TEACHINGS OF RAV SHESHES IN THE NAME OF R. ELAZAR BEN AZARYAH
(Gemara): (The reason (we tie him to a post, or tear his garments) is "v'Nikleh (he is humiliated)" - Bach deletes this from the text.)
Question (Rav Sheshes): What is the source that the whip should be from a calf?
Answer: Right after "Arba'im Yakenu" it says "Lo Sachsom Shor b'Disho."
Question (Rav Sheshes): What is the source that if a Yavam is leprous, the Yevamah may demand Chalitzah?
Answer: The Parshah of Yibum is right after "Lo Sachsom Shor b'Disho" (do not suppress her claim).
(Rav Sheshes): One who disgraces the festivals (Rivan, Rashi on Avos - he works on Chol ha'Mo'ed; Rambam - does not honor Yom Tov) is like one who serves idolatry. Right after "Elohei Masechah Lo Sa'aseh Lecha" it says "Es Chag ha'Matzos Tishmor."
(Rav Sheshes): One who speaks or believes Lashon ha'Ra or testifies falsely should be cast to dogs. Right after "la'Kelev Tashlichun Oso", it says "Lo Sisa Shema Shav."
THE WHIP USED FOR LASHING
(Mishnah): Two straps...
(Beraisa): The straps are of donkey skin.
A man of Galil: "Yada Shor Konehu v'Chamor Evus B'alav Yisrael Lo Yada" - a sinner, who does not recognize his Master's feeding trough, will be chastised through a donkey, which recognizes its master's feeding trough.
(Mishnah): The whip handle is a Tefach... (the end reaches Reuven's stomach).
(Abaye): This teaches that we make a whip for each person lashed (so it will be the right size).
Objection (Rava): If so, Beis Din will have many whips!
(Rava): Rather, it has loops to adjust the size.
(Mishnah): One third of the lashes...
Question: What is the source of this?
Answer (Rav Kahana): "V'Hikahu Lefanav Kedei Rish'aso b'Mispar" - in front, he is lashed according to his evil (but in back he is lashed more, i.e. twice as much, this is the smallest Chidush - Rashi on Chumash, according to Mizrachi).
(Mishnah): He is not lashed standing...
(Rav Chisda): "V'Hipilu" is the source to fold the whip.
Question: We need this to teach that he is whipped leaning!
Answer: Had it said 'Yatehu', we would learn only that he is whipped leaning;
Instead it says "v'Hipilu" (we read this as if it said 'v'Hichpilu (he will double over)' - Yerushalmi).
(Mishnah): He lashes with one hand...
(Beraisa): We pick only a weak person with intelligence to lash;
R. Yehudah says, we may even pick a strong person lacking intelligence.
(Rava): Presumably, the Halachah follows R. Yehudah, for it says "Lo Yosif Pen Yosif";
An intelligent person would not need to be warned!
Rejection: Chachamim's opinion is reasonable. We warn only the zealous (for they will heed it)!
(Beraisa): He lifts the whip with two hands, and lashes with one hand (in order to lash strongly).
(Mishnah): Another reads ("Im Lo...")
(Beraisa): The greatest judge reads, the next greatest counts, and the third says 'lash him!';
If many lashes will be given, he reads slowly (so he will not finish before the lashes are finished). If few lashes will be given, he reads quickly.
Contradiction (Mishnah): He repeats the verse (if he finishes first)!
Resolution: L'Chatchilah, he should try to finish at the same time. B'Di'eved, he repeats the verse.
(Beraisa) Question: The verse forbids giving an extra "Makah Rabah" (a great blow). What is the source to forbid even a light blow?
Answer: We learn from "Lo Yosif."
Question: If so, why do we need "Makah Rabah"
Answer: This teaches that the previous lashes are mighty.
DISGRACE EXEMPTS FROM LASHES
(Mishnah): If Reuven urinated...
(Beraisa - R. Meir): If a man or woman excreted, he or she is exempt, but not if he or she urinated;
R. Yehudah says, a man is exempt (only) if he excreted. A woman is exempt (even) if she urinated;
Chachamim say, a man or woman is exempt if he or she excreted or urinated.
Contradiction (Beraisa - R. Yehudah): A man and woman are the same if they excreted (this exempts).
Resolution (Rav Nachman): They are the same if they excreted, but not if they urinated.
(Shmuel): If he was tied to be lashed and fled, he is exempt (he was humiliated).
Question (Beraisa): If he excreted, whether on the first or second time (Rambam - he was sentenced for two sets of lashes; Ritva - the first or second lash; Rivan - the first or second time the overseer raised his hand in order to lash), he is exempt;
If the whip broke the second time, he is exempt, but not if it broke the first time.
According to Shmuel, in either case he should be exempt!
Answer: Shmuel exempts because he was humiliated by fleeing. Here, he did not flee.
Version #1 - our text - (Beraisa): If they estimate that he will excrete (immediately) when lashed, he is exempt;
If they estimate that he will excrete after he leaves Beis Din, he is lashed.
Even if he excreted the first time (but before the overseer raised his hand), he is lashed - "v'Hikahu... v'Niklah"- not that he was disgraced before being lashed.
Version #2 - Rambam - (Beraisa): If the excreted during the lashes, he is exempt;
If he excreted before being lashed, he is not exempt;
Even if he (was so afraid that he) excreted the night before, he is lashed - "v'Hikahu... v'Niklah" excludes one who was disgraced before being lashed.
DO LASHES EXEMPT FROM KARES?
(Mishnah - R. Chanina ben Gamliel): Anyone Chayav Kares who was lashed is exempted from Kares. "V'Niklah Achicha l'Einecha" - after he is lashed, he is like your brother;
If one who sins loses his life for it (Kares includes Misah bi'Ydei Shamayim), and all the more so one who does a Mitzvah receives life for it (because Hash-m's Midah to reward is greater than His Midah to punish; R. Ovadyah mi'Bartenura - some explain, his reward for accepting his punishment is to be exempted from Kares ).
R. Shimon says, we learn from "... v'Nichresu ha'Nefashos ha'Osos", and it says - "Asher Ya'aseh Osam ha'Adam va'Chai Bahem" (do not sin with Arayos):
One who is passive and does not sin receives reward like one who did a Mitzvah.
R. Shimon bar Rebbi says, "Chazak l'Vilti Echol ha'Dam" - one finds blood revolting, yet he is rewarded for refraining from eating it. People desire theft and Arayos, so all the more so one who refrains from them merits for himself and all his descendants forever!
R. Chanina ben Akashya says, Hash-m wanted to bring merit to (some explain - refine) Yisrael, therefore he gave them many Mitzvos - "Hash-m Chafetz Lema'an Tzidko Yagdil Torah v'Yadir."
(Gemara - R. Yochanan): Chachamim argue with R. Chanina ben Gamliel.
(Rav Ada bar Ahavah): A Mishnah teaches this!
(Mishnah): The only difference between Shabbos and Yom Kipur is that intentional desecration of Shabbos is punishable by Beis Din, and the punishment for Yom Kipur is Kares.
According to R. Chanina ben Gamliel, both are punishable by Beis Din!
Rejection #1 (Rav Nachman): No, that Mishnah is like R. Yitzchak, who says that Chayavei Kerisus are not lashed.
(Beraisa - R. Yitzchak): The Torah taught that (all) Arayos are Chayavei Kerisus, and (superfluously) mentions Kares for Bi'ah with a sister;
This teaches that it (and all other Chayavei Kerisus) are punishable by Kares, and not by lashes.
Rejection #2 (Rav Ashi): The Mishnah is even like Chachamim (who argue with R. Yitzchak). It means that the primary punishment for Shabbos (b'Mezid) is by Beis Din, and the primary punishment for Yom Kipur (b'Mezid) is Kares (even though lashes can exempt from Kares).
(Rav Ada bar Ahavah): The Halachah follows R. Chanina ben Gamliel.
Rav Yosef: Hash-m decides who gets Kares. Who heard from Him whom the Halachah follows?!
Abaye: R. Yehoshua ben Levi taught that Beis Din made three enactments, and the Heavenly Beis Din agreed. (They are brought below.) Who told him what the Heavenly Beis Din said?!
We must say that he learned this through expounding verses. Likewise, Rav Ada expounds a verse!
APPROVAL FROM ABOVE
(R. Yehoshua ben Levi): Beis Din made three enactments, and the Heavenly Beis Din agreed: reading Megilas Esther on Purim, greeting people with Hash-m's name, and bringing Ma'aser (from (all) fruits and vegetables; alternatively, to the Mikdash, in order that Kohanim will share it with the Leviyim).
Regarding reading the Megilah, "Kiymu v'Kiblu ha'Yehudim" teaches that the Beis Din above affirmed what Yisrael accepted below;
We learn about greeting people with Hash-m's name from "Bo'az Ba... Hash-m Imachem" and "Hash-m Imcha Gibor he'Chayil."
Question: Why do we need the second verse?
Answer: One might have thought that Bo'az decided by himself and Beis Din above did not agree. "Hash-m Imcha" shows that Hash-m agreed. (This verse was said to Gid'on. Bo'az, who is the Shofet Avtzan, was five Shoftim and over 100 years later! Maharsha cites Midrashim that he married Rus at the end of his life; he left this difficult. Aruch l'Ner says that when Bo'az enacted, he did not know the verse; Shmuel wrote Sefer Shoftim afterwards. Tosfos Shantz says that Bo'az did according to a previous enactment (i.e. before Gid'on). If so, 'perhaps Bo'az did on his own...' is imprecise Perhaps "Hash-m Imcha Gibor ha'Chayil" hints to Hash-m's consent, for it is essentially the same Brachah that Boaz gave ("Hash-m Imachem"), and Bo'az is called "Gibor Chayil" (Rus 2:1). At the time, Bo'az did not know that a verse would call him Gibor Chayil. (PF)
We learn about Ma'aser from "Havi'u Es Kol ha'Ma'aser... va'Harikosi Lachem Berachah Ad Bli Dai." (Hash-m's blessing shows that He agreed.)
Question: What does it mean "Ad Bli Dai"?
Answer (Rami bar Rav): It is until your lips will wear out from saying 'enough'!
(R. Elazar): Ru'ach ha'Kodesh appeared openly in three places - the Batei Din of Shem, Shmuel and Shlomo.
We learn about Shem's Beis Din from "va'Yaker Yehudah va'Yomer Tzadkah Mimeni."
Question: How could he know that she was pregnant from him? (Perhaps she had Bi'ah with others, too!)
Answer: (Yehudah said only "Tzadkah.") Ru'ach ha'Kodesh said 'Mimeni Yatz'u Kevushim' (Hash-m directed hidden matters to cause seed from Yehudah and Tamar.)
We learn about Shmuel's Beis Din from "Anu Vi Neged Hash-m... va'Yomer Ed."
Question: It should say 'va'Yomru' (the people answered him)!
Answer: A Bas Kol announced 'I (Hash-m) testify to this.'
We learn about Shlomo's Beis Din from "(do not kill the baby.) Hi Imo";
Question: How did he know that she was his mother? Perhaps she schemed to refuse to kill him in order to appear like the mother!
Answer: A Bas Kol announced "Hi Imo."
Rejection (Rava): These things could be known without Ru'ach ha'Kodesh!
Perhaps Yehudah calculated the months and days from when he had Bi'ah with her (and it corresponded that the fetus showed now). He did not know that she had Bi'ah with anyone else, so we do not attribute er pregnancy to something unknown!
Regarding Shmuel, we find that Yisrael are referred to in the singular - "Yisrael Nosha ba'Shem"!
Perhaps Shlomo reasoned that since one had mercy on the baby, and the other did not, the former was the mother!
Rather, tradition teaches that Ru'ach ha'Kodesh said these things.
(R. Simlai): Moshe received 613 Mitzvos. They are 365 Lavim, corresponding to the days of the (solar) year, and 248 Mitzvos Aseh, corresponding to the limbs in a man.
(Rav Hamnuna): He learns from "Torah Tzivah Lanu Moshe" - the Gematri'a of Torah is 611;
Additionally, Yisrael heard two Mitzvos (the first two utterances) directly from Hash-m, "Anochi..." and "Lo Yihyeh Lecha."