DEUT1418 See [[DEUT854]] Deuteronomy 16:20 justice OXFORD 482-3

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DEUT1421 All those liable to kareth [cutting-off], who receive stripes, are absolved from their kareth, it being written: "and your brother be demeaned" -- Once he has been smitten, he is as your brother (Makkoth 23a)

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DEUT1422 From here it is derived that if he soils himself with excrement or with urine [while being smitten], he is exempt [from the remaining stripes] (Sifrei)

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DEUT1423 We are forbidden to strike others. When someone receives lashes in court, the Torah prohibits striking him beyond the prescribed amount. This prohibition also applies to a layman who strikes his fellow man. Even someone who deserves lashes in court is not to be hit needlessly; all the more so anyone else. (Chinuch 595, Choshen Mishpot 420:1; Shaarey Tshuvah 3:77). 1) You have no right to hit someone even if he starts an argument with you and curses you. If, however, he hits you first, you are permitted to hit him back to save yourself. Nevertheless, you have no right to hit him after he stops hitting you unless he's going to hit you again. Even when you may hit someone to protect yourself, you should not hit him more than is necessary. (Shulchan Aruch Harav, vol. 6). 2) If you see A hitting B, it is a mitzvah to hit A to stop him if that is your only option. If, however, you are able to stop A with any other method, you are obliged to do so. (ibid). 3) If someone tries to steal something from you, you are permitted to hit him to stop him. (ibid). 4) It is forbidden to hit someone even if he gives you permission to do so. (ibid). 5) A parent is permitted to hit his child to train him to behave properly, but not otherwise. (ibid). 6) You violate this prohibition if you maliciously throw an object at someone, even if the object is light and does not cause damage. (Rabbi Yosef Dov Soloveitchik, Rosh Yeshivah of Brisk in Jerusalem).

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DEUT1424 It is a negative commandment to strike no person whatever in Jewry. The admonition on this derives from the verse, Forty lashes he may give him; he may not add more [this verse]. For this is an injunction to strike no man whatever in Jewry: It is a kal va-homer, an inference by reasoning from the less to the more: When someone has become punishable by whiplashes, so that the Torah has given permission to strike him, Scripture commands to add nothing [to the flogging] when he is beaten. How much more certainly must this apply to other human beings. If someone strikes his fellow-man a blow entailing damages of less than a p'rutah [the smallest coin] he should receive whiplashes. But if the damages amount to more than a p'rutah (which means that he struck him a major blow, for which he becomes obligated to make payment of a p'rutah or more), since he becomes duty-bound to pay money he receives no whiplashes (but he does violate the prohibition). Even if a person [only] raises his hand against his fellow-man, he is called wicked. However, if someone delivers a blow in the course of discipline and education, he commits no transgression.

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DEUT1425 See [[DEUT1079]] Deuteronomy 21:23 defile DORFFLOV 156

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DEUT1426 See [[EXOD45]] Exodus 2:13 strike GATES 253-5

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DEUT1427 That which our Sages, z"l, said (Yoma 86a) concerning one who has committed a desecration of Hashem's Name, that repentance together with Yom Kippur suspend [the atonement] in death purges--this is because death purges any sin, after full repentance [Lit., "excellent repentance." Without repentance, even death cannot atone.] If one is killed and confesses his sins before death [I.e., including the sin of desecrating Hashem's Name (Sha'arei Teshuvah Hameforash)], from the moment that the fear of death falls upon him he is atoned for [It would appear that according to Rabbeinu Yonah, it is the fear of death that atones, even before death itself (Zeh Hasha'ar). Thus, the murderer has killed a pious person] and his murderer is regarded as having spilled the blood of an innocent and pious person, as the pasuk says (Tehillim 79:2), "[They have given...] the flesh of Your pious ones to the beasts of the earth." [This chapter in Tehillim refers to the destruction of the Beis HaMikdash by the Babylonians]. Our Sages, z"l, explained (Midrash Tehillim 79) that ["pious ones"] refers also to the wicked among them, on whom the pasuk says (Yirmeyahu 5:8), "They were well-fed horses, arising early." [The rest of the verse reads, "each one neighing to his neighbor's wife," I.e., they were adulterers. Even so, the verse calls them pious, lamenting what the Babylonians did to them.] They were regarded as pious because they received the justice due them, as the pasuk says [this verse], "[Lest he beat him more than these…] And your brother [will thus] be degraded in your eyes"--once lashes have been administered, he is like your brother. [The Torah prohibits giving the sinner even one lash more than required by law. Once he has received his lashes, he is no longer a sinner, but "your brother." Here too, once the wicked adulterers repented and were faced with eminent death, they were considered "pious ones."]

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DEUT1428 Do not overdo physical punishment. If someone has committed a transgression whose punishment is lashes, the court is forbidden to administer the punishment without first estimating how many lashes the person will be able to endure. The court considers that person's age, strength, physical and emotional health and so on. If the court determines that he is capable of bearing thirty-nine lashes, then this is the number that he is given. If the court estimates that he cannot bear thirty-nine, he is given only the number that it appears that he can bear, and no more. Similarly, the court is forbidden to give anyone any more than thirty-nine lashes. An important teaching: If we are forbidden to strike a sinner, all the more so are we forbidden to strike others. In fact, our Sages forbid us to even gesture that we intend to strike a blow to a fellow Jew. They teach (Sanhedrin 58b), “Anyone who raises his hand to strike his fellow Jew is called a wicked man (rasha).” One should never strike a blow to anyone, except if someone has sinned and the court must give him lashes.

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DEUT1429 [Continued from [[DEUT1311]] Deuteronomy 23:25 eat AMEMEI 9]. In a similar manner, an animal that works in the field around food may not be muzzled so that it is deprived of eating food. Just as the Jew is commanded to rest on the Sabbath, the Torah goes out of its way to state an animal must also rest on the Shabbat, to equate the animals in this aspect of Shabbat with man (Exodus 20:9-10 in the Ten Commandments).

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