POINT BY POINT SUMMARY
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.
1) TEACHINGS OF RAV SHESHES IN THE NAME OF R. ELAZAR BEN AZARYAH
(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.)
2) THE WHIP USED FOR LASHING
(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
(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...
3) THE WHIPPING
(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
(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
(k) (Mishnah): He is not lashed standing...
(l) (Rav Chisda): "V'Hipilu" - this is the source to fold the
(m) Question: But we need this to teach that he is whipped
(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)' -
(a) (Mishnah): He lashes with one hand...
4) DISGRACE EXEMPTS FROM LASHES
(b) (Beraisa): We only pick a weak person with intelligence
(c) R. Yehudah says, we may even pick a strong person lacking
(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
(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
(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...
5) DO LASHES EXEMPT FROM "KARES?"
(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;
(c) Contradiction (Beraisa - R. Yehudah): A man has the same
law as a woman regarding excreting (it exempts).
2. Chachamim say, a man or woman is exempt if (s)he
excreted or urinated.
(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.
(g) Answer: Shmuel exempts because he was humiliated by
fleeing, here he did not flee.
2. According to Shmuel, in either case he should be
(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.
(i) Version #2 (Rambam) - (Beraisa): If the excreted during
the lashes, he is exempt;
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.
1. If he excreted before being lashed, he is not
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):
6) APPROVAL FROM ABOVE
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
(f) (Gemara - R. Yochanan): Chachamim argue with R. Chanina
(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.
(h) Rejection #1 (Rav Nachman): No, that Mishnah is like R.
Yitzchak, who says that Chayavei Kerisus are not lashed.
2. According to R. Chanina ben Gamliel, both are
punishable by Beis Din!
1. (Beraisa - R. Yitzchak): The Torah taught that (all)
Arayos are Chayavei Kerisus, and (superfluously)
mentions Kares for relations with a sister;
(i) (Rav Ada bar Ahavah): The Halachah follows R. Chanina ben
i. This teaches that it (and all other Chayavei
Kerisus) are punishable by Kares, not by
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
(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
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
(b) (R. Elazar): Ru'ach ha'Kodesh appeared openly in three
places - the Batei Din of Shem, Shmuel and Shlomo.
2. Greeting people with Hash-m's name - "Bo'az
Ba...Hash-m Imachem", and it says "Hash-m Imcha
i. Question: Why do we need the second verse?
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).
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.
i. Question: What does it mean "Ad Bli *Dai*"?
ii. Answer (Rami bar Rav): Until your lips will
wear out from saying 'Enough'!
1. The Beis Din of Shem - "Va'Yaker Yehudah va'Yomer
(c) Rejection (Rava): These things could be known without
i. Question: How could he know that she was
pregnant from him (perhaps she had relations
with others, too)!
2. The Beis Din of Shmuel - "Anu Vi Neged
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).
i. Question: It should say 'Va'Yomru' (the people
3. The Beis Din of Shlomo - "(Do not kill the baby) Hi
ii. Answer: A Bas Kol announced 'I (Hash-m) testify
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".
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
4. Rather, tradition teaches that Ru'ach ha'Kodesh said