The commandment to lash the evildoer: That the court was commanded to lash those transgressing some of the commandments of the Torah, and this is the matter of lashes mentioned in the Gemara — and like the matter that I have written in each and every commandment that has the liability for lashes with it, and as I will [likewise] write in that which I will write in the future, with God’s help. And about this is it stated (Deuteronomy 25:2), “and the judge shall have him lie down and be given lashes in his presence, as his guilt warrants, etc.”
It is from the roots of the commandment [that] since Israel are called the children of the Omnipresent, He, may He be blessed, wanted to discipline them for their sins, so that they return to Him and, in the end, merit the world that is completely good — and like the matter that is written (Proverbs 19:18), “Discipline your son while there is still hope, and do not set your heart on his destruction.” And based on this principle, they, may their memory be blessed, said (Makkot 22b) that we estimate [the strength of] the one liable for lashes, such that he not die from the wound of the lashes. And they would lash him according to that which they appraised him that he can withstand from the flogging and not die. And even after they estimated him and started flogging him — if they saw that he is not able to withstand the estimate that they estimated about him, they leave him; as we say in the chapter [entitled] Elu Hen HaLokin in Tractate Makkot 22b, “[If] he is partially flogged and they saw that he is not fit to take that which they estimated about him, he is exempt.”
From the laws of the commandment is that which they, may their memory be blessed, said in the chapter mentioned (Mishnah Makkot 3:12-14), “How do they lash him? His two hands are bound on each side of the column and the administrator grabs his clothes. If they are torn, they are torn (so be it), and if they become unstitched, they become unstitched, until his heart (chest) is uncovered. And a stone is placed behind him and the administrator stands on it. And a strap of calfskin is in his hand, doubled over once into two [straps] and a second time into four [straps] and there are two [other] straps going up and down with it. The [strap’s] handle is a handbreadth [long] and [the strap] is a handbreadth wide and its tip reaches to the mouth (beginning) of his stomach. And he lashes him one third [of the lashes] on his front and two thirds on his back [...] The reader would read, ‘If you do not guard to do [...] And the Lord will increase your beatings, etc.’ (Deuteronomy 28:58-59).” And the rest of its details are elucidated in the mentioned chapter of Tractate Makkot. (See Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 6.)
And this commandment is practiced in the Land of Israel, which has an ordained court. And they, may their memory be blessed, said, in Tractate Sanhedrin 2a, “Flogging is with three,” which is to say that a court [of] three ordained [judges] gives lashes. And it is not necessary for the matter of lashes to have a court of twenty-three. And a court that transgresses this and does not give lashes to one liable for lashes, violates this positive commandment. And [such a court’s] punishment is very great, since it is through fear of judgment that religion is kept by the masses.
מִצְוָה לְהַלְקוֹת לָרָשָׁע – שֶׁנִּצְטַוּוּ הַבֵּית דִּין שֶׁבְּיִשְׂרָאֵל לְהַלְקוֹת הָעוֹבְרִים עַל קְצָת מִצְוֹת הַתּוֹרָה, וְזֶהוּ עִנְיַן מַלְקוּת הַנִּזְכָּר בַּגְּמָרָא, וְכָעִנְיָן שֶׁכָּתַבְתִּי בְּכָל מִצְוָה וּמִצְוָה שֶׁיֵּשׁ בָּהּ חִיּוּב מַלְקוּת, וְאֶכְתֹּב בְּעֶזְרַת הַשֵּׁם בְּמָה שֶׁאֲנִי עָתִיד לִכְתֹּב, וְעַל זֶה נֶאֱמַר (דברים כה ב) וְהִפִּילוֹ הַשֹּׁפֵט וְהִכָּהוּ לְפָנָיו כְּדֵי רִשְׁעָתוֹ וְגוֹ'.
The commandment to lash the evildoer: That the court was commanded to lash those transgressing some of the commandments of the Torah, and this is the matter of lashes mentioned in the Gemara — and like the matter that I have written in each and every commandment that has the liability for lashes with it, and as I will [likewise] write in that which I will write in the future, with God’s help. And about this is it stated (Deuteronomy 25:2), “and the judge shall have him lie down and be given lashes in his presence, as his guilt warrants, etc.”
מִשָּׁרְשֵׁי הַמִּצְוָה. לְפִי שֶׁיִּשְׂרָאֵל נִקְרָאִים בָּנָיו שֶׁל מָקוֹם, וְרָצָה בָּרוּךְ הוּא לְיַסְּרָם עַל הָעֲבֵרוֹת, כְּדֵי שֶׁיָּשׁוּבוּ אֵלָיו וְיִזְכּוּ בָּאַחֲרוֹנָה בְּעוֹלָם שֶׁכֻּלּוֹ טוֹב, וּכְעִנְיָן שֶׁכָּתוּב (משלי יט, יח) יַסֵּר בִּנְךָ כִּי יֵשׁ תִּקְוָה וְאֶל הֲמִיתוֹ אַל תִּשָּׂא נַפְשֶׁךָ. וּמִזֶּה הַיְּסוֹד אָמְרוּ זִכְרוֹנָם לִבְרָכָה (מכות כב, ב) שֶׁאוֹמְדִין הַמְחֻיָּב מַלְקוּת שֶׁלֹּא יָמוּת בְּמַכַּת הַמַּלְקוּת, וּכְפִי מַה שֶׁהָיוּ מְשַׁעֲרִין בּוֹ שֶׁיָּכוֹל לִסְבֹּל מִן הַמַּכּוֹת וְלֹא יָמוּת, בָּהֶן הָיוּ מַכִּין אוֹתוֹ. וַאֲפִלּוּ אַחַר שֶׁאֲמָדוּהוּ וְהִתְחִילוּ לְהַכּוֹתוֹ, אִם רָאוּ שֶׁאֵינוֹ יָכוֹל לִסְבֹּל הָאֹמֶד שֶׁאֲמָדוּהוּ, מַנִּיחִין אוֹתוֹ, כִּדְאָמְרִינַן בְּפֶרֶק אֵלּוּ הֵן הַלּוֹקִין בְּמַסֶּכֶת מַכּוֹת (שם) לָקָה מִקְצָת וְרָאוּ שֶׁאֵינוֹ רָאוּי לְקַבֵּל מָה שֶׁאֲמָדוּהוּ פָּטוּר.
It is from the roots of the commandment [that] since Israel are called the children of the Omnipresent, He, may He be blessed, wanted to discipline them for their sins, so that they return to Him and, in the end, merit the world that is completely good — and like the matter that is written (Proverbs 19:18), “Discipline your son while there is still hope, and do not set your heart on his destruction.” And based on this principle, they, may their memory be blessed, said (Makkot 22b) that we estimate [the strength of] the one liable for lashes, such that he not die from the wound of the lashes. And they would lash him according to that which they appraised him that he can withstand from the flogging and not die. And even after they estimated him and started flogging him — if they saw that he is not able to withstand the estimate that they estimated about him, they leave him; as we say in the chapter [entitled] Elu Hen HaLokin in Tractate Makkot 22b, “[If] he is partially flogged and they saw that he is not fit to take that which they estimated about him, he is exempt.”
מִדִּינֵי הַמִּצְוָה. מָה שֶׁאָמְרוּ זִכְרוֹנָם לִבְרָכָה שָׁם בַּפֶּרֶק הַנִּזְכָּר (שם) כֵּיצַד מַלְקִין אוֹתוֹ? כּוֹפֵת שְׁתֵּי יָדָיו לָעַמּוּד, וְחַזַּן הַכְּנֶסֶת אוֹחֵז בִּבְגָדָיו, אִם נִקְרְעוּ נִקְרְעוּ, וְאִם נִפְרְמוּ נִפְרְמוּ, עַד שֶׁהוּא מְגַלֶּה אֶת לִבּוֹ, וְהָאֶבֶן נְתוּנָה מֵאֲחוֹרָיו, וְחַזַּן הַכְּנֶסֶת עוֹמֵד עָלֶיהָ וּרְצוּעָה שֶׁל עֵגֶל בְּיָדוֹ, כְּפוּלָה אֶחָד לִשְׁנַיִם, וּשְׁנַיִם לְאַרְבָּעָה, וּשְׁתֵּי רְצוּעוֹת עוֹלוֹת וְיוֹרְדוֹת בָּהּ, יָדָהּ טֶפַח וּרְחָבָה טֶפַח, וּמַכֶּה אוֹתוֹ שְׁלִישׁ הַמַּכּוֹת מִלְּפָנָיו, וּשְׁתֵּי יָדוֹת מֵאֲחוֹרָיו, וְהַקּוֹרֵא קוֹרֵא אִם לֹא תִשְׁמֹר לַעֲשׂוֹת... וְהִפְלָא יְיָ אֶת מַכֹּתְךָ וְגוֹ' (דברים כח נח-נט). וְיֶתֶר פְּרָטֶיהָ, מְבֹאָרִים בַּפֶּרֶק הַנִּזְכָּר בְּמַסֶּכֶת מַכּוֹת [ה' סנהדרין פ"ו].
From the laws of the commandment is that which they, may their memory be blessed, said in the chapter mentioned (Mishnah Makkot 3:12-14), “How do they lash him? His two hands are bound on each side of the column and the administrator grabs his clothes. If they are torn, they are torn (so be it), and if they become unstitched, they become unstitched, until his heart (chest) is uncovered. And a stone is placed behind him and the administrator stands on it. And a strap of calfskin is in his hand, doubled over once into two [straps] and a second time into four [straps] and there are two [other] straps going up and down with it. The [strap’s] handle is a handbreadth [long] and [the strap] is a handbreadth wide and its tip reaches to the mouth (beginning) of his stomach. And he lashes him one third [of the lashes] on his front and two thirds on his back [...] The reader would read, ‘If you do not guard to do [...] And the Lord will increase your beatings, etc.’ (Deuteronomy 28:58-59).” And the rest of its details are elucidated in the mentioned chapter of Tractate Makkot. (See Mishneh Torah, The Sanhedrin and the Penalties within Their Jurisdiction 6.)
וְנוֹהֶגֶת מִצְוָה זוֹ, בְּאֶרֶץ יִשְׂרָאֵל, שֶׁיֵּשׁ בֵּית דִּין סָמוּךְ. וְאָמְרוּ זִכְרוֹנָם לִבְרָכָה בְּמַסֶּכֶת סַנְהֶדְרִין (ב, א) מַכּוֹת בִּשְׁלֹשָׁה, כְּלוֹמַר שֶׁשְּׁלֹשָׁה בֵּית דִּין סְמוּכִין מַלְקִין, וְאֵין צָרִיךְ לְעִנְיַן מַלְקוּת בֵּית דִּין שֶׁל עֶשְׂרִים וּשְׁלֹשָׁה. וּבֵית דִּין הָעוֹבֵר עַל זֶה וְלֹא הִלְקָה הַמְחֻיָּב מַלְקוּת בִּטֵּל עֲשֵׂה זֶה, וְעָנְשׁוֹ גָּדוֹל מְאֹד, כִּי בְּיִרְאַת הַדִּין תִּתְקַיֵּם הַדָּת בֶּהָמוֹן.
And this commandment is practiced in the Land of Israel, which has an ordained court. And they, may their memory be blessed, said, in Tractate Sanhedrin 2a, “Flogging is with three,” which is to say that a court [of] three ordained [judges] gives lashes. And it is not necessary for the matter of lashes to have a court of twenty-three. And a court that transgresses this and does not give lashes to one liable for lashes, violates this positive commandment. And [such a court’s] punishment is very great, since it is through fear of judgment that religion is kept by the masses.