thank you to Rabbi Aryeh Lebowitz and Point by Point Summary
4 statements from Rav Sheshet in the name of R’ Elazar ben
Azarya
1. the whip that
the lashes are given with is from a cow
2. If a yavam is
leprous, the yavmah is allowed to demand chalitzah
3. anyone who
disresprects the Jewish holidays is as if he is doing avodah zara
4. anyone who
speaks or accepts lashon hara or gives false testimony deserves to be thrown to
the dogs
The Whip used for lashing:
Mishnah: it has two
straps
Beraita: the straps
are made of donkey skin (the sinner, who does not recognize his Master will be
punished through a donkey who does recognize his master.)
Mishnah: the whip
handle is a tefach (it will reach the sinner’s stomach)
Abaye: this teaches
that they made a whip for each sinner so that it would be the right size
Rava: But then Beit
Din would have so many whips! Rather, it was adjustable
Mishnah: One third
of his lashes on his stomach, 2/3 on his back
Gemara (Rav
Kahana): source for this is “ViHIkahu lifanav kedei rishato bimispar”
Rav Chisda: “Vihipilu”
teaches that the whip is folded.
It also teaches us
that he is whipped leaning
The Whipping:
Mishnah: he is
lashed with one hand
Beraita: we pick a
weak person with a lot of intelligence
Rav Yehuda: we may
even pick a strong person who is not so intelligent
Rava: Presumably we
follow R Yehuda
Beraita: He lifts
the whip with two hands and lashes with one hand
Beraita: the
greatest judge reads, the next best judge counts and the third judge encourages
the lasher to continue. If many lashes will be given, the reader reads slowly. If
few lashes will be given, the reader reads fast. They try to be precise, but if
the reader finishes the reading early, he just starts again.
Beraita: an extra “maka
rabah” or even small blow is forbidden
Humility exempts from lashing:
Beraita (Rabbi
Meir): if a man or woman excreted they are exempt, but not if they urinated
Rabbi Yehuda: a man
is exempt only if he excreted, a woman is exempt if she urinated or excreted.
Beraita (Rabbi
Yehuda): A woman and man are the same if they excreted or urinated
Rav Nachman:
resolves the contradiction—a man and woman are the same for excretion but not
for urination (a woman would be exempt but not a man)
Shmuel: if he was
tied to be lashed and then fled, he is exempt
Beraita: if he
excreted on the first or second time he is exempt. If the whip broke the second
time he is exempt but not if it broke the first time
Question: But
according to Shmuel he should be exempt either way!
Answer: Shmuel
exempts him because he was fleeing. Here, he did not flee
Beraita: if they
estimate that he will excrete immediately when lashed, he is exempt.
If they estimate that he will
excrete after he leaves Beit Din, he is lashed
Even if he excreted the first
time (but before the overseer raised his hand), he is lashed
I have two qestions, feel free to answer either one, or both!
1. Rav Sheshet
states that a person wo disrespects the Jewish holidays is as if he did avodah
zara, and a person who is involved with lashon hara or gives false testimony
deserves to be thrown to the dogs. Why do you think these two specific aveirot
are so severe that Rav Sheshet makes such harsh statements?
2. The Mishnah and
Gemara discuss a person who is exempt from lashes because he was humiliated.
Why do you think the sinner can get away without being lashed just because he was
humiliated, especially if it was humiliation he brought on himself, for example
if he ran away? Is the pain of the lashes and the humiliation equal enough that
if he is humiliated, he is exemt from the lashes?
I think disrespecting the Jewish holidays is so severe that it is likened to one who does avodah zara because the chagim are tenants of the Jewish faith. Most chagim represent HaShem saving the Jewish people and HaShem's incredible love for the Jewish people. By disrespecting chagim, one is in effect denying HaShems role in bringing us to where we are today and His ongoing love and miracles that He displays to/for us. Hence, disrespecting chagim is disrespecting HaShem and denying some of the most basic foundations of Judaism and is therefore a severe sin.
ReplyDeleteLashon Hara and false testimony are also very severe because both of those aveirah's truly degrade another person and can cause huge humiliation or suffering for that person. The punishment is therefore very apropos, as one who degrades and humiliates another person deserves to be degraded and embarrased by being thrown to dogs, as if they are not even human. This also portrays how bad it is to humiliate someone else, and can therefore, also answer the second question you asked. Humiliation strips a person's honor and humanity and therefore it is enough of a punishment for their sin, and they do not need the extra physical punishment of lashes to convince them that what they did was wrong.
Avodah Zara is one of the 3 Yeharaig v'al ya'avors, so I think that it is a little extreme to compare disrespecting a Jewish holiday to doing Avodah Zara. I think that Chagim are a very important aspect of Judaism, but they aren't the most important thing, in the same way that serving only one God (as opposed to Avodah Zara) is.
ReplyDeletePerhaps Rav Sheshet does not mean this literally, but instead wants to demonstate how important each of the Mitzvot are.
I think that disrespecting a Jewish holiday is like avodah zara because chagim are a major part of Judaism and there are so many different laws and history that is associated with a holiday that by breaking a holiday you are essentially breaking a tradition passed on from generations. Speaking lashon harah or giving false testimonies is a major sin because through your words you can cause someone embarrassment or death, which is permanent.
ReplyDeletePirkei Avot says that anyone who shames another in public has no share in olam habah and the Magen Avot adds that the pan of death is instantaneous but the pain of being embarrassed can last a lifetime. Therefore, it would make a lot of sense to not require lashes of someone who was humiliated since they had already received enough punishment which might even last them a lifetime.
ReplyDeleteI agree with what everyone has said before. While it does seem like an extreme statement, like Shana said, it is so important for us to follow the Jewish holidays because within the holidays we celebrate our belief in HaShem and all the great things He has done for us. By disrespecting the holidays, that person is saying that they don't believe in HaShem or respect the amazing things He has done for us, and in that way is comparable to Avodah Zara. As for lashon hara and giving false testimony, I think that the statement is so harsh because in both cases it is also showing disrespect to the system that HaShem has set up for us. With lashon hara, you disrespect HaShem by not listening to His rules, and also showing disregard for His creatures. For giving false testimony, you ruin the honesty of the court system, which HaShem commanded us to make, and can ruin the lives of the people who you testify about. Dishonesty on its own is a serious problem, but to be dishonest in court and to testify falsely is such an extreme violation of HaShem's commandments, that it needs to have such an extreme statement.
ReplyDeleteAnswer to question 1: I think that the Jewish holidays are one of the easiest ways for us as humans to connect to G-d - one of the simplest Bein Adam LaMakom mitzvot we have. Therefore, if we disrespect them, we are disrespecting our connection with G-d, taking advantage of and doing away with the easiest way we can connect to Him. By disrespecting the Chagim, we break the string that connects us to HaShem and that is easiest for us to hold on to.
ReplyDeleteI think that as everyone said, Lashon Hara and false testimony affect other people - Bein Adam LaChaveiro. By committing these sins, we are disrespecting our fellow Jew and affecting other people's view on them. It is not our right to infringe on how one person presents themselves to everyone - it is not our right to change someone's opinion about someone else, and by saying LaShon Hara and bearing false testimony we are doing that and disrespecting our fellow Jew. Therefore, these sins are more severe than others because they set us on a bad path to disrespecting HaShem and our connection with Him, and our fellow Jews.