In the mishna on 23a it says that once you get malkos you are now patur from kares. How does that work with the machlokes on 13b between R' Akiva, R' Yishamael, and R' Yitzchok about getting kares and malkos (especially with kdei rishasso) ?
Yosef T., NY, USA
The Sfas Emes (23a) says that the Mishnah is actually according to everyone. This is because the Mishnah did not say, "Chayvei Kerisus Lokin v'Niftarin" but rather, "she'Laku Niftaru," meaning that if they got lashes they are exempt from Kares. Accordingly, even Rebbi Yitzchak would agree that if they happened to receive lashes they are exempt. The Sfas Emes admits that the standard case is that Beis Din knows what they are doing, but even so the Mishnah wanted to include a case where lashes was administered when it was not required. (See the Sfas Emes at length.)
All the best,
Yaakov Montrose