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{{short description|Tractate of the Mishnah and Talmud}} |
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{{Unreferenced|date=December 2009}} |
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[[File:Jewish whipping.png|thumb|Engraving of makkot (1657)]] |
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'''Makkot''' ([[ |
'''Makkot''' ({{lang-he|מַכּוֹת|Makkoṯ|Lashes}}) in [[Judaism]] is a tractate of the [[Mishnah]] and [[Talmud]]. It is the fifth volume of the order of [[Nezikin]]. Makkot deals primarily with laws of the [[beth din]] ([[halakha|halachic]] courts) and the punishments which they may administer, and may be regarded as a continuation of tractate [[Sanhedrin (tractate)|Sanhedrin]], of which it originally formed part.<ref>{{cite web |url=https://www.ou.org/life/torah/masechet_makkot_intro/ |title=Introduction to Masechet Makkot |last=Steinsaltz |first=Adin |date=June 3, 2010 |website=ou.org |publisher=[[Orthodox Union]] |access-date=November 4, 2018}}</ref> |
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In its scope of application are the topics of: |
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* [[Edim zomemim|Collusive Witnesses]] (''edim zomemim'') |
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* [[Cities of Refuge|Exile]] to a "[[Cities of Refuge|city of refuge]]" |
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* Court-administered [[flagellation|lashes]] (''malkut'') |
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* The debate over the definition of a [[tattoo]] ''(ka'aka)'' |
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*The false witnesses (''Edim Zomemim'') |
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==Sample content== |
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*The exile in a city of refuge. (''Aray Miklat'') |
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There is a dispute recorded between [[Judah ben Ilai|Rabbi Judah]] and the other sages as to the maximum number of lashes a person might receive. Rabbi Judah held the maximum is forty, while the sages say that the maximum is thirty-nine. The Talmud rules in accord with the sages. |
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*The lashes administered by the court. (''Makkot'') |
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The third chapter of Makkot enumerates 59 offenses, each entailing lashes. Of these, three are marital sins of priests; four, prohibited inter-marriages; seven, sexual relations of an incestuous nature; eight, violations of dietary laws; twelve, various violations of the negative precepts; twenty-five, abuses of Levitical laws and vows. When the offense persisted, the punishment depends on the number of forewarnings (see [[Hatra'ah]]). The Mishnah gives 39 as the maximum number of stripes the court may impose for any one misdemeanor, but the convict must be examined as to his physical ability to endure the full count without endangering his life. The convict is bound in bent position to a post, and the public executioner administers the punishment with a leather strap while one of the judges recites appropriate Scriptural verses (Deut. 28:58-59; 29:8; Psalm 78:38). Anyone guilty of a sin which is punished by [[Kareth]] ("excision") may be cleared by flagellation. The author of this midrash, Ḥanina b. Gamaliel, adds, "If by the commission of a sin one forfeits his soul before God, so much the more reason is there for the belief that, by a meritorious deed, such as voluntary submission to punishment, his soul is saved." |
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The lashes were administered in groups of three, one on the chest and one on the back of each shoulder. Rabbi Judah, who held that forty lashes should be administered, positioned the final strike between the shoulder blades. Since we must not kill the person being lashed, a doctor evaluates how many lashes the convicted can survive (in multiples of three). |
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==References== |
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{{reflist}} |
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{{JewishEncyclopedia|url=http://jewishencyclopedia.com/articles/10313-makkot|title=Makkot}} |
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{{Mishnah}} |
{{Mishnah}} |
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[[Category:Talmud]] |
[[Category:Talmud]] |
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[[Category:Jewish courts and civil law]] |
[[Category:Jewish courts and civil law]] |
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Latest revision as of 21:18, 28 January 2024
Makkot (Hebrew: מַכּוֹת, romanized: Makkoṯ, lit. 'Lashes') in Judaism is a tractate of the Mishnah and Talmud. It is the fifth volume of the order of Nezikin. Makkot deals primarily with laws of the beth din (halachic courts) and the punishments which they may administer, and may be regarded as a continuation of tractate Sanhedrin, of which it originally formed part.[1]
In its scope of application are the topics of:
- The false witnesses (Edim Zomemim)
- The exile in a city of refuge. (Aray Miklat)
- The lashes administered by the court. (Makkot)
The third chapter of Makkot enumerates 59 offenses, each entailing lashes. Of these, three are marital sins of priests; four, prohibited inter-marriages; seven, sexual relations of an incestuous nature; eight, violations of dietary laws; twelve, various violations of the negative precepts; twenty-five, abuses of Levitical laws and vows. When the offense persisted, the punishment depends on the number of forewarnings (see Hatra'ah). The Mishnah gives 39 as the maximum number of stripes the court may impose for any one misdemeanor, but the convict must be examined as to his physical ability to endure the full count without endangering his life. The convict is bound in bent position to a post, and the public executioner administers the punishment with a leather strap while one of the judges recites appropriate Scriptural verses (Deut. 28:58-59; 29:8; Psalm 78:38). Anyone guilty of a sin which is punished by Kareth ("excision") may be cleared by flagellation. The author of this midrash, Ḥanina b. Gamaliel, adds, "If by the commission of a sin one forfeits his soul before God, so much the more reason is there for the belief that, by a meritorious deed, such as voluntary submission to punishment, his soul is saved."
References
[edit]- ^ Steinsaltz, Adin (June 3, 2010). "Introduction to Masechet Makkot". ou.org. Orthodox Union. Retrieved November 4, 2018.
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