Negative Commandment 310 (Digest)
Allowing a Sorcerer to Live
"You shall not allow a witch to live"—Exodus 22:17.
It is forbidden to allow a sorcerer to live [rather, he must be put to death].
The 310th prohibition is that we are forbidden from allowing a sorceress to live.
The source of this prohibition is G‑d's statement, "Do not allow a sorceress to live."
If we would exempt a sorceress from the death penalty, we would transgress a prohibition. This is unlike exempting from execution another type of transgressor, which would constitute only the nullification of a positive commandment.
Positive Commandment 224 (Digest)
Punishment by Flogging
"The judge shall make him lean over and flog him in front of him"—Deuteronomy 25:2.
Transgressors of certain sins are to be punished with flogging.
The 224th mitzvah is that we are commanded to lash with a strap those who transgress certain commandments.
The source of this commandment is G‑d's statement (exalted be He), "The judge shall make him lean over and have him flogged."
In our list of the prohibitions we will point out which mitzvos are punishable by flogging.
The details of this mitzvah are explained in tractate Makkos.
Negative Commandment 300 (Digest)
Flogging a Defendant more than He can Bear
"He shall give him forty lashes; he may not exceed"—Deuteronomy 25:2-3.
A judge may not sentence a person (found guilty of an offense that calls for flogging) to be flogged even one lash more than his body can physically bear.
A person who is sentenced to flogging is given 39 lashes. However, no person is flogged until [a doctor] estimates how many lashes the defendant can bear—taking in consideration his age, constitution and physique. If the defendant cannot bear the full 39 lashes, he is given as many as he is capable of receiving—not less, however, than three lashes. [In the event that he is only capable of bearing less than three lashes, he is not flogged at all.]
Included in this prohibition is adding even one lash on the 39 requisite lashes [even for one capable of bearing it].
Also included in this mitzvah is the prohibition against striking a fellow Jew. If we are admonished not to strike a sinner [more than he deserves], how much more so the innocent!
It is even forbidden to raise one's hand against a fellow, threatening to strike, even if one has no intention of actually hitting. As our Sages say, "One who [just] raises his hands on his fellow is called evil."
The 300th prohibition is that a judge is forbidden [to order] to lash a transgressor so severely as to threaten his physical integrity. The explanation of this is as follows: one who is to be punished by lashing receives a maximum of 40 lashes [i.e. 39,] as explained in the Oral Tradition. But a person is never given lashes before his tolerance is determined in accordance with his age, condition, and size. If he will be able to survive the full number of lashes, they are all administered. If he will not survive the full number, he is given as many lashes as [it is estimated that] he is able to take — with a minimum of three. This is learned from G‑d's statement, (exalted be He), "[have him flogged] according to his wickedness." The maximum number of lashes is 39, and this prohibition comes to forbid even one extra lash above the number determined by the judge.
The source of this prohibition is G‑d's statement (exalted be He), "[Have him flogged] according to his wickedness. Do not go beyond the limit and give him forty lashes."
The Sifri says, "If one adds on to the number of lashes, one transgresses a prohibition. This teaches the prohibition only for one who adds on to the 40 lashes. What is the source of the prohibition for one who adds on the estimation of the High Court? From the phrase, 'Do not go beyond the limit.' "
This prohibition also forbids one to strike any Jew: If it is prohibited even to strike a transgressor [even one extra time] how much moreso for striking another person! Our Sages also prohibited one from threatening to hit another, even without actually doing so. They said, "Anyone who lifts his hand against another to strike him is called wicked, as it is written, 'And he said to the wicked one, Why did you hit your neighbor?' "
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