POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Makos 22
MAKOS 21-24 - Ari Kornfeld has generously sponsored the Dafyomi publications
for these Dafim for the benefit of Klal Yisrael.
1) OTHER POSSIBLE LASHES FOR PLOWING ONE FURROW (cont.)
(a) 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.
2) THE TOTAL NUMBER OF LASHES
1. He is lashed twice for Melachos on Yom Tov!
(b) Answer #1 (Rava): The text of the Mishnah is mistaken, it
should omit burning on Yom Tov, it should say that the
Gid was of a Neveilah (the fifth lashes are for eating
(c) Question: But R. Chiya taught, he is lashed twice for
eating and three times for cooking!
(d) Answer #2 (Rava): Rather, it should omit burning, it
should say that the wood was from an Asherah, he
transgressed "V'Lo Yidbak b'Yadcha Me'umah Min
(e) Objection: (Rav Acha brei d'Rava): If so, he also
transgresses "V'Lo Savi To'evah El Beisecha"!
(f) Answer #3 (Rav Acha brei d'Rava): Rather, the wood was
Hekdesh, he transgressed "Va'Ashereihem Tisrefun ba'Esh".
(g) Question (R. Hoshaya): He can also transgress planting in
a Nachal Eisan (where an Eglah Arufah was beheaded) -
"Asher Lo Ye'aved Bo v'Lo Yizare'a"
(h) Question (R. Chananya): He can also transgress erasing
Hash-m's name (by plowing through it) - "V'Ibadtem Es
Shemam...Lo Sa'asun Ken la'Sh-m".
(i) Question (R. Avahu): He can also transgress cutting off
Tzara'as - "Hishamer b'Nega ha'Tzara'as"!
(j) Question (Abaye): He can also transgress 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
(k) Question (Rav Ashi): He can also transgress plowing with
wood of an Asherah - "V'Lo Yidbak b'Yadcha Me'umah Min
(l) Question (Ravina): He can also transgress cutting good
trees - "Ki Mimenu Sochel v'Oso Lo Sichros".
(m) Question (R. Ze'ira): He can also transgress a false
oath, if he had sworn not to plow on Yom Tov!
1. Objection (R. Mani): That oath does not take effect,
the oath (when we accepted the Torah) at Sinai
already forbids this!
(n) Answer #1: The Mishnah does not list transgressions that
can be annulled (he can permit his oath).
2. Answer: If he swore not to plow on Chol or Yom Tov,
since the oath takes effect regarding Chol, it also
takes effect regarding Yom Tov.
1. Question: But the Mishnah lists Hekdesh - he can
annul his Hekdesh!
(o) Answer #2 (to all these questions): The Tana holds that
Isur Kolel does not take effect (even though the oath not
to plow on Chol takes effect, it does not take effect
regarding Yom Tov).
2. Answer #1: The case is, it is a Bechor (which is
3. Question: The Mishnah lists Tum'ah of a Nazir, he
can annul his Nezirus!
4. Answer #1: The case is, he is a Nazir Shimshon
(which cannot be annulled).
5. Objection: A Nazir Shimshon is permitted to become
(p) (R. Hoshaya): One who mates a blemished Korban (after it
was redeemed, even on the same species) is lashed. (It is
like two species, Chulin (it may be eaten like Chulin)
and Kodshim (one may not shear it or work with it),
therefore one is lashed for crossbreeding diverse
species. Our text say that he is lashed twice - the extra
lashes are for (mating, which is like) working with a
blemished Korban; many delete this from the text.)
(q) (R. Yitzchak): One who conducts (works with) a blemished
Korban (after it was redeemed) is lashed (for working
with diverse species);
1. Even though it is one animal, the Torah considers it
like two species.
(a) (Mishnah): One who is lashed receives 39 lashes -
"B'Mispar Arba'im", the number followed by 40;
(b) R. Yehudah says, he receives a full 40 lashes;
1. (Thirty-nine lashes are evenly divided among three
places (the Mishnah on 22B); the extra lash is
between his shoulders.
(c) We only estimate (how many lashes he can survive) an
amount divisible by three.
(d) 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
(e) If we estimated that he can survive 18, and after he was
lashed 18 we estimate that he can bear 40, he is exempt.
(f) (Gemara) Question: What is the reason (he only gets 39
3) HOW WE LASH
(g) Answer: Had it said 'Arba'im b'Mispar', we would say that
it means 40;
1. Instead, it says "B'Mispar Arba'im" - this means,
the number followed by 40.
(h) (Rava): Most people are foolish - they stand for a Sefer
Torah, but not for Chachamim;
1. The Torah says to give 40 lashes, Chachamim
expounded that it is only 39!
(i) (Mishnah - R. Yehudah): He receives a full 40 lashes (the
extra lash is between his shoulders).
(j) (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.)
1. Chachamim say, that discusses a Rebbi lashing
(k) (Mishnah): ... (After he was lashed some, we estimate
that he cannot bear them, he is exempt).
(l) Inference: He is exempt because he already received some
(m) Contradiction (Beraisa): If we estimated that he can
survive 40, then we estimated that he cannot bear 40, he
1. If we estimated that he can survive 18, and then we
estimated that he can bear 40, he is exempt.
(n) Resolution (Rav Ashi): In the Mishnah, the second
estimation was the same day - surely, he did not change,
the first estimation was a mistake, he is not exempt
until he is lashed;
1. In the Beraisa, the second estimation was another
day - presumably our estimation was proper, he
became weaker, he was already humiliated by the
first estimation, he is exempt.
(o) (Mishnah): If Reuven transgressed something forbidden by
1. If one estimation was made for both Lavim, he
receives that amount, he is exempt;
(p) (Gemara - Beraisa) Contradiction: We do not make one
estimation for two Lavim.
2. If the estimation was made for one Lav, he receives
that amount; after he recovers, we estimate and lash
him for the other.
(q) 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 as he would for one
1. An estimation of at least 42 exempts two Lavim
(a) (Mishnah): To lash (Reuven), we lean him on a post and
tie his hands to it;
1. The overseer of Beis Din grabs him by his garments,
he is not concerned if they tear on the seams or
elsewhere; until his chest is exposed;
(b) 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.
(c) The whip handle is a Tefach, the width of the whip is a
Tefach, the end (wraps around the width (Rivan; Ritva -
the length) of Reuven's back and) reaches his stomach.
(d) One third of the lashes are on the stomach, and two
thirds on the back (Ritva - in the middle; Rambam - one
third on each shoulder).
(e) He is not lashed standing, nor sitting, rather, leaning -
(f) 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.
(g) If Reuven dies, the overseer is exempt; if he died from
an extra lash, the overseer goes to Galus.
(h) If Reuven urinated or excreted (Rambam - from the lashes,
not from fear beforehand), he is exempt (for he was
(i) R. Yehudah says, a man is exempt if he excreted, a woman
is exempt if she urinated or excreted.