Makkot 15 – Uncertain Warning

For lashes to be administered, the transgressor must be warned shortly before. In the cases where such a warning cannot be stated with certainty, is the court still allowed to administer lashes?

For example, one proclaims, "An oath that I will eat this loaf today!" If he is warned in the morning that he had better eat the loaf, or else he will receive lashes, this is an uncertain warning, because he may still eat the loaf later on. This applies throughout the day: he cannot be told with certainty that if he does not eat the loaf now, he will incur lashes, since he can eat it a while later. He could potentially be warned on the very last moment of the day, but it is practically impossible. In this situation, Rabbi Yochanan says that an uncertain warning is legal; however, he does not receive lashes because he does not act. On the contrary, Resh Lakish does allow lashes even for no action, but Resh Lakish considers an uncertain warning invalid. Thus, according to both, he does not receive lashes, but for different reasons.

Art: Street Scene with Bakery by Jacobus Vrel