Makot (in
Hebrew
Hebrew (; ; ) is a Northwest Semitic language of the Afroasiatic language family. Historically, it is one of the spoken languages of the Israelites and their longest-surviving descendants, the Jews and Samaritans. It was largely preserved ...
: מכות) (in
English
English usually refers to:
* English language
* English people
English may also refer to:
Peoples, culture, and language
* ''English'', an adjective for something of, from, or related to England
** English national ide ...
: "Lashes") is a tractate of the
Mishnah
The Mishnah or the Mishna (; he, מִשְׁנָה, "study by repetition", from the verb ''shanah'' , or "to study and review", also "secondary") is the first major written collection of the Jewish oral traditions which is known as the Oral Torah ...
and
Talmud
The Talmud (; he, , Talmūḏ) is the central text of Rabbinic Judaism and the primary source of Jewish religious law (''halakha'') and Jewish theology. Until the advent of modernity, in nearly all Jewish communities, the Talmud was the cente ...
. It is the fifth volume of the order of
Nezikin
''Nezikin'' ( he, נזיקין ''Neziqin'', "Damages") or ''Seder Nezikin'' (, "The Order of Damages") is the fourth Order of the Mishna (also the Tosefta and Talmud). It deals largely with Jewish criminal and civil law and the Jewish court sy ...
. Makkot deals primarily with laws of the Jewish courts (
beis din
A beit din ( he, בית דין, Bet Din, house of judgment, , Ashkenazic: ''beis din'', plural: batei din) is a rabbinical court of Judaism. In ancient times, it was the building block of the legal system in the Biblical Land of Israel. Today, it ...
) and the punishments which they may administer, and may be regarded as a continuation of tractate
Sanhedrin
The Sanhedrin (Hebrew and Aramaic: סַנְהֶדְרִין; Greek: , ''synedrion'', 'sitting together,' hence 'assembly' or 'council') was an assembly of either 23 or 71 elders (known as "rabbis" after the destruction of the Second Temple), ap ...
, of which it originally formed part.
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 tractate 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 has been persisted in, 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
The Hebrew term ''kareth'' ("cutting off" he, כָּרֵת, ), or extirpation, is a form of punishment for sin, mentioned in the Hebrew Bible and later Jewish writings. Kareth in its simplistic meaning refers to an individual being expelled fr ...
("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
Talmud
Jewish courts and civil law
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