Torah insert the word "Lefanav"?

1.

Rashi: In order to read it together with "K'dei Rish'aso", and to Darshen 'in front, according to his evil, and behind, double' 1 - one third (thirteen lashes) in front and two-thirds (twenty-six) between the shoulder-blades. 2

2.

Sifri: The Torah writes "Vehikahu Lefanav" and not 'Vehipilo Lefanav' to teach us that the Shali'ach Beis-Din who strikes the sinner must keep his eyes on him for the duration of the Malkos. 3


1

See Torah Temmimah, note 18.

2

See Oznayim la'Torah in Pasuk 3 DH Arba'im Yakenu', citing R. Bachye.

3

See Torah Temimah, note 15 and Oznayim la'Torah - though the Sifri is referring to the one who strilkes him, and not to the Dayan who is overseeing the Malkos, as he (the Oznayim la'Torah) explains.

5)

What are the implicatons of the (otherwise superfluous) words "K'dei Rish'aso"?

1.

Makos, 4b: It implies that a person can only receive one punishment. Consequently, whenever a person is Chayav Mamon he cannot be Chayav Malkos as well. 1

2.

Refer to 25:2:3:1.

3.

Oznayim la'Torah: "K'dei Rish'aso" hints at the Pesukim that one of the Dayanim recite - "Im Lo Sishmor ... Vehiflah Hashem es Makoscha", "be'Mispar" at the Dayan who counts the lashes and "Arba'im Yakenu" - in the folowing Pasuk - at the Dayan who shouts 'Strike!'


1

See Torah Temimah, note 16.

6)

Why does the Torah write "be'Mispar" and not "ba'Mispar"?

1.

Rashi: In order to read it Samuch [next] to "Arba'im", and to Darshen 'be'Mispar Arba'im' - the number leading to forty (thirty-nine). 1


1

See Sifsei Chachamim and Oznayim la'Torah, who elaborates.

7)

What is the significance of the forty Malkos?

1.

Ramban (citing the Tanchuma): Since he transgressed a command in the Torah that was given in forty days, thereby causing death to himself, who was formed in forty days, he receives forty lashes as a punishment.

2.

Rosh: They correspond to the forty curses that Adam, Chavah, the snake and the land received [after the sin of Eitz ha'Da'as] - ten each.

8)

If the sinner deserves fory Malkos, why does the Torah detract one?

1.

Targum Yonasan: Because more than thirty-nine constitutes life- danger. 1

2.

Gur Aryeh: Because Hashem in His mercy detracts a little from the punishment. Whilst delivering the Malkos, they recite "ve'Hu Rachum


1

Nosei K'lei Yonasan: The Torah assessed that an average person cannot endure more than thirty-nine. (This is a big Chidush. Surely the number of lashes one can endure varies from person to person! Beis Din evaluates each person individually! There are Aveiros for which one is liable two or more sets of Malkos. He must say that this is only for exceptional people! (PF)

2

The Torah could have left the obligation to be forty, and indeed, one would receive thirty-nine for one La'av, but one who deserves three sets of lashes, a hundred and twenty (PF).

9)

How will we reconcile the current Pasuk which rules that Eidim Zom'min are subject to Malkos (Makos, 2b). with the Pasuk in Parshas Shoftim, 19:19, where the Torah rules that they receive the same punishment as they planned to mete out to the defendant or to the litigant?

1.

Ramban #1 (in Pasuk 1, citing Makos, 2b): Because the Torah is referring to Eidim Zom'min who testified that Shimon is an Eved, a Mamzer or a ben Gerushah (a Pasul Kohen), on whom it is impossible to carry out 'Ka'asher Zamam.' 1

2.

Ramban #2 (in Pasuk 1): Eidim Zomemin testified that Shimon transgressed a La'av (for which one receives Malkos).


1

Makos, 2a & 2b: Because their testimony would have affected also Shimon's wife and children. Consequently, since the Torah said to punish only the witnesses but not their families, it is not posssible to punish them just like they plotted - without punishing also their families. See also Oznayim la'Torah who adds three more cases where 'Ka'asher Zamam' is not applicable and who will therefore receive Malkos and who elaborates in general.

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