Rujukan Talmud untuk Ulangan 28:58: Jerusalem Talmud Shevuot, Jerusalem Talmud Makkot & Makkot

This is the principle¹⁶⁶Babli 21a, Makkot16a, Temurah3a. In the Babli the formulation of this (undisputed) principle is attributed to R. Yose the Galilean.: One flogs for any prohibition involving an action, but one does not flog if there is no action except for one who substitutes¹⁶⁷Before an animal can be sacrificed, it has to be sanctified by dedication (Lev. 27:9). Once sanctified, it is forbidden to substitute another animal (v. 10). If somebody would substitute, both the original and the substitute are dedicated. Therefore the oral declaration of substitution is at the same time the real act of sanctification which makes the animal prohibited for all profane use. This argument is not found in the Babli., or swears, or curses a fellow man by the Name. Rebbi Abbahu in the name of Rebbi Joḥanan: This does not include one who substitutes; substituting implies speech and action¹⁶⁷Before an animal can be sacrificed, it has to be sanctified by dedication (Lev. 27:9). Once sanctified, it is forbidden to substitute another animal (v. 10). If somebody would substitute, both the original and the substitute are dedicated. Therefore the oral declaration of substitution is at the same time the real act of sanctification which makes the animal prohibited for all profane use. This argument is not found in the Babli.. From where one who swears falsely? Rebbi Joḥanan in the name of Rebbi Yannai: For the Eternal will not cleanse; but the judges will cleanse him¹⁶⁸Ex.20:7, Deut. 5:11. As the Babli explains, if the verse simply had said “he will not be cleansed”, then a vain or false oath would be an unpardonable sin. But since it said, the Eternal will not cleanse, it implies that punishment by the earthly court will remove the sin from the Heavenly ledger.. From where one who cursed his fellow man by the Name? Rebbi Simeon ben Laqish in the name of Rebbi Hoshaia: To fear the Name¹⁶⁹Deut. 28:58. While the language is that of a positive commandment, the context shows that its violation is punishable., etc. The one who swears falsely in the opinion of Rebbi Simeon ben Laqish from where? Since he swore falsely, he does not fear. The one who cursed his fellow man by the Name in the opinion of Rebbi Simeon ben Laqish from where? Since he cursed, he does not fear. What is the difference between them? If one swore falsely and cursed a fellow man by the Name. In Rebbi Joḥanan’s opinion he is liable for two [punishments]¹⁷⁰Since the two offenses violate two different prohibitions. But for R. Simeon ben Laqish they are repeated violation of the same law, punishable only once.. In Rebbi Simeon ben Laqish’s opinion he is only liable for one.

MISHNAH: How does one flog him? One binds both his hands on both sides of a pillar. The beadle grabs his clothing. If it tore, it tore; if it unravelled, it unravelled, until he uncovers his heart. A stone is put behind him on which the beadle stands with a strip of calf’s leather in his hand, folded one into two and two into four, and two strips⁵⁶Two double strips of calf hide and two single strips (of donkey hide). go up and down in it.
The handle is one hand-breadth long; its width is one hand-breadth, and it reaches to his belly. He flogs him one third on his front and two thirds on his back. He flogs him neither standing nor sitting but bending down as it is written⁵¹Deut. 25:2–3. Since “40” is the only number in the text, it is read as standard punishment subject to medical evaluation. (Also in 2Cor. 11:24 it is not clear whether 40–1 is the real number or simply is the standard expression for flogging.), the judge shall make him fall and flog him on his front etc. The person who flogs, flogs with one hand with full force.
The reader reads⁵⁷Deut. 28:58–59 contain a total of 34 words. One adds the first 5 words of 28:58 a second time for a total of 39 words, one word for each stroke. if you will not observe to fulfill all the words of this Torah etc.; the Eternal will your flogging exemplary, etc. and returns to the beginning of the verse. If he⁵⁸The culprit. died under his hand, he⁵⁹The beadle. is not liable. If he⁵⁹The beadle. added a single strip and he⁵⁸The culprit. died, he⁵⁹The beadle. is exiled because of him⁵⁸The culprit.. If he⁵⁸The culprit. dirtied himself whether by feces or by urine, he is no longer liable⁶⁰Since Deut. 25:3 prohibits to degrade the criminal, the flogging must stop immediately.. Rebbi Jehudah says, a man by feces, a woman by urine.

MISHNAH: How does one flog him? One binds both his hands on both sides of a pillar. The beadle grabs his clothing. If it tore, it tore; if it unravelled, it unravelled, until he uncovers his heart. A stone is put behind him on which the beadle stands with a strip of calf’s leather in his hand, folded one into two and two into four, and two strips⁵⁶Two double strips of calf hide and two single strips (of donkey hide). go up and down in it.
The handle is one hand-breadth long; its width is one hand-breadth, and it reaches to his belly. He flogs him one third on his front and two thirds on his back. He flogs him neither standing nor sitting but bending down as it is written⁵¹Deut. 25:2–3. Since “40” is the only number in the text, it is read as standard punishment subject to medical evaluation. (Also in 2Cor. 11:24 it is not clear whether 40–1 is the real number or simply is the standard expression for flogging.), the judge shall make him fall and flog him on his front etc. The person who flogs, flogs with one hand with full force.
The reader reads⁵⁷Deut. 28:58–59 contain a total of 34 words. One adds the first 5 words of 28:58 a second time for a total of 39 words, one word for each stroke. if you will not observe to fulfill all the words of this Torah etc.; the Eternal will your flogging exemplary, etc. and returns to the beginning of the verse. If he⁵⁸The culprit. died under his hand, he⁵⁹The beadle. is not liable. If he⁵⁹The beadle. added a single strip and he⁵⁸The culprit. died, he⁵⁹The beadle. is exiled because of him⁵⁸The culprit.. If he⁵⁸The culprit. dirtied himself whether by feces or by urine, he is no longer liable⁶⁰Since Deut. 25:3 prohibits to degrade the criminal, the flogging must stop immediately.. Rebbi Jehudah says, a man by feces, a woman by urine.