Talmud su Deuteronomio 25:3

HALAKHAH: But the following are strangled,” etc. From where warning⁹Cf. Chapter 7, Note 129. for one who hits his father or his mother? Forty times he shall hit him, he may not add¹⁰Deut. 25:3, speaking of punishment decreed by the court.. Since one who is commanded to hit is commanded not to hit, one who is commanded not to hit a fortiori is commanded not to hit¹¹It is sinful to hit anybody one is not commanded to hit. But only hitting a parent may be a captial crime. Mekhilta dR. Ismael Mišpatim 5 (ed. Horovitz-Rabin p. 266). The argument establishes a guide for ethical behavior; it is not one in criminal law for which only explicit verses may form the basis..

Rebbi Simeon bar Ioḥai stated³⁵The Babli, 15a, quotes a more detailed statement by R. Simeon bar Ioḥai: Why is the sinner let off cheaply in that he saves the expenses for wine, flour, and oil, required for all other private sacrifices?: Why did they say that no purification³⁶The idea is that חפאת should be considered as “sin offering”. It seems more likely that the root חטא basically means “to cleanse”. The noun חֵטא then means “cleansable sin”, i. e., inadvertent sin, in contrast to פֶּשַׁע “crime, intentional sin”, for which no Temple ritual is available (cf. Babli Temurah 15b). The sacrifices of the persons needing purge from impurity (Note 15) shows that “sin offering” is not a primary meaning of our word. An intentional sin can be expiated only by death or by God’s grace following sincere repentance. or reparation sacrifices need wine offerings? That the sacrifice of a sinner should not be magnificent. They objected: There are the purification and the reparation offerings of the scale-diseased¹⁵Anyone whose own body was the source of impurity, when he is pure again cannot enter the Temple precinct unless he first brought a sacrifice of cleansing: The woman after childbirth (Lev. 12:6–8), the person healed from scale disease (Lev. 14:1–32), and the persons healed from genital discharges (Lev. 15:14–15,29–30).. If you say that he is no sinner, did not Rebbi Isaac say: “That shall be the instruction for the scale-diseased,” this is the instruction for the slanderer³⁷Taking apart the word מצוֹ-רע. In the Babli (mentioned 15a, main source Arakhin 16a), R. Joḥanan holds that scale-disease is a punishment for (1) calumny, (2) homicide, (3) perjury, (4) incest, (4) haughtiness, (5) robbery, (6) envy.! Rebbi Hila said, since he was made to suffer and it is written³⁸Deut. 25:3. It is to be noted that in Arabic one of the meanings of both roots צרע and צ̇רע, corresponding to the Hebrew צרע “having scale-disease”, is “to humble oneself”. “that your brother should [not] be contemptible in your eyes,” he is as if he had not sinned.

‘When they were about to depart, he administered to them forty lashes.’ Infer from this that the halakah is according to the view of R. Judah who said: One liable to flagellation is given forty [lashes] in full!²⁰Cf. Mak. 22a-23a (Sonc. ed., pp. 155-162). Whereas Deut. 25, 2f., prescribes forty lashes, according to the Rabbis only thirty-nine were given as a precaution against the forty being inadvertently exceeded. R. Judah’s opinion was otherwise. Raba said: [The Baraitha] uses colloquial language.²¹i.e. people speak of ‘forty stripes’ when in fact they mean thirty-nine; therefore no inference can be drawn. And as for R. Judah, does he not respect the prohibitory law,²²In Deut. 25, 3, Forty stripes he may give him, he shall not exceed. as well as the law derived from the words, If the wicked man deserve to be beaten?²³ibid. 2. The Heb. is בן הכות, which is read as בין, ‘between’ the shoulders. The thirty-nine lashes were divided into three groups of thirteen, administered first on the front of the man’s exposed body, and the remaining two groups on each shoulder respectively. Cf. Mak. 22b (Sonc. ed., p. 158). He will reply, ‘The extra lash is administered between his shoulders’.