OTHER POSSIBLE LASHES FOR PLOWING ONE FURROW (cont.)
Question (Abaye - Mishnah): One who cooks Gid ha'Nasheh in milk on Yom Tov, and eats it, is lashed five times - for eating Gid ha'Nasheh, for cooking unnecessarily on Yom Tov, for cooking meat and milk, for eating meat and milk, and for burning on Yom Tov.
He is lashed twice for Melachos on Yom Tov!
Answer #1 (Rava): The text of the Beraisa is mistaken. It should omit burning on Yom Tov, and it should say that the Gid was of a Neveilah (the fifth lashes are for eating Neveilah).
Question: R. Chiya taught that he is lashed twice for eating and three times for cooking!
Answer #2 (Rava): Rather, it should omit burning, and say that the wood was from an Asherah. He transgressed "v'Lo Yidbak b'Yadcha Me'umah Min ha'Cherem"!
Objection (Rav Acha brei d'Rava): If so, he also transgresses "v'Lo Savi To'evah El Beisecha"!
Answer #3 (Rav Acha brei d'Rava): Rather, the wood was Hekdesh, and he transgressed "va'Ashereihem Tisrefun ba'Esh...; Lo Sa'asun Ken la'Shem."
Question #2 (why our Mishnah (21b) say that he is lashed only eight times - R. Hoshaya): He can transgress also planting in a Nachal Eisan (a valley where an Eglah Arufah was beheaded) - "Asher Lo Ye'aved Bo v'Lo Yizare'a"!
Question #3 (R. Chananya): He can transgress also erasing Hash-m's name (by plowing through it) - "v'Ibadtem Es Shemam... Lo Sa'asun Ken la'Shem."
Question #4 (R. Avahu): He can transgress also cutting off Tzara'as - "Hishamer b'Nega ha'Tzara'as"!
Question #5 (Abaye): He can transgress also displacing the Choshen from the Efod (garments of the Kohen Gadol), and removing the poles that carry the Aron from the rings on the Aron! (Ritva - if he plows with the poles while wearing the Choshen, he is liable for not returning them.)
Question #6 (Rav Ashi): He can transgress also plowing with wood of an Asherah - "v'Lo Yidbak b'Yadcha Me'umah Min ha'Cherem"!
Question #7 (Ravina): He can transgress also cutting good trees - "Ki Mimenu Sochel v'Oso Lo Sichros."
Question #8 (R. Ze'ira): He can transgress also a false oath, if he had sworn not to plow on Yom Tov!
Objection (R. Mani): That oath does not take effect, for the oath of Sinai (when Yisrael accepted the Torah) already forbids this!
Answer: The case is, he swore not to plow on Chol or Yom Tov. Since the oath takes effect regarding Chol, it also takes effect regarding Yom Tov.
Answer #1 (to Question #8): The Mishnah does not list transgressions that can be annulled (he can permit his oath).
Question: the Mishnah lists Hekdesh. He can annul his Hekdesh!
Answer: The case is, it is a Bechor. (It is Hekdesh due to birth. He cannot annul it!)
Question: The Mishnah lists Tum'ah of a Nazir. He can annul his Nezirus!
Answer: The case is, he is a Nazir Shimshon (which cannot be annulled).
Objection: A Nazir Shimshon may become Tamei!
Answer #2 (to Question #8): The Tana holds that Isur Kolel does not take effect. (Normally, another Isur does not take effect on something already forbidden. Some say that it does if it is Kolel, i.e. it also forbids things that were permitted, therefore, it takes effect also on what was already Asur. Our Tana disagrees. Therefore, the oath not to plow on Chol takes effect, but it does not take effect regarding Yom Tov. Answer (o) is not true, so R. Mani's objection answers Question #8.)
(R. Hoshaya): One who mates a blemished Korban (after it was redeemed) is lashed (even if he mates it with its own species. It is like two species, Chulin (one may eat it, like Chulin) and Kodshim (one may not shear it or work with it). Therefore, one is lashed for crossbreeding diverse species. Our text says that he is lashed twice. Mating is considered work, so he is lashed also for working with a blemished Korban. Many delete this from the text.)
(R. Yitzchak): One who conducts (works with) a blemished Korban (after it was redeemed) is lashed (for working with diverse species);
Even though it is one animal, the Torah considers it like two species.
THE TOTAL NUMBER OF LASHES
(Mishnah): One who is lashed receives 39 lashes. "B'Mispar Arba'im" means the number followed by 40;
R. Yehudah says, he receives a full 40 lashes;
(The Mishnah on 22B teaches that the lashes are evenly divided among three places.) The extra (40th) lash is between his shoulders.
We estimate (how many lashes he can survive) only a number divisible by three.
If we estimated that he can survive 40 (really, 39) and after he was lashed some of them we estimate that he cannot bear them, he is exempt (for he was already humiliated).
If we estimated that he can survive 18, and after he was lashed 18 we estimate that he can bear 40, he is exempt.
(Gemara) Question: What is the reason (why he gets only 39 lashes)?
Answer: Had it said 'Arba'im b'Mispar', we would say that it means 40;
Instead, it says "b'Mispar Arba'im", i.e. the number followed by 40.
(Rava): Most people are foolish. They stand for a Sefer Torah, but not for Chachamim;
The Torah says to give 40 lashes, and Chachamim expounded that it is only 39!
(Mishnah - R. Yehudah): He receives a full 40 lashes (the extra lash is between his shoulders).
(R. Yitzchak): R. Yehudah learns from "Mah ha'Makos he'Eleh Bein Yadecha v'Amar Asher Hukeisi Beis Me'ahavai" (Ritva - the extra lash is between his arms; Aruch l'Ner - 39 lashes are for the sin, the extra one arouses Hash-m's love for him);
Chachamim explain that this discusses a Rebbi lashing children.
(Mishnah): ... (After he was lashed some, we estimate that he cannot bear them, he is exempt).
Inference: He is exempt because he already received some lashes.
Contradiction (Beraisa): If we estimated that he can survive 40, then we estimated that he cannot bear 40, he is exempt;
If we estimated that he can survive 18, and then we estimated that he can bear 40, he is exempt.
Resolution (Rav Ashi): In the Mishnah, the second estimation was the same day. Surely, he did not change! Rather, the first estimation was a mistake, so he is not exempt until he is lashed;
In the Beraisa, the second estimation was on another day. Presumably, our estimation was proper, but he became weaker. He was already humiliated through the first estimation, so he is exempt.
(Mishnah): If one transgressed something forbidden by two Lavim:
If one estimation was made for both Lavim, he receives that amount, and he is exempt;
If the estimation was made for one Lav, he receives that amount. After he recovers, we estimate and lash him for the other.
(Gemara - Beraisa) Contradiction: We do not make one estimation for two Lavim.
Resolution (Rav Sheshes): An estimation of at most 41 does not exempt two Lavim (for he only receives 39, the multiple of three before this, just like he would for one Lav);
An estimation of at least 42 exempts two Lavim.
HOW WE LASH
(Mishnah): To lash (Reuven), we lean him on a post and tie his hands to it;
The overseer of Beis Din grabs him by his garments. He is not concerned whether they tear on the seams or elsewhere. He tears until his chest is exposed.
The overseer stands on a rock, holding a (Me'iri; Rivan - two) calf-skin strap(s) folded into four. Two straps (of donkey skin) are attached.
The whip handle is a Tefach, the width of the whip is a Tefach, and the end (wraps around the width (Rivan; Ritva - the length) of Reuven's back and) reaches his stomach.
One third of the lashes are on the stomach, and two thirds are on the back (Ritva - in the middle; Rambam - one third on each shoulder).
He is not lashed standing, nor sitting, rather, leaning - "v'Hipilu ha'Shofet."
The one lashing lashes with one hand, with all his strength. Another reads "Im Lo Sishmor... v'Hifla Hash-m Es Makosecha" , and repeats it.
If Reuven dies, the overseer is exempt. If he died from an extra lash, the overseer is exiled.
If Reuven urinated or excreted (Rambam - from the lashes, and not from fear beforehand), he is exempt (for he was humiliated);
R. Yehudah says, a man is exempt if he excreted. A woman is exempt if she urinated or excreted.