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MAKOS 22
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SUMMARY

1. If someone vows not to plow on Yom Tov, the vow does not take effect.
 
2. If a person vows not to plow neither on a weekday nor on Yom Tov, there is a disagreement whether the vow takes effect.
 
3. If a person is a "Nazir Shimshon," he may become Tamei to dead bodies. He never becomes released from such a Nezirus.
 
4. If a person breeds or guides a single animal that was redeemed from Hekdesh, it is regarded as breeding or guiding a pair of animals that are Kil'ayim with each other, and he is punished with Malkus.
 
5. According to the Tana Kama, the punishment of Malkus consists of thirty-nine lashes. Rebbi Yehudah says that it consists of a full forty lashes.
 
6. If Beis Din assessed that a person could withstand forty lashes, but after receiving some of them it was estimated that he could bear no more, he is exempt from further lashes.
 
7. If Beis Din originally estimated that a person is capable of withstanding only 18 lashes, even if later (after he received 18 lashes) it was estimated that he could withstand all forty, he is exempt from further lashes.
 
8. A person transgresses two prohibitions which are punishable with Malkus in a single act. Sometimes he is given two sets of Malkus, and sometimes he is given only a single set of Malkus.
 
9. A leather strap made from the hide of a calf is used for Malkus.
 
10. If the transgressor dies as a result of the Malkus, the Shali'ach Beis Din is exempt from Galus.

A BIT MORE

1. Since every Jew already swore on Har Sinai to keep the Torah, including the prohibition against plowing on Yom Tov, a second Shevu'ah not to plow does not take effect.
 
2. According to some opinions, since the Shevu'ah takes effect to prohibit plowing on a regular weekday, it takes effect to prohibit plowing on Yom Tov as well.
 
3. Shimshon was a Nazir as a result of the orders of an angel. Although he did not drink wine or cut his hair, he did become Tamei to Mesim. He may not be released from his Nezirus because it was dictated by an angel rather than as a result of a Neder on his part.
 
4. The redeemed animal is partially Chulin, since it may be eaten without being offered as a Korban. It is partially Hekdesh, since it may not be sheared or milked. Consequently, it is considered two different species. Therefore, even if one breeds a redeemed animal of Hekdesh with its own species, it is tantamount to crossbreeding two different species, and he transgresses the prohibition of Kil'ayim.
 
5. The Torah states that Malkus consists of forty lashes. It is written, "The number of forty," instead of, "Forty in number." The Chachamim infer from this wording that the sinner must receive up to forty lashes, but not the full forty.
 
6. However, if he had not yet received any lashes, since the Beis Din changed its assessment on the same day, the original assessment is disregarded and he is given lashes in accordance with the new assessment. If the Beis Din originally assessed that he was capable of withstanding all forty lashes, and on a different day assessed that he will not withstand the forty lashes, he is exempt from any further lashes. The original assessment is valid. Since the situation has not changed, and he has already been disgraced, he is now exempt from further lashes.
 
7. If the Beis Din originally assessed that he was capable of withstanding only eighteen lashes but on a different day assessed that he could withstand all forty, he is given only the number of lashes of the original assessment.
 
8. If he was assessed for both prohibitions at once and the Beis Din assessed that he was capable of withstanding at least forty-two lashes, he is given the number of lashes that he could withstand and he is exempt from any further lashes. However, if the Beis Din assessed that he is capable of withstanding only forty-one lashes, he is given only thirty-nine lashes, since Beis Din only gives a number of lashes divisible by three. Since he was given only thirty-nine lashes, those lashes are considered punishment for only one of the prohibitions, and he remains liable for the second prohibition.
 
9. Two straps are used. Each one is folded over, and two more straps made from the hide of a donkey are fastened to the middle of the straps.
 
10. However, if he died from an extra lash, the Shali'ach Beis Din is obligated to be sent to Galus.

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