1)

What are th implications of the word "Arba'im Yakenu"?

1.

Sifri: It implies thst the Shali'ach Beis-Din should strike him and not the floor or his clothes. 1

2.

Sifri: It implies that one may not give Malkos to two people simultaneously. 2


1

See Torah Temimah, note 21.

2

See Torah Temimah, note 22.

2)

Having written "Arba'im Yakenu", why does the Torah need to add "Lo Yosif, Pen Yosif"?

1.

Rashi: To render subject to a Lo Sa'aseh anyone who strikes a fellow-Jew. 1

2.

Makos, 23a: Even though Beis-Din appoint people who are weak in strength and strong in understanding to administer Malkos, the Torah tends to warn those who are already careful. 2

3.

Yerushalmi Sanhedrin, 1:1: "Arba'im Yakenu Lo Yosif" serves as the warning against striking one's father and mother - which is subject to a Chiyuv Misah. 3

4.

Sifri: "Lo Yosif" comes to render Chayav Malkos if the SHali'ach Beis-Din gives more than the thirty-nine Malkos prescribed by the Torah, and "Pen Yosif", if he adds on to the Chachamim's assssesment - of someone who is unable to receive the full quota prescribed by the Torah.


1

Rashi (in Sanhedrin, 84b): One for "Lo Yosef", and one for "Pen Yosif" (since the word "Pen" always alludes to a Lo Sa'aseh).

2

See Torah Temimah, note 24.

3

See Torah Temimah, citing the Yerushalmi, Ibid. and note 25.

3)

What are the connotations of "Makah Rabah"?

1.

Seforno: It means 'more than he can endure'.

2.

Targum Yonasan: Refer to 25:2:6:1.

4)

Having written "Lo Yosif, Pen Yosif" - implying even a small addition - why does the Torah need to insert the words "Makah Rabah"?

1.

Makos, 23a: To teach us that the Shali'ach Beis-Din must deliver the initial Makos with all his strength. 1

2.

Oznayim la'Torah (citing the Yalkut Shim'oni's text of the Sifri: 'This teches us that the initial Malkos are not considered 'Makah Rabah;.


1

See Torah Temimah, note 27.

5)

What are the connotations of "Veniklah Achicha le'Einecha"?

1.

Rashi: 'Although the Torah called the sinner a Rasha, once he has received his punishment, he reverts to being called 'your brother'.

2.

Seforno: One may not give the sinner more than his due because it causes him undue shame - inasmuch as the excessive pain will cause him to dirty himself by urinating or defecating (in front of Beis-Din). 1

3.

Sanhedrin, 10b: Beis-Din assess how many lashes he can endure 2 , and administer Malkos accordingly - to the nearest number divisible by three (less, not more).

4.

Makos 23a: A Chiyuv Kares who received Malkos is exempt from Kares 3 - because after Malkos, he reverts to being called 'Achicha'. 4

5.

Sanhedrin, 10a: It teaches Beis-Din to assess how many Malkos the sinner is able to bear - because after "Veniklah", he must still be called 'Achicha' and if he dies that is no longer feasible. 5

6.

Sifri: It implies that if the sinner soiled himself by urinating of defacating from the time he is tied down, he is Patur from Malkos. 6

7.

Tosfos, Sotah, 8a: The Shali'ach Beis-Din puls down his clothes until he uncovers the sinner's heart in orde to shame him. 7


1

Makos 23a: If Beis-Din assess that the Malkos will cause him to excrete (some say

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