Friday, June 18, 2010

Makkot 14 – No Double Punishment for the Same Offense

Usually, two punishments cannot be administered for one transgression because one is punished "corresponding to his wickedness," but not more. However, Rabbi Yishmael allows both lashes and the death penalty because it is all "one long death."

Rabbi Yitzchak says that one is cut off for relations with his sister, but does not get lashes. Talking about the laws of incest, the Torah repeated the prohibition one's sister. There is a rule: "The exception proves the rule." In our case, when incest with one's sister is prohibited yet again, on the pain of being cut off, this teaches that being cut off is the only punishment for it, and one does not get lashes. It also teaches that one does not get lashes for all other similar transgressions.

The Sages, who disagree with Rabbi Yitzchak, say that the Torah here speaks about someone who fathered two girls with his mother, then a son with one of the girls, and his son then had relations with the other girl, who is the now his sisterfather's's sister, anmother's's sister – such a person gets three sets of lashes.

Art: The Daughters Of Edward Darley Boit by John Singer Sargent

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