(Permission is granted to print and redistribute this material
as long as this header and the footer at the end are included.)


Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld

Ask A Question on the daf

Previous daf

Makos 23

MAKOS 21-24 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) (Gemara): (The reason (for tying him to a post, or tearing his garments) is "V'Nikleh (he is humiliated)" - Bach deletes this from the text.)
(b) Question (Rav Sheshes): What is the source that the whip should be from a calf?
(c) Answer: Right after "Arba'im Yakenu" It says "Lo Sachsom Shor b'Disho".
(d) Question (Rav Sheshes): What is the source that if a Yavam is leprous, the Yevamah may demand Chalitzah?
(e) Answer: The Parshah of Yibum is right after "Lo Sachsom Shor b'Disho" (we do not suppress her claim).
(f) (Rav Sheshes): One who disgraces the festivals (Rivan, Rashi on Avos - he works on Chol ha'Mo'ed; Rambam - does not honor Yom Tov) is like one who serves idolatry - right after "Elohei Masechah Lo Sa'aseh Lecha" it says "Es Chag ha'Matzos Tishmor".
(g) (Rav Sheshes): One who speaks or believes Lashon ha'Ra or testifies falsely should be cast to dogs - right after "La'Kelev Tashlichun Oso" it says "Lo Sisa Shema Shav".
(a) (Mishnah): Two straps...
(b) (Beraisa): The straps are of donkey skin.
(c) A man of Galil: "Yada Shor Konehu v'Chamor Evus B'alav Yisrael Lo Yada" - a sinner, who does not recognize his Master's feeding trough, will be chastised through a donkey, which recognizes its master's feeding trough.
(d) (Mishnah): The whip handle is a Tefach...(the end reaches Reuven's stomach.)
(e) (Abaye): This teaches that we make a whip for each person lashed (so it will be the right size).
(f) Objection (Rava): If so, Beis Din will have many whips!
(g) (Rava): Rather, it has loops to adjust the size.
(h) (Mishnah): One third of the lashes...
(i) Question: What is the source of this?
(j) Answer (Rav Kahana): "V'Hikahu Lefanav Kedei Rish'aso b'Mispar" - in front, he is lashed according to his evil (in back he is lashed more, i.e. twice as much, this is the smallest Chidush - Rashi on Chumash, according to Mizrachi.)
(k) (Mishnah): He is not lashed standing...
(l) (Rav Chisda): "V'Hipilu" - this is the source to fold the whip.
(m) Question: But we need this to teach that he is whipped leaning!
(n) Answer: Had it said 'Yatehu', we would only learn that he is whipped leaning;
1. Instead it says "V'Hipilu" (we read this as if it said 'v'Hichpilu (he will double over)' - Yerushalmi).
(a) (Mishnah): He lashes with one hand...
(b) (Beraisa): We only pick a weak person with intelligence to lash;
(c) R. Yehudah says, we may even pick a strong person lacking intelligence.
(d) (Rava): Presumably, the Halachah follows R. Yehudah - "Lo Yosif Pen Yosif";
1. An intelligent person would not need to be warned!
(e) Rejection: Chachamim's opinion is reasonable - we only warn the zealous (for they will heed it)!
(f) (Beraisa): He lifts the whip with one hand, and lashes with one hand (in order to lash strongly).
(g) (Mishnah): Another reads ("Im Lo...")
(h) (Beraisa): The greatest judge reads, the next greatest counts, the third says 'Lash him!';
1. If many lashes will be given, he reads slowly (so he will not finish before the lashes are finished); if few lashes will be given, he reads quickly.
(i) Contradiction (Mishnah): He repeats the verse (if he finishes first)!
(j) Resolution: L'Chatchilah, he should try to finish at the same time; b'Diavad, he repeats the verse.
(k) (Beraisa) Question: "(Beware lest you give an extra) Makah Rabah" - what is the source to forbid even a light blow?
(l) Answer: "Lo Yosif".
(m) Question: If so, why do we need "Makah Rabah"
(n) Answer: This teaches that the previous lashes are mighty.
(a) (Mishnah): If Reuven urinated...
(b) (Beraisa - R. Meir): If a man or woman excreted, (s)he is exempt, but not if (s)he urinated;
1. R. Yehudah says, a man is exempt (only) if he excreted, a woman is exempt (even) if she urinated;
2. Chachamim say, a man or woman is exempt if (s)he excreted or urinated.
(c) Contradiction (Beraisa - R. Yehudah): A man has the same law as a woman regarding excreting (it exempts).
(d) Resolution (Rav Nachman): Their law is the same regarding excreting, but not regarding urinating.
(e) (Shmuel): If he was tied to be lashed and fled, he is exempt (he was humiliated).
(f) Question (Beraisa): If he excreted, whether on the first or second time (Rambam - he was sentenced for two sets of lashes; Ritva - the first or second lash; Rivan - the first or second time the overseer raised his hand in order to lash), he is exempt;
1. If the whip broke the second time, he is exempt, but not if it broke the first time.
2. According to Shmuel, in either case he should be exempt!
(g) Answer: Shmuel exempts because he was humiliated by fleeing, here he did not flee.
(h) Version #1 (our text) - (Beraisa): If they estimate that he will excrete (immediately) when lashed, he is exempt;
1. If they estimate that he will excrete after he leaves Beis Din, he is lashed.
2. Even if he excreted the first time (but before the overseer raised his hand), he is lashed - "V'Hikahu...V'Niklah"- not that he was disgraced before being lashed.
(i) Version #2 (Rambam) - (Beraisa): If the excreted during the lashes, he is exempt;
1. If he excreted before being lashed, he is not exempt;
2. Even if he (was so afraid that he) excreted the night before, he is lashed - "V'Hikahu...V'Niklah", - not that he was disgraced before being lashed.
(a) (Mishnah - R. Chanina ben Gamliel): Anyone Chayav Kares who was lashed is exempted from Kares - "V'Niklah Achicha l'Einecha", after he is lashed, he is like your brother;
(b) If one who sins loses his life for it (Kares includes Misah bi'Ydei Shamayim), all the more so one who does a Mitzvah receives life for it (because Hash-m's Midah to reward is greater than His Midah to punish; R. Ovadyahu mi'Bartenura - some explain, as reward for accepting his punishment he will be exempted from Kares ).
(c) R. Shimon says, we learn from "...V'Nichresu ha'Nefashos ha'Osos", and it says - "Asher Ya'aseh Osam ha'Adam va'Chai Bahem" (do not sin with Arayos):

1. One who is passive and does not sin receives reward like one who did a Mitzvah.
(d) R. Shimon bar Rebbi says, "Chazak l'Vilti Echol ha'Dam" - a person finds blood revolting, yet he is rewarded for refraining from eating it - theft and Arayos, which a person desires, all the more so one who refrains from them merits for himself and all his descendants forever!
(e) R. Chanina ben Akashya says, Hash-m wanted to bring merit to (some explain - refine) Yisrael, therefore he gave us many Mitzvos - "Hash-m Chafetz Lema'an Tzidko Yagdil Torah v'Yadir".
(f) (Gemara - R. Yochanan): Chachamim argue with R. Chanina ben Gamliel.
(g) (Rav Ada bar Ahavah): A Mishnah teaches this!
1. (Mishnah): The only difference between Shabbos and Yom Kipur is that intentional desecration of Shabbos is punishable by Beis Din, the punishment for Yom Kipur is Kares.
2. According to R. Chanina ben Gamliel, both are punishable by Beis Din!
(h) Rejection #1 (Rav Nachman): No, that Mishnah is like R. Yitzchak, who says that Chayavei Kerisus are not lashed.
1. (Beraisa - R. Yitzchak): The Torah taught that (all) Arayos are Chayavei Kerisus, and (superfluously) mentions Kares for relations with a sister;
i. This teaches that it (and all other Chayavei Kerisus) are punishable by Kares, not by lashes.
2. Rejection #2 (Rav Ashi): The Mishnah is even like Chachamim (that argue with R. Yitzchak) - it means, the *primary* punishment for Shabbos (b'Mezid) is by Beis Din, the primary punishment for Yom Kipur (b'Mezid) is Kares (even though lashes can exempt from Kares).
(i) (Rav Ada bar Ahavah): The Halachah follows R. Chanina ben Gamliel.
(j) Rav Yosef: Hash-m decides who gets Kares - who heard from Him whom the Halachah follows?!
(k) Abaye: R. Yehoshua ben Levi taught, Beis Din made three enactments, the Heavenly Beis Din agreed - who told him what the Heavenly Beis Din said?!
1. We must say, he learned this by expounding verses - likewise, Rav Ada expounds a verse!
(a) (R. Yehoshua ben Levi): Beis Din made three enactments, the Heavenly Beis Din agreed - reading Megilas Esther on Purim, greeting people with Hash-m's name, and bringing Ma'aser (from (all) fruits and vegetables; alternatively, to the Mikdash, in order that Kohanim will share it with the Leviyim).
1. (We learn that the Heavenly Beis Din agreed to) reading the Megilah - "Kiymu v'Kiblu ha'Yehudim", the Beis Din above affirmed what Yisrael accepted below;
2. Greeting people with Hash-m's name - "Bo'az Ba...Hash-m Imachem", and it says "Hash-m Imcha Gibor he'Chayil".
i. Question: Why do we need the second verse?
ii. Answer: One might have thought, Bo'az decided by himself and Beis Din above did not agree - "Hash-m Imcha" shows that Hash-m agreed.
3. Bringing Ma'aser - "Havi'u Es Kol ha'Ma'aser...va'Harikosi Lachem Bracha Ad Bli Dai" (Hash-m's blessing shows that He agreed).
i. Question: What does it mean "Ad Bli *Dai*"?
ii. Answer (Rami bar Rav): Until your lips will wear out from saying 'Enough'!
(b) (R. Elazar): Ru'ach ha'Kodesh appeared openly in three places - the Batei Din of Shem, Shmuel and Shlomo.
1. The Beis Din of Shem - "Va'Yaker Yehudah va'Yomer Tzadkah Mimeni".
i. Question: How could he know that she was pregnant from him (perhaps she had relations with others, too)!
ii. Answer: (Yehudah only said "Tzadkah";) Ru'ach ha'Kodesh said ' "Mimeni" Yatz'u Kevushim' (Hash-m directed hidden matters to cause seed from Yehudah and Tamar).
2. The Beis Din of Shmuel - "Anu Vi Neged Hash-m...Va'Yomer Ed".
i. Question: It should say 'Va'Yomru' (the people answered him)!
ii. Answer: A Bas Kol announced 'I (Hash-m) testify to this'.
3. The Beis Din of Shlomo - "(Do not kill the baby) Hi Imo";
i. Question: How did he know that she was his mother - perhaps she schemed to refuse to kill him in order to appear like the mother!
ii. Answer: A Bas Kol announced "Hi Imo".
(c) Rejection (Rava): These things could be known without Ru'ach ha'Kodesh!
1. Perhaps Yehudah calculated the months and days from when he had relations with her (and it corresponded that the fetus showed now) - he did not know that she had relations with anyone else, we do not attribute to something unknown!
2. Regarding Shmuel, we find that Yisrael are referred to in the singular - "Yisrael Nosha ba'Sh-m"!
3. Perhaps Shlomo reasoned, since this one had mercy on him and the other did not, the former was the mother!
4. Rather, tradition teaches that Ru'ach ha'Kodesh said these things.
Next daf


For further information on
subscriptions, archives and sponsorships,
contact Kollel Iyun Hadaf,