Chapter 17: Laws of Administering Lashes (Malkot)

Overview

This chapter explains how lashes are administered to those liable for malkot, including the number of lashes, assessment of physical capacity, timing, multiple penalties, exemptions, and restoration of status after punishment. It also addresses special cases such as priests and leaders.

Summary of Each Numbered Halacha

Halacha 1 – Number of Lashes

Lashes are given according to the offender’s strength, as the verse says “according to his wickedness by number.” The Torah’s “forty” means no more than forty, even for the strongest person. The Sages set the maximum at thirty-nine to avoid exceeding the limit. For weaker individuals, the number is reduced.

Halacha 2 – Estimating Capacity

The court estimates how many lashes the offender can endure, in sets divisible by three.

• If estimated at 20, he receives 18 (not 21).
• If estimated at 40 but weakens during punishment, he stops after what he endured.
• If estimated at 12 but later appears stronger, he does not receive more than the original estimate.

Halacha 3 – Delay Between Estimation and Punishment

If lashes are delayed:

• If estimated for immediate punishment, he receives that number even if stronger later.
• If estimated for a later time, he receives what he can bear at that later time.

Halacha 4 – Multiple Liabilities

If liable for multiple sets of lashes:

• If one estimate covers all, he receives them at once and is exempt from further lashes.
• If not, he recovers and is re-evaluated for the remaining lashes.

Halacha 5 – Physical Breakdown

If the offender suffers severe physical breakdown during lashes (e.g., involuntary discharge), he is exempt from further lashes. If breakdown occurs from fear before lashes, he still receives the full amount.
If the strap breaks during lashes:

• If during the second set, he is exempt from the rest.
• If during the first, he completes the second set after repair.

Halacha 6 – Escape During Punishment

If tied to the post and breaks free and escapes, he is exempt and not returned.

Halacha 7 – Restoration After Lashes

Anyone who was flogged returns to full status as a Jew, as the verse says: “Your brother shall be degraded before your eyes”—once degraded, he is your brother again. Those liable for karet who receive lashes are absolved from karet.

Halacha 8 – High Priest

A High Priest who sins is flogged by a court of three like any other person and returns to his position.

Halacha 9 – Head of the Academy

If the head of the academy sins, he is flogged but does not return to his leadership role nor to the Sanhedrin, for “we ascend in holiness and do not descend.”