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“Not as you incline to good, so you incline to evil” for whippings

שו”תCategory: Talmudic study“Not as you incline to good, so you incline to evil” for whippings
asked 1 year ago

To Rabbi Shalom
In Sanhedrin 2: “Not as you incline to good, so you incline to evil, your inclination to good according to one witness, your inclination to evil according to two.” And so it is necessary to add three more judges to the case of persons, and later to add two more judges as long as we have not succeeded in obtaining a decision according to this rule.
Is this conclusion also valid for the laws of flogging? That is, if two require flogging and one acquits, do we add two more judges until we reach a bias of 2 in favor or 1 in favor? And if not, why?
Thanks in advance.


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מיכי Staff answered 2 weeks ago
As far as I know, no. It’s only for souls. I assume because of the severity of the punishment and its irreversibility. For this reason, in most legal systems today there is no death penalty at all (it’s true that there is no flogging either).

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אלוו replied 1 year ago

The Sages demanded this law from the verse: “You shall not be after many rabbis in evil, nor shall you punish many rabbis for their sins: (Exodus 23:2).”
How did they come to the conclusion that this verse does not apply to the laws of whipping?
On page 3: Toss, they explain that “to be after all” means “bad for all,” i.e., the laws of souls, but in the laws of property, there is a right for one and a duty for another.
This explains well why the verse is not demanded for the laws of property, but on the face of it, the law of whipping is also “bad for all.”

According to the rabbi's suggestion that the severity of personal injury law is the cause, does this mean that this is a "revealing" sermon, meaning that the sages were looking for a verse that would justify their argument that the power of the majority in personal injury law should be limited?

מיכי Staff replied 1 year ago

In the Mishnah of the Sanhedrin, there is a dispute about how many lashes should be in a beid. Legally, it is like a coin. In any case, it remains that souls are a category unto themselves.
It is clear that the Sages had an opinion to be stricter about souls, but I do not know whether the details of the law would have come from their opinion. Simply put, they do not come from the verse itself.

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