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Makkot

 

("Lashes"). Fifth tractate of Order Nezikin in the Mishnah. Its three chapters deal with the trial and punishment of false witnesses, cases of manslaughter, flight to a city of refuge (see Asylum), and the 59 offenses that are punishable by lashes (cf. Num. 35:9-34; Deut. 19:1-13, 15-21). It has been suggested that this tractate was originally combined with the previous one, Sanhedrin, because both deal with criminal cases. The name is derived from the verse "He may be given up to 40 lashes, but not more, lest being flogged further to excess, your brother be degraded before your eyes" (Deut. 25:3). The subject matter is amplified in both Talmuds and the Tosefta.

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Makkot (Hebrew: מכות, lashes) is a book of the Mishnah and Talmud. It is the fifth volume of the book of Nezikin. Makkot deals primarily with laws of Jewish courts and the punishments which they may administer.

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There is a dispute recorded between Rebbi Judah and the other sages as to the maximum amount of lashes a person might receive. Rabbi Judah held the maximum is forty, while the sages say that the maximum is thirty-nine. The Talmud rules in accord with the sages.

The lashes were administered in groups of three, one on the chest and one on the back of each shoulder. Rabbi Judah, who held that forty lashes should be administered, positioned the final strike between the shoulder blades. Since we do not wish to kill the person whom is being lashed, a doctor evaluates how many lashes the convicted can survive (in multiples of three).



 
 
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Massekhet
Nezikin
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Encyclopedia of Judaism. The New Encyclopedia of Judaism. Copyright © 1989, 2002 by G.G. The Jerusalem Publishing House, Ltd. All rights reserved.  Read more
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