lashes

The person driving [the two different animals yoked together] receives the forty [lashes]. And the person sitting in the wagon receives the forty [lashes]. But Rabbi Meir exempts [the latter]. [The tying of] a third [animal different from the two already harnessed to a wagon] to the straps [of those animals] is prohibited.

The person driving [the two different animals yoked together] receives the forty [lashes]. And the person sitting in the wagon receives the forty [lashes]. But Rabbi Meir exempts [the latter]. [The tying of] a third [animal different from the two already harnessed to a wagon] to the straps [of those animals] is prohibited.

One must not make dates into honey, apples into wine, winter-grapes into vinegar, or change any other kind of fruit that is terumah or second tithe from their natural state, except olives and grapes. One does not receive forty lashes on account of orlah except with that which comes from olives and grapes. Liquids cannot be brought as first fruits, except with that which comes from olives and grapes. And no fruit juice is susceptible to uncleanness as liquids except with that which comes from olives and grapes. And nothing [that is derived from fruit] can be offered on the altar except with that which comes from olives and grapes.

Everything which can be eaten of a full-grown ox may be eaten of a tender goat, as well as the tops of the forelegs and the cartilages. He who breaks a bone of a clean pesah receives forty [lashes] but he who leaves over [flesh] of a clean [pesah] or breaks [a bone] of an unclean [one] does not receive the forty [lashes.]

Everything which can be eaten of a full-grown ox may be eaten of a tender goat, as well as the tops of the forelegs and the cartilages. He who breaks a bone of a clean pesah receives forty [lashes] but he who leaves over [flesh] of a clean [pesah] or breaks [a bone] of an unclean [one] does not receive the forty [lashes.]

If the child of a priest’s wife was mixed-up with the child of her female slave, behold both may eat terumah and [together] they receive one share at the threshing-floor. They may not defile themselves for the dead nor may they marry any women whether these are eligible [for marriage with a priest] or ineligible. If when they grew up, the mixed-up children freed one another they may marry women who are eligible for marriage with a priest and they may not defile themselves for the dead. If they defiled themselves, they do not receive the penalty of forty lashes. They may not eat terumah, but if they did eat they need not pay compensation either for the principal or [the additional] fifth. They are not to receive a share at the threshing-floor, but they may sell [their own] terumah and the proceeds are theirs. They receive no share in the holy things of the temple, and no holy things are given to them but others do not take their holy things from them. They are exempt from [giving to any priest] the shoulder, the cheeks and the maw, while the firstling of either of them should remain in the pasture until it contracts a blemish. The restrictions relating to priests and the restrictions relating to Israelites are both imposed upon them.

If a woman takes a nazirite vow and then drinks wine or is defiled by a corpse, she receives forty [lashes]. If her husband annuls [her vow] and she did not know that he annulled it, and she drinks wine or is defiled by a corpse, she does not receive the forty [lashes]. Rabbi Judah says: even though she does not receive the forty [lashes] she should receive lashes for disobedience.

If a woman takes a nazirite vow and then drinks wine or is defiled by a corpse, she receives forty [lashes]. If her husband annuls [her vow] and she did not know that he annulled it, and she drinks wine or is defiled by a corpse, she does not receive the forty [lashes]. Rabbi Judah says: even though she does not receive the forty [lashes] she should receive lashes for disobedience.

If a woman takes a nazirite vow and then drinks wine or is defiled by a corpse, she receives forty [lashes]. If her husband annuls [her vow] and she did not know that he annulled it, and she drinks wine or is defiled by a corpse, she does not receive the forty [lashes]. Rabbi Judah says: even though she does not receive the forty [lashes] she should receive lashes for disobedience.

If a woman takes a nazirite vow and then drinks wine or is defiled by a corpse, she receives forty [lashes]. If her husband annuls [her vow] and she did not know that he annulled it, and she drinks wine or is defiled by a corpse, she does not receive the forty [lashes]. Rabbi Judah says: even though she does not receive the forty [lashes] she should receive lashes for disobedience.

How do witnesses become liable [to punishment] as perjurers? [If they say:] “We testify that so and so [a priest] is a son of a woman who had [formerly] been divorced or a haluzah,” it is not said that each witness should himself be as if he was born of a divorcee or a haluzah; rather he receives forty [lashes]. [If they say]: “We testify that so and so is guilty of [a crime entailing] exile”, it is not said that each witness should himself be exiled; rather he receives forty [lashes]. [If they say:] “We testify that so and so divorced his wife and has not paid her kethubah” seeing that either today or tomorrow he [the husband] will pay her kethubah, the assessment should be made how much a man will be willing to pay [now] for the ownership of her kethubah, on the condition that if she should be widowed or divorced [he will take it over] but if she should die, her husband will inherit her [estate including the kethubah]. [If they say]: “We testify that so and so owes his friend one thousand zuz on the condition that he will pay him within thirty days”, while the debtor says “ten years”, the assessment should be made how much a man is willing to pay for the use of a thousand zuz, whether he pays them in thirty days or ten years.

How do witnesses become liable [to punishment] as perjurers? [If they say:] “We testify that so and so [a priest] is a son of a woman who had [formerly] been divorced or a haluzah,” it is not said that each witness should himself be as if he was born of a divorcee or a haluzah; rather he receives forty [lashes]. [If they say]: “We testify that so and so is guilty of [a crime entailing] exile”, it is not said that each witness should himself be exiled; rather he receives forty [lashes]. [If they say:] “We testify that so and so divorced his wife and has not paid her kethubah” seeing that either today or tomorrow he [the husband] will pay her kethubah, the assessment should be made how much a man will be willing to pay [now] for the ownership of her kethubah, on the condition that if she should be widowed or divorced [he will take it over] but if she should die, her husband will inherit her [estate including the kethubah]. [If they say]: “We testify that so and so owes his friend one thousand zuz on the condition that he will pay him within thirty days”, while the debtor says “ten years”, the assessment should be made how much a man is willing to pay for the use of a thousand zuz, whether he pays them in thirty days or ten years.

[If they say:] “We testify that so and so is liable to a flogging of forty lashes, and they are found to be perjurers, they receive eighty lashes, because of, “You shall not bear false witness against your neighbor” (Exodus 20:13) and “You shall do to him as he schemed to do to his fellow” (Deuternomy 19:19), these are the words of Rabbi Meir. But the sages say, “They receive only forty lashes.” Monetary impositions are shared among the offenders, but the lashes are not shared among the offenders. How so? If they testified that he owed his friend two hundred zuz, and they were found to be perjurers, they divide the corresponding damages proportionately between them. But if they testified that he was liable to a flogging of forty lashes and were found to be perjurers, each one receives forty lashes.

[If they say:] “We testify that so and so is liable to a flogging of forty lashes, and they are found to be perjurers, they receive eighty lashes, because of, “You shall not bear false witness against your neighbor” (Exodus 20:13) and “You shall do to him as he schemed to do to his fellow” (Deuternomy 19:19), these are the words of Rabbi Meir. But the sages say, “They receive only forty lashes.” Monetary impositions are shared among the offenders, but the lashes are not shared among the offenders. How so? If they testified that he owed his friend two hundred zuz, and they were found to be perjurers, they divide the corresponding damages proportionately between them. But if they testified that he was liable to a flogging of forty lashes and were found to be perjurers, each one receives forty lashes.

[If they say:] “We testify that so and so is liable to a flogging of forty lashes, and they are found to be perjurers, they receive eighty lashes, because of, “You shall not bear false witness against your neighbor” (Exodus 20:13) and “You shall do to him as he schemed to do to his fellow” (Deuternomy 19:19), these are the words of Rabbi Meir. But the sages say, “They receive only forty lashes.” Monetary impositions are shared among the offenders, but the lashes are not shared among the offenders. How so? If they testified that he owed his friend two hundred zuz, and they were found to be perjurers, they divide the corresponding damages proportionately between them. But if they testified that he was liable to a flogging of forty lashes and were found to be perjurers, each one receives forty lashes.

[If they say:] “We testify that so and so is liable to a flogging of forty lashes, and they are found to be perjurers, they receive eighty lashes, because of, “You shall not bear false witness against your neighbor” (Exodus 20:13) and “You shall do to him as he schemed to do to his fellow” (Deuternomy 19:19), these are the words of Rabbi Meir. But the sages say, “They receive only forty lashes.” Monetary impositions are shared among the offenders, but the lashes are not shared among the offenders. How so? If they testified that he owed his friend two hundred zuz, and they were found to be perjurers, they divide the corresponding damages proportionately between them. But if they testified that he was liable to a flogging of forty lashes and were found to be perjurers, each one receives forty lashes.

[If they say:] “We testify that so and so is liable to a flogging of forty lashes, and they are found to be perjurers, they receive eighty lashes, because of, “You shall not bear false witness against your neighbor” (Exodus 20:13) and “You shall do to him as he schemed to do to his fellow” (Deuternomy 19:19), these are the words of Rabbi Meir. But the sages say, “They receive only forty lashes.” Monetary impositions are shared among the offenders, but the lashes are not shared among the offenders. How so? If they testified that he owed his friend two hundred zuz, and they were found to be perjurers, they divide the corresponding damages proportionately between them. But if they testified that he was liable to a flogging of forty lashes and were found to be perjurers, each one receives forty lashes.

[If they say:] “We testify that so and so is liable to a flogging of forty lashes, and they are found to be perjurers, they receive eighty lashes, because of, “You shall not bear false witness against your neighbor” (Exodus 20:13) and “You shall do to him as he schemed to do to his fellow” (Deuternomy 19:19), these are the words of Rabbi Meir. But the sages say, “They receive only forty lashes.” Monetary impositions are shared among the offenders, but the lashes are not shared among the offenders. How so? If they testified that he owed his friend two hundred zuz, and they were found to be perjurers, they divide the corresponding damages proportionately between them. But if they testified that he was liable to a flogging of forty lashes and were found to be perjurers, each one receives forty lashes.

If a man threw a stone into the public domain and killed a person, he goes into banishment. Rabbi Eliezer ben Jacob says: “If after the stone had left his hand another person put out his head and caught it, the thrower is exempt [from banishment].” If a man threw a stone into his [own] court and killed a person, then, if the victim had a right of entry there, the thrower goes into banishment, and if not, he does not go into banishment, as it says, “As when a man goes into the forest with his neighbor” (Deut. 19:5): the forest is a domain accessible to the victim and to the slayer and it therefore excludes the court of the householder where the victim has no right of entry. Abba Shaul says: “Hewing of wood is an optional act and it therefore excludes a father beating his son, or a master disciplining his pupil, or an agent of the court [administering lashes].”

One who eats of first fruits previous to the recital over them (Deut. 26:3-10); Of most holy things outside of the Temple curtains (Exodus 27:9); Of lesser holy things or of second tithe, outside the city wall (Deut. 12:17-18). One who breaks a bone of a ritually clean Passover offering receives forty [lashes] (Exodus 12:46); But one who leaves over a clean [Passover offering] (Exodus 12:10), or breaks a bone of an unclean [Passover offering], is not given forty [lashes].

One who eats of first fruits previous to the recital over them (Deut. 26:3-10); Of most holy things outside of the Temple curtains (Exodus 27:9); Of lesser holy things or of second tithe, outside the city wall (Deut. 12:17-18). One who breaks a bone of a ritually clean Passover offering receives forty [lashes] (Exodus 12:46); But one who leaves over a clean [Passover offering] (Exodus 12:10), or breaks a bone of an unclean [Passover offering], is not given forty [lashes].

If he has been defiling himself for the dead all day, he is liable for only one set of lashes. If they said to him, “Do not defile yourself! Do not defile yourself!” and he did defile himself [each time], he is liable on each instance. If he was shaving all day he is liable for only one set of lashes. If they said to him, “Do not shave, Do not shave” and he did shave [each time], he is liable on each instance. If he was wearing a garment of mixed linen and wool all day, he is liable for only one set of lashes. If they said to him, “Do not put it on! Do not put it on!” and he takes it off and puts it on, he is liable on each instance.

If he has been defiling himself for the dead all day, he is liable for only one set of lashes. If they said to him, “Do not defile yourself! Do not defile yourself!” and he did defile himself [each time], he is liable on each instance. If he was shaving all day he is liable for only one set of lashes. If they said to him, “Do not shave, Do not shave” and he did shave [each time], he is liable on each instance. If he was wearing a garment of mixed linen and wool all day, he is liable for only one set of lashes. If they said to him, “Do not put it on! Do not put it on!” and he takes it off and puts it on, he is liable on each instance.

If he has been defiling himself for the dead all day, he is liable for only one set of lashes. If they said to him, “Do not defile yourself! Do not defile yourself!” and he did defile himself [each time], he is liable on each instance. If he was shaving all day he is liable for only one set of lashes. If they said to him, “Do not shave, Do not shave” and he did shave [each time], he is liable on each instance. If he was wearing a garment of mixed linen and wool all day, he is liable for only one set of lashes. If they said to him, “Do not put it on! Do not put it on!” and he takes it off and puts it on, he is liable on each instance.

How many lashes is he given? Forty save one, as it says, “By number forty” (Deuteronomy 25:2-3) which means, a number close to forty. Rabbi Judah says: “He is given forty [lashes] in full.” And where does he receive the additional lash? Between his shoulders.

How many lashes is he given? Forty save one, as it says, “By number forty” (Deuteronomy 25:2-3) which means, a number close to forty. Rabbi Judah says: “He is given forty [lashes] in full.” And where does he receive the additional lash? Between his shoulders.

When they estimate the number of lashes he can stand it must be a number divisible by three. If they estimated him capable of receiving forty, and after receiving some they said he cannot receive forty, he is exempt [from the rest]. If they estimated him fit to receive eighteen, and after he was lashed they said he could receive forty, he is exempt [from the rest]. If he committed a transgression which violated two prohibitions and they made one estimate [for the lashes for both prohibitions], he is lashed and then exempt [from more]. And if [they had] not [made one estimate for both], he is lashed [for one transgression], is allowed to recover and then is lashed again.

When they estimate the number of lashes he can stand it must be a number divisible by three. If they estimated him capable of receiving forty, and after receiving some they said he cannot receive forty, he is exempt [from the rest]. If they estimated him fit to receive eighteen, and after he was lashed they said he could receive forty, he is exempt [from the rest]. If he committed a transgression which violated two prohibitions and they made one estimate [for the lashes for both prohibitions], he is lashed and then exempt [from more]. And if [they had] not [made one estimate for both], he is lashed [for one transgression], is allowed to recover and then is lashed again.

The handle is a handbreadth long and a handbreadth wide, its tip reaching to the edge of the [offender’s] abdomen. He administers one-third [of the lashes] in front and two-thirds behind. He lashes him not in a standing or sitting position but stooping, as it says, “And the judge shall cause him to fall [stoop] down” (Deut. 25:2). He who administers the lashes lashes with his one hand and with his whole force.

The handle is a handbreadth long and a handbreadth wide, its tip reaching to the edge of the [offender’s] abdomen. He administers one-third [of the lashes] in front and two-thirds behind. He lashes him not in a standing or sitting position but stooping, as it says, “And the judge shall cause him to fall [stoop] down” (Deut. 25:2). He who administers the lashes lashes with his one hand and with his whole force.

The handle is a handbreadth long and a handbreadth wide, its tip reaching to the edge of the [offender’s] abdomen. He administers one-third [of the lashes] in front and two-thirds behind. He lashes him not in a standing or sitting position but stooping, as it says, “And the judge shall cause him to fall [stoop] down” (Deut. 25:2). He who administers the lashes lashes with his one hand and with his whole force.

The handle is a handbreadth long and a handbreadth wide, its tip reaching to the edge of the [offender’s] abdomen. He administers one-third [of the lashes] in front and two-thirds behind. He lashes him not in a standing or sitting position but stooping, as it says, “And the judge shall cause him to fall [stoop] down” (Deut. 25:2). He who administers the lashes lashes with his one hand and with his whole force.

And the one who recites, says: “If you fail to observe faithfully all the terms of this Teaching…the Lord will inflict upon you extraordinary plagues (lashes)” (Deut. 25:58-59) And then (if time remains) he returns to the beginning of the section. [“Therefore observe faithfully all the terms of this covenant” (Deut. 28:9) and he completes by saying, “And He is merciful, forgiving iniquity” (Psalms 78:38).] If the offender dies under his hand, he is exempt [from penalty]. If he gave him one more lash and the offender died, he goes into banishment. If the offender befouled himself either with feces or urine, he is exempt. Rabbi Judah says: “Feces in the case of a man and [even] urine in the case of a woman.

All who have incurred [the penalty of] kareth, on being flogged are exempt from their punishment of kareth, for it says, “[He may be given up to forty lashes, but not more] ... lest your brother shall be dishonored before your eyes” (Deut. 25;3) once he has been lashed he is [considered] “your brother”, the words of Rabbi Hananiah ben Gamaliel. Rabbi Hananiah ben Gamaliel said: “Just as one who transgresses one transgression forfeits his life, how much more does one who performs one commandment have his life granted him.” Rabbi Shimon says: “You can learn this from its own passage; as it says: “[All who do any of those abhorrent things] such persons shall be cut off from their people” (Lev. 18:29), and it says: “You shall keep my statutes and my ordinances which if a man do, he shall live by them” (Lev. 18:5), which means that one who desists from transgressing is granted reward like one who performs a precept. Rabbi Shimon bar Rabbi says: Behold [the Torah] says, “But makes sure that you do not partake of the blood; for the blood is the life, and you must not consume the life with the flesh…[that it may go well with you and with your descendents to come..” (Deut. 12:23-25”-- now, if in the case of blood which a person’s soul loathes, anyone who refrains from it receives reward, how much more so in regard to robbery and sexual sin for which a person’s soul craves and longs shall one who refrains from them acquire merit for himself and for generations and generations to come, to the end of all generations!

What is a vain oath? If he swore that which is contrary to the facts known to people, saying of a pillar of stone that it is of gold; or of a man that he is a woman; or of a woman that she is a man. If he swore concerning a thing which is impossible, [for instance if he said,] “If I have not seen a camel flying in the air”, or “If I have not seen a serpent as thick as the beam of the olive press”. If he said to witnesses, “Come and bear testimony for me”, [and they replied,] “We swear that we will not bear testimony for you”. If he swore to annul a commandment, [for example] not to make a sukkah, or not to take a lulav, or not to put on tefillin. These are vain oaths, for which one is liable, for intentional transgression, lashes, and for unintentional transgression one is exempt.

The oath of utterance applies to men and women, to relatives and non-relatives, to those qualified [to bear witness] and those not qualified, [whether uttered] before the court, or not before the court, [but it must be uttered] with a man’s own mouth. And he is liable, for intentional transgression, lashes, and for unintentional transgression, a sliding scale sacrifice.

[The law of] “It and its young” applies both within the land of Israel and outside it, both during the existence of the Temple and after it, in respect of both unconsecrated and consecrated animals. How so? If a person slaughtered an animal and its young, both animals being unconsecrated, [and they slaughtered them] outside [the sanctuary], they are both valid, but [he who slaughtered] the second incurs forty lashes. If both animals were consecrated [and they were slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet, both animals are invalid, and each incurs forty lashes. If both animals were unconsecrated [and they were slaughtered] inside [the sanctuary], both animals are invalid, and [he who slaughtered] the second incurs forty lashes. If both animals were consecrated [and they were slaughtered] inside [the sanctuary], the first is valid and [he who slaughtered it is] not culpable, but [he who slaughtered] the second incurs forty lashes, and it is invalid.

[The law of] “It and its young” applies both within the land of Israel and outside it, both during the existence of the Temple and after it, in respect of both unconsecrated and consecrated animals. How so? If a person slaughtered an animal and its young, both animals being unconsecrated, [and they slaughtered them] outside [the sanctuary], they are both valid, but [he who slaughtered] the second incurs forty lashes. If both animals were consecrated [and they were slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet, both animals are invalid, and each incurs forty lashes. If both animals were unconsecrated [and they were slaughtered] inside [the sanctuary], both animals are invalid, and [he who slaughtered] the second incurs forty lashes. If both animals were consecrated [and they were slaughtered] inside [the sanctuary], the first is valid and [he who slaughtered it is] not culpable, but [he who slaughtered] the second incurs forty lashes, and it is invalid.

[The law of] “It and its young” applies both within the land of Israel and outside it, both during the existence of the Temple and after it, in respect of both unconsecrated and consecrated animals. How so? If a person slaughtered an animal and its young, both animals being unconsecrated, [and they slaughtered them] outside [the sanctuary], they are both valid, but [he who slaughtered] the second incurs forty lashes. If both animals were consecrated [and they were slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet, both animals are invalid, and each incurs forty lashes. If both animals were unconsecrated [and they were slaughtered] inside [the sanctuary], both animals are invalid, and [he who slaughtered] the second incurs forty lashes. If both animals were consecrated [and they were slaughtered] inside [the sanctuary], the first is valid and [he who slaughtered it is] not culpable, but [he who slaughtered] the second incurs forty lashes, and it is invalid.

[The law of] “It and its young” applies both within the land of Israel and outside it, both during the existence of the Temple and after it, in respect of both unconsecrated and consecrated animals. How so? If a person slaughtered an animal and its young, both animals being unconsecrated, [and they slaughtered them] outside [the sanctuary], they are both valid, but [he who slaughtered] the second incurs forty lashes. If both animals were consecrated [and they were slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet, both animals are invalid, and each incurs forty lashes. If both animals were unconsecrated [and they were slaughtered] inside [the sanctuary], both animals are invalid, and [he who slaughtered] the second incurs forty lashes. If both animals were consecrated [and they were slaughtered] inside [the sanctuary], the first is valid and [he who slaughtered it is] not culpable, but [he who slaughtered] the second incurs forty lashes, and it is invalid.

If [the first animal was] unconsecrated and [the second] consecrated [and they were both slaughtered] outside [the sanctuary], the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet and it is invalid, and the second [animal] is valid, and each incurs forty lashes. If [the first was] unconsecrated and [the second] consecrated [and they were both slaughtered] inside [the sanctuary], they are both invalid, and [he who slaughtered] the second incurs forty lashes. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] inside [the sanctuary], the first animal is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were unconsecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were consecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, [he who slaughtered] the first incurs the penalty of karet, each incurs forty lashes, and both animals are invalid. If both were unconsecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is invalid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is valid. If both were consecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid.

If [the first animal was] unconsecrated and [the second] consecrated [and they were both slaughtered] outside [the sanctuary], the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet and it is invalid, and the second [animal] is valid, and each incurs forty lashes. If [the first was] unconsecrated and [the second] consecrated [and they were both slaughtered] inside [the sanctuary], they are both invalid, and [he who slaughtered] the second incurs forty lashes. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] inside [the sanctuary], the first animal is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were unconsecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were consecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, [he who slaughtered] the first incurs the penalty of karet, each incurs forty lashes, and both animals are invalid. If both were unconsecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is invalid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is valid. If both were consecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid.

If [the first animal was] unconsecrated and [the second] consecrated [and they were both slaughtered] outside [the sanctuary], the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet and it is invalid, and the second [animal] is valid, and each incurs forty lashes. If [the first was] unconsecrated and [the second] consecrated [and they were both slaughtered] inside [the sanctuary], they are both invalid, and [he who slaughtered] the second incurs forty lashes. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] inside [the sanctuary], the first animal is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were unconsecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were consecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, [he who slaughtered] the first incurs the penalty of karet, each incurs forty lashes, and both animals are invalid. If both were unconsecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is invalid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is valid. If both were consecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid.

If [the first animal was] unconsecrated and [the second] consecrated [and they were both slaughtered] outside [the sanctuary], the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet and it is invalid, and the second [animal] is valid, and each incurs forty lashes. If [the first was] unconsecrated and [the second] consecrated [and they were both slaughtered] inside [the sanctuary], they are both invalid, and [he who slaughtered] the second incurs forty lashes. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] inside [the sanctuary], the first animal is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were unconsecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were consecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, [he who slaughtered] the first incurs the penalty of karet, each incurs forty lashes, and both animals are invalid. If both were unconsecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is invalid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is valid. If both were consecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid.

If [the first animal was] unconsecrated and [the second] consecrated [and they were both slaughtered] outside [the sanctuary], the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet and it is invalid, and the second [animal] is valid, and each incurs forty lashes. If [the first was] unconsecrated and [the second] consecrated [and they were both slaughtered] inside [the sanctuary], they are both invalid, and [he who slaughtered] the second incurs forty lashes. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] inside [the sanctuary], the first animal is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were unconsecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were consecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, [he who slaughtered] the first incurs the penalty of karet, each incurs forty lashes, and both animals are invalid. If both were unconsecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is invalid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is valid. If both were consecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid.

If [the first animal was] unconsecrated and [the second] consecrated [and they were both slaughtered] outside [the sanctuary], the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet and it is invalid, and the second [animal] is valid, and each incurs forty lashes. If [the first was] unconsecrated and [the second] consecrated [and they were both slaughtered] inside [the sanctuary], they are both invalid, and [he who slaughtered] the second incurs forty lashes. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] inside [the sanctuary], the first animal is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were unconsecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were consecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, [he who slaughtered] the first incurs the penalty of karet, each incurs forty lashes, and both animals are invalid. If both were unconsecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is invalid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is valid. If both were consecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid.

If [the first animal was] unconsecrated and [the second] consecrated [and they were both slaughtered] outside [the sanctuary], the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet and it is invalid, and the second [animal] is valid, and each incurs forty lashes. If [the first was] unconsecrated and [the second] consecrated [and they were both slaughtered] inside [the sanctuary], they are both invalid, and [he who slaughtered] the second incurs forty lashes. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] inside [the sanctuary], the first animal is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were unconsecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were consecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, [he who slaughtered] the first incurs the penalty of karet, each incurs forty lashes, and both animals are invalid. If both were unconsecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is invalid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is valid. If both were consecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid.

If [the first animal was] unconsecrated and [the second] consecrated [and they were both slaughtered] outside [the sanctuary], the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] outside [the sanctuary], [he who slaughtered] the first incurs the penalty of karet and it is invalid, and the second [animal] is valid, and each incurs forty lashes. If [the first was] unconsecrated and [the second] consecrated [and they were both slaughtered] inside [the sanctuary], they are both invalid, and [he who slaughtered] the second incurs forty lashes. If [the first was] consecrated and [the second] unconsecrated [and they were both slaughtered] inside [the sanctuary], the first animal is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were unconsecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid. If both were consecrated and [the first was slaughtered] outside [the sanctuary] and [the second] inside, [he who slaughtered] the first incurs the penalty of karet, each incurs forty lashes, and both animals are invalid. If both were unconsecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is invalid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is valid. If both were consecrated and [the first was slaughtered] inside [the sanctuary] and [the second] outside, the first is valid and [he who slaughtered it is] not liable, but [he who slaughtered] the second incurs forty lashes and it is invalid.

If a person slaughtered [an animal] and it was found to be terefah, or if he slaughtered [it as an offering] to idols, or if he slaughtered the red cow, or an ox which was condemned to be stoned, or a heifer whose neck was to be broken: Rabbi Shimon exempts [him from having transgressed the law of “it and its young”]; but the sages make him liable. If a person slaughtered [an animal] and it became nevelah under his hand, or if he stabbed it, or tore away [the organs of the throat], he does not thereby transgress the law of it and its young. If two people bought a cow and its young, he who bought first can slaughter first; but if the second preceded him, he holds his advantage. If a person slaughtered a cow and then two of its calves, he is liable for eighty lashes. If he slaughtered its two calves and then the cow, he is liable for forty lashes. If he slaughtered it and then its calf and then the calf's offspring, he is liable for eighty lashes. If he slaughtered it and then its calf's offspring and then the calf, he is liable for forty lashes. Symmachos says in the name of Rabbi Meir: he is liable for eighty lashes. At four periods in the year he who sells a beast to another must inform him, “I sold today its mother to be slaughtered,” or “I sold today its young to be slaughtered,” and these are they: on the eve of the last day of the feast [of Sukkot], on the eve of the first day of Pesah, on the eve of Shavuot, and on the eve of Rosh Hashanah. According to Rabbi Yose the Galilean, also on the eve of Yom Kippur, in the Galilee. Rabbi Judah says, this is so, only when there was no time in between the sales, but if there was time, he need not inform him. Rabbi Judah agrees that if he sold the mother to the bridegroom and the young to the bride, he must inform them of it, for it is certain that they will each slaughter on the same day.

If a person slaughtered [an animal] and it was found to be terefah, or if he slaughtered [it as an offering] to idols, or if he slaughtered the red cow, or an ox which was condemned to be stoned, or a heifer whose neck was to be broken: Rabbi Shimon exempts [him from having transgressed the law of “it and its young”]; but the sages make him liable. If a person slaughtered [an animal] and it became nevelah under his hand, or if he stabbed it, or tore away [the organs of the throat], he does not thereby transgress the law of it and its young. If two people bought a cow and its young, he who bought first can slaughter first; but if the second preceded him, he holds his advantage. If a person slaughtered a cow and then two of its calves, he is liable for eighty lashes. If he slaughtered its two calves and then the cow, he is liable for forty lashes. If he slaughtered it and then its calf and then the calf's offspring, he is liable for eighty lashes. If he slaughtered it and then its calf's offspring and then the calf, he is liable for forty lashes. Symmachos says in the name of Rabbi Meir: he is liable for eighty lashes. At four periods in the year he who sells a beast to another must inform him, “I sold today its mother to be slaughtered,” or “I sold today its young to be slaughtered,” and these are they: on the eve of the last day of the feast [of Sukkot], on the eve of the first day of Pesah, on the eve of Shavuot, and on the eve of Rosh Hashanah. According to Rabbi Yose the Galilean, also on the eve of Yom Kippur, in the Galilee. Rabbi Judah says, this is so, only when there was no time in between the sales, but if there was time, he need not inform him. Rabbi Judah agrees that if he sold the mother to the bridegroom and the young to the bride, he must inform them of it, for it is certain that they will each slaughter on the same day.

If a person slaughtered [an animal] and it was found to be terefah, or if he slaughtered [it as an offering] to idols, or if he slaughtered the red cow, or an ox which was condemned to be stoned, or a heifer whose neck was to be broken: Rabbi Shimon exempts [him from having transgressed the law of “it and its young”]; but the sages make him liable. If a person slaughtered [an animal] and it became nevelah under his hand, or if he stabbed it, or tore away [the organs of the throat], he does not thereby transgress the law of it and its young. If two people bought a cow and its young, he who bought first can slaughter first; but if the second preceded him, he holds his advantage. If a person slaughtered a cow and then two of its calves, he is liable for eighty lashes. If he slaughtered its two calves and then the cow, he is liable for forty lashes. If he slaughtered it and then its calf and then the calf's offspring, he is liable for eighty lashes. If he slaughtered it and then its calf's offspring and then the calf, he is liable for forty lashes. Symmachos says in the name of Rabbi Meir: he is liable for eighty lashes. At four periods in the year he who sells a beast to another must inform him, “I sold today its mother to be slaughtered,” or “I sold today its young to be slaughtered,” and these are they: on the eve of the last day of the feast [of Sukkot], on the eve of the first day of Pesah, on the eve of Shavuot, and on the eve of Rosh Hashanah. According to Rabbi Yose the Galilean, also on the eve of Yom Kippur, in the Galilee. Rabbi Judah says, this is so, only when there was no time in between the sales, but if there was time, he need not inform him. Rabbi Judah agrees that if he sold the mother to the bridegroom and the young to the bride, he must inform them of it, for it is certain that they will each slaughter on the same day.

If a person slaughtered [an animal] and it was found to be terefah, or if he slaughtered [it as an offering] to idols, or if he slaughtered the red cow, or an ox which was condemned to be stoned, or a heifer whose neck was to be broken: Rabbi Shimon exempts [him from having transgressed the law of “it and its young”]; but the sages make him liable. If a person slaughtered [an animal] and it became nevelah under his hand, or if he stabbed it, or tore away [the organs of the throat], he does not thereby transgress the law of it and its young. If two people bought a cow and its young, he who bought first can slaughter first; but if the second preceded him, he holds his advantage. If a person slaughtered a cow and then two of its calves, he is liable for eighty lashes. If he slaughtered its two calves and then the cow, he is liable for forty lashes. If he slaughtered it and then its calf and then the calf's offspring, he is liable for eighty lashes. If he slaughtered it and then its calf's offspring and then the calf, he is liable for forty lashes. Symmachos says in the name of Rabbi Meir: he is liable for eighty lashes. At four periods in the year he who sells a beast to another must inform him, “I sold today its mother to be slaughtered,” or “I sold today its young to be slaughtered,” and these are they: on the eve of the last day of the feast [of Sukkot], on the eve of the first day of Pesah, on the eve of Shavuot, and on the eve of Rosh Hashanah. According to Rabbi Yose the Galilean, also on the eve of Yom Kippur, in the Galilee. Rabbi Judah says, this is so, only when there was no time in between the sales, but if there was time, he need not inform him. Rabbi Judah agrees that if he sold the mother to the bridegroom and the young to the bride, he must inform them of it, for it is certain that they will each slaughter on the same day.

If a person slaughtered [an animal] and it was found to be terefah, or if he slaughtered [it as an offering] to idols, or if he slaughtered the red cow, or an ox which was condemned to be stoned, or a heifer whose neck was to be broken: Rabbi Shimon exempts [him from having transgressed the law of “it and its young”]; but the sages make him liable. If a person slaughtered [an animal] and it became nevelah under his hand, or if he stabbed it, or tore away [the organs of the throat], he does not thereby transgress the law of it and its young. If two people bought a cow and its young, he who bought first can slaughter first; but if the second preceded him, he holds his advantage. If a person slaughtered a cow and then two of its calves, he is liable for eighty lashes. If he slaughtered its two calves and then the cow, he is liable for forty lashes. If he slaughtered it and then its calf and then the calf's offspring, he is liable for eighty lashes. If he slaughtered it and then its calf's offspring and then the calf, he is liable for forty lashes. Symmachos says in the name of Rabbi Meir: he is liable for eighty lashes. At four periods in the year he who sells a beast to another must inform him, “I sold today its mother to be slaughtered,” or “I sold today its young to be slaughtered,” and these are they: on the eve of the last day of the feast [of Sukkot], on the eve of the first day of Pesah, on the eve of Shavuot, and on the eve of Rosh Hashanah. According to Rabbi Yose the Galilean, also on the eve of Yom Kippur, in the Galilee. Rabbi Judah says, this is so, only when there was no time in between the sales, but if there was time, he need not inform him. Rabbi Judah agrees that if he sold the mother to the bridegroom and the young to the bride, he must inform them of it, for it is certain that they will each slaughter on the same day.

If a deaf-mute, an imbecile or a minor slaughtered while others watched them, one must cover up the blood; but if they were alone, they are exempt from covering it up. Similarly for the matter of “it and its young”: if they slaughtered while others watched them, it is forbidden to slaughter after them [the mother/young], but if they were alone: Rabbi Meir permits to slaughter after them [the mother/young]. But the rabbis forbid it. They agree, that if a person did slaughter [after them], he has not incurred forty lashes.

If one took the mother with the young: Rabbi Judah says: he has incurred [forty] lashes and he need not now let her go. But the sages say: he must let her go, and he does not incur lashes. This is the general rule: [For the transgression of] any negative commandment which has of a remedy by the subsequent fulfillment of a positive commandment one does not incur lashes.

If one took the mother with the young: Rabbi Judah says: he has incurred [forty] lashes and he need not now let her go. But the sages say: he must let her go, and he does not incur lashes. This is the general rule: [For the transgression of] any negative commandment which has of a remedy by the subsequent fulfillment of a positive commandment one does not incur lashes.

If one took the mother with the young: Rabbi Judah says: he has incurred [forty] lashes and he need not now let her go. But the sages say: he must let her go, and he does not incur lashes. This is the general rule: [For the transgression of] any negative commandment which has of a remedy by the subsequent fulfillment of a positive commandment one does not incur lashes.

All persons can substitute, both men and women. Not that one is permitted to substitute, but that if one did so, the substitute is sacred, and he receives forty lashes. Priests have the power to substitute their own [animal] and Israelites also have the power to substitute their own [animal]. Priests do not have the power to substitute a hatat, an asham or a first-born: Rabbi Yohanan ben Nuri: what is the reason [priests] do not have the power to substitute a first-born? Rabbi Akiva said: a hatat and an asham are priestly gifts and a first-born is also a priestly gift. Just as in the case of a hatat and an asham [priests] have no power to substitute them, so in the case of a first-born [priests] have no power to substitute it. Rabbi Yohanan ben Nuri said to him: So what that priests should have no power to substitute a hatat and an asham, for there they have do not have a claim on these [offerings] while they are alive. How can you say that the same applies to a first-born upon which [the priests] do have a claim when it is alive? Rabbi Akiva replied to him: Has not Scripture already said: “Then it and its substitute shall be holy?” (Leviticus 27:10). Now where does the holiness [of the original animal] occur? In the house of the owners; so too the substitution occurs in the house of the owners.

A woman who has had several births. If she miscarried a female within eighty days of the birth of a girl, and then she again miscarried a female within eighty days of the previous [miscarriage]; or if she miscarried twins. Rabbi Judah says: she brings an offering for the first and not for the second, for the third again but not for the fourth. The following persons bring an offering of higher or lesser value: One who hears the voice (see Leviticus 5:1); One who has broken the word of his lips (Leviticus 5:4); One who while unclean has entered the sanctuary or [has partaken] of holy things, A woman after childbirth And a metzora. What is the difference between [intercourse] with a female slave and the other forbidden sexual relations? For they are not equivalent in regard to the punishment nor the sacrifice. In the case of all other forbidden sexual relations a hatat is brought, in that of a female slave an asham; In the case of the other forbidden sexual relations a female animal is brought, in that of the female slave a male; In the case of the other forbidden sexual relations man and woman are alike with respect to lashes and the sacrifice; in that of the female slave the man is unlike the woman regarding the lashes, and the woman is unlike the man regarding the sacrifice. In the case of all other forbidden sexual relations sexual contact is punishable as well as consummation, and one is liable for each act of intercourse separately. For in this the case of the female slave is more stringent in that intentional transgression is of the same status as unwitting transgression.

A woman who has had several births. If she miscarried a female within eighty days of the birth of a girl, and then she again miscarried a female within eighty days of the previous [miscarriage]; or if she miscarried twins. Rabbi Judah says: she brings an offering for the first and not for the second, for the third again but not for the fourth. The following persons bring an offering of higher or lesser value: One who hears the voice (see Leviticus 5:1); One who has broken the word of his lips (Leviticus 5:4); One who while unclean has entered the sanctuary or [has partaken] of holy things, A woman after childbirth And a metzora. What is the difference between [intercourse] with a female slave and the other forbidden sexual relations? For they are not equivalent in regard to the punishment nor the sacrifice. In the case of all other forbidden sexual relations a hatat is brought, in that of a female slave an asham; In the case of the other forbidden sexual relations a female animal is brought, in that of the female slave a male; In the case of the other forbidden sexual relations man and woman are alike with respect to lashes and the sacrifice; in that of the female slave the man is unlike the woman regarding the lashes, and the woman is unlike the man regarding the sacrifice. In the case of all other forbidden sexual relations sexual contact is punishable as well as consummation, and one is liable for each act of intercourse separately. For in this the case of the female slave is more stringent in that intentional transgression is of the same status as unwitting transgression.

Thirteen rulings govern the carrion of a clean bird: There must be intention; It need not be rendered susceptible; It conveys food uncleanness if its minimum bulk is that of an egg; And it conveys uncleanness when in one's gullet if its minimum bulk is that of an olive; He that eats of it must wait until sunset [to be clean]; Guilt is incurred on account of it for entering the sanctuary; Terumah is burned on account of it; He who eats a limb of it while it is alive suffers forty lashes; Slaughtering it or nipping [off its neck] cleanses it even if it is terefah, the words of Rabbi Meir. Rabbi Judah says: they do not cleanse it. Rabbi Yose says: the slaughtering does cleanse it but nipping does not.

I could think that they should be giving lashes for the addition. Rebbi Joḥanan explains the baraita: I could think that one gives lashes for ploughing during the Sabbatical year, but Rebbi Eleazar explains the baraita: I could think that one gives lashes for the first two terms. Some Tannaïm state: Six years you shall sow your field, and six years you shall prune your vineyard; but some Tannaïm state: Your field you shall not sow, etc. He who says six years supports Rebbi Joḥanan; he who says your field you shall not sow supports Rebbi Eleazar. A baraita disagrees with Rebbi Eleazar: Beware of, a prohibition. Lest, a prohibition. And it is written: There, you shall offer your elevation offerings and there you shall make. There, you shall offer, that is the offering; and there you shall make, that is slaughtering and sprinkling. Just as offering is a positive commandment and a prohibition, so slaughtering and sprinkling which are positive commandments should be covered by a prohibition. Because it is written there you shall offer, and there you shall make. Therefore, if there you shall offer, and there you shall make were not written, no positive commandment would allow inferences for a prohibition and no prohibition would allow inferences for a positive commandment. How does Rebbi Joḥanan handle this? That you should not say as you say referring to the Sabbath: If one dug a hole, made a ditch, or dug to put in a pole, he is guilty only of one offense. Similarly, if he slaughtered and offered, he should be guilty only of one offense; therefore, it was necessary to say, he is liable for every single action.

I could think that they should be giving lashes for the addition. Rebbi Joḥanan explains the baraita: I could think that one gives lashes for ploughing during the Sabbatical year, but Rebbi Eleazar explains the baraita: I could think that one gives lashes for the first two terms. Some Tannaïm state: Six years you shall sow your field, and six years you shall prune your vineyard; but some Tannaïm state: Your field you shall not sow, etc. He who says six years supports Rebbi Joḥanan; he who says your field you shall not sow supports Rebbi Eleazar. A baraita disagrees with Rebbi Eleazar: Beware of, a prohibition. Lest, a prohibition. And it is written: There, you shall offer your elevation offerings and there you shall make. There, you shall offer, that is the offering; and there you shall make, that is slaughtering and sprinkling. Just as offering is a positive commandment and a prohibition, so slaughtering and sprinkling which are positive commandments should be covered by a prohibition. Because it is written there you shall offer, and there you shall make. Therefore, if there you shall offer, and there you shall make were not written, no positive commandment would allow inferences for a prohibition and no prohibition would allow inferences for a positive commandment. How does Rebbi Joḥanan handle this? That you should not say as you say referring to the Sabbath: If one dug a hole, made a ditch, or dug to put in a pole, he is guilty only of one offense. Similarly, if he slaughtered and offered, he should be guilty only of one offense; therefore, it was necessary to say, he is liable for every single action.

I could think that they should be giving lashes for the addition. Rebbi Joḥanan explains the baraita: I could think that one gives lashes for ploughing during the Sabbatical year, but Rebbi Eleazar explains the baraita: I could think that one gives lashes for the first two terms. Some Tannaïm state: Six years you shall sow your field, and six years you shall prune your vineyard; but some Tannaïm state: Your field you shall not sow, etc. He who says six years supports Rebbi Joḥanan; he who says your field you shall not sow supports Rebbi Eleazar. A baraita disagrees with Rebbi Eleazar: Beware of, a prohibition. Lest, a prohibition. And it is written: There, you shall offer your elevation offerings and there you shall make. There, you shall offer, that is the offering; and there you shall make, that is slaughtering and sprinkling. Just as offering is a positive commandment and a prohibition, so slaughtering and sprinkling which are positive commandments should be covered by a prohibition. Because it is written there you shall offer, and there you shall make. Therefore, if there you shall offer, and there you shall make were not written, no positive commandment would allow inferences for a prohibition and no prohibition would allow inferences for a positive commandment. How does Rebbi Joḥanan handle this? That you should not say as you say referring to the Sabbath: If one dug a hole, made a ditch, or dug to put in a pole, he is guilty only of one offense. Similarly, if he slaughtered and offered, he should be guilty only of one offense; therefore, it was necessary to say, he is liable for every single action.

“It is written: Any leavened matter you shall not eat, to include Babylonian kutah, and Median beer, and Edomite vinegar, in the admonition. I might think that these are subject to extirpation, the verse says, for anybody who eats leavened bread will be extirpated.“The colleagues asked before Rebbi Jonah: Here it is written any, and there it is written any. Here you are adding but there you are excluding. He told them, there He added eaters but there He added edibles. They objected, was it not stated: “One fulfills his obligation with spiced mazzah, even if it does not taste of grain, on condition that it be mostly grain”. And for these, because they are mostly grain, he should be liable. He told them, there is a difference, for it is written bread, and these are not bread. Rebbi Yose objected, was it not stated that only mazzah is called bread, seven days you shall eat mazzot, the bread of deprivation? But here you infer mazzah from leavened bread? In addition, from the following which was stated: “A person may acquit himself of his obligation with a soaked wafer, or a cooked wafer, as long as it did not lose its shape.” It only says, “as long as it did not lose its shape,” therefore not if it lost its shape. But in the matter of leavened bread you are saying, if he mashed leavened bread and slurped it, he is liable. How is this? Rebbi Yose in the name of Rebbi Idi: Their leavening is not clear leavening. Should he be flogged? Rebbi Jeremiah in the name of Rebbi Eleazar, Rebbi La in the name of Rebbi Simeon ben Laqish: Concerning flogging, he cannot be flogged, as it was stated: On certain leavened bread he is subject to extirpation, for its admixture he receives forty [lashes]. Rav said, that is sour dough. He could have said, that is Babylonian kutah, and Median beer. Rebbi Abun bar Cahana said before Rebbi La: Explain it if leavened bread and mazzah were mixed. Rebbi Yose said, I pointed out a difficulty for Rebbi Abun bar Cahana: Where do we hold? If most of it was leavened bread, he is subject to extirpation. If most of it is mazzah, he could use it to fulfill his obligation on Passover. Rebbi Samuel bar Rav Isaac said, Rebbi Joshua from Ono stated: Explain it if the amount of leavened bread was less than the volume of an olive, following Rebbi Simeon, since Rebbi Simeon said, the most minute amount for flogging.

MISHNAH: Anything eaten of a large bull shall be eaten of the soft lamb, including the ends of the shoulder bone and cartilage. He who breaks a bone of a pure Pesaḥ is whipped forty [lashes]; but he who leaves over of a pure or who breaks of an impure is not whipped forty [lashes].

MISHNAH: Anything eaten of a large bull shall be eaten of the soft lamb, including the ends of the shoulder bone and cartilage. He who breaks a bone of a pure Pesaḥ is whipped forty [lashes]; but he who leaves over of a pure or who breaks of an impure is not whipped forty [lashes].

There, we have stated: “If he slaughtered her, her daughter’s daughter, and afterwards her daughter, he absorbs forty [lashes]. Symmachos said in Rebbi Meïr’s name, he absorbs eighty.” Rebbi Eleazar said, [Symmachos] and Rebbi Joḥanan ben Nuri said the same thing, since we stated there: “Rebbi Joḥanan ben Nuri said, he who copulates with his mother-in-law may be guilty because of his mother-in-law, his mother-in-law’s mother and his father-in-law’s mother. They said to him, all three fall under the same law.” Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Symmachos agrees to the earlier [part of the Mishnah]. If was found stated, it still is in dispute. What is Rebbi Joḥanan ben Nuri’s reason? Since a woman and her daughter and a woman and her daughter’s daughter fall under two separate prohibitions, also a woman and her son’s daughter and her daughter’s daughter fall under two separate prohibitions. What is the reason of the rabbis? Since a woman and her daughter and a woman and her daughter’s daughter fall under one and the same prohibition, also a woman and her son’s daughter and her daughter’s daughter fall under one and the same prohibition.

MISHNAH: When the mixed-up children became adults and manumitted one another they may marry women appropriate for the priesthood, may not defile themselves for the dead, but if they became defiled they do not suffer forty lashes. They may not eat heave, but if they ate they do not have to pay its value and and additional fifth. They cannot attend distributions on the threshing floor; they have to sell their heave, but the money is theirs. They have no part in the Temple sacrifices, one does not give them sacrifices, but one cannot take theirs from them. They are exempt from the foreleg, the chin, and the first stomach. Their firstborn animal should graze until it develops a blemish. One charges them with the disabilities of an Israel and those of Cohanim.

MISHNAH: [A woman] did not wait three months after [the death of] her husband, married, and gave birth, and it is not known whether it is a nine months’ child of the first or a seven months’ child of the second. If she had sons from the first and the second, they perform ḥalîṣah but not levirate. Similarly, he performs ḥalîṣah but not levirate. If he had brothers from the first or from the second not from the same mother, he may perform ḥalîṣah or levirate and they may perform ḥalîṣah or levirate. If one was an Israel and the other a priest, he may marry a woman appropriate for the priesthood, may not defile himself for the dead, but if he became defiled he does not suffer forty lashes. He may not eat heave but if he ate, he does not have to pay its value and additional fifth. He cannot attend distributions on the threshing floor. He has to sell his heave but the money is his. He has no part in the Temple sacrifices, one does not give him sacrifices but one cannot take his from him. He is exempt from the foreleg, the chin, and the first stomach. His firstborn animal should graze until it develops a blemish. One charges him with the disabilities of an Israel and those of Cohanim. If both were Cohanim, he has to mourn intensely for them and they for him. He may not defile himself for them, they may not defile themselves for him. He does not inherit from them but they inherit from him. He is not prosecutable if he injures or curses either one of them. He may serve on the watch of either one but does not participate in distributions. If both were of the same watch, he takes one part.

“If he injured both of them at the same time or cursed them at the same time, he is guilty. Rebbi Jehudah frees him.” Rebbi Joḥanan asked: Is not the argument of Rebbi Jehudah inverted? As we have stated there: “If he ate the volume of an olive of one of them and the volume of an olive of the other, he absorbs eighty [lashes]; Rebbi Jehudah says, he absorbs only forty [lashes].” Rebbi Crispus said, it is not inverted. There, it was in doubt what is forbidden. Here, it was certain but it became doubtful for him. Rebbi Judan asked: If it is so, in case carcass meat was mixed up with slaughtered meat, since it was certain but became doubtful for him, should he be free if he ate it? Rebbi Yose said, Rebbi Jehudah agrees for all other prohibitions that he is (free). But here, Rebbi Jehudah is interpreting verses: “His father,” certain but not uncertain, “his mother”, certain but not uncertain.

“If he injured both of them at the same time or cursed them at the same time, he is guilty. Rebbi Jehudah frees him.” Rebbi Joḥanan asked: Is not the argument of Rebbi Jehudah inverted? As we have stated there: “If he ate the volume of an olive of one of them and the volume of an olive of the other, he absorbs eighty [lashes]; Rebbi Jehudah says, he absorbs only forty [lashes].” Rebbi Crispus said, it is not inverted. There, it was in doubt what is forbidden. Here, it was certain but it became doubtful for him. Rebbi Judan asked: If it is so, in case carcass meat was mixed up with slaughtered meat, since it was certain but became doubtful for him, should he be free if he ate it? Rebbi Yose said, Rebbi Jehudah agrees for all other prohibitions that he is (free). But here, Rebbi Jehudah is interpreting verses: “His father,” certain but not uncertain, “his mother”, certain but not uncertain.

If he is still there, Rebbi Joḥanan said, one warns him about everything for every possible leaving, and he is whipped. Rebbi Eleazar said, he does not accept [warning] unless he leaves and returns. Rebbi Abba said: So did Rebbi Joḥanan answer Rebbi Eleazar: Is it not written, “he shall not come” and “he may not defile himself”? He said to him, if they warned him because of “he shall not come”, he is whipped; because of “he shall not defile himself” he is not whipped. Rebbi Hila said, Rebbi Joḥanan learned from prostrating, as we have stated there: “If he prostrated himself or stayed there long enough to prostrate himself.” Rebbi Mattaniah said, we thought that was where they do disagree? About lashes, but not about a sacrifice. Since Rebbi Hila said, Rebbi Joḥanan learned from prostrating, that means that lashes and sacrifices are one and the same. A Mishnah disagrees with Rebbi Joḥanan: “A nazir who drank wine the entire day is guilty only once.” He explains it, that his throat was never empty. A Mishnah disagrees with Rebbi Joḥanan: “If he was defiling himself for the dead the entire day, he is guilty only once.” He explains it about one who waits before every leaving, who is whipped. A baraita disagrees with Rebbi Joḥanan: If a Cohen was standing in a cemetery and they were handing another corpse to him, could he accept? The verse says, “the husband shall be defiled for his family.” If he accepted it, I could think that he was guilty. The verse says, “to be profaned”. One who adds impurity to the impurity; that excludes him who does not add impurity to his impurity. Rebbi Ze‘ira said, Rebbi Neḥemiah said, “to be profaned”, that excludes him who does not add impurity to his impurity, lest he say, because I became defiled for my father I may go and collect the bones of X. “To be profaned”, at the time of death; Rebbi said, also “in their death.” Rebbi Simeon ben Laqish said, they disagree. It follows that Rebbi Simeon bar Abba follows Rebbi Simeon ben Laqish. When Simeon bar Abba was dying, he said, this should be taken out here, that should be taken out there.

If he is still there, Rebbi Joḥanan said, one warns him about everything for every possible leaving, and he is whipped. Rebbi Eleazar said, he does not accept [warning] unless he leaves and returns. Rebbi Abba said: So did Rebbi Joḥanan answer Rebbi Eleazar: Is it not written, “he shall not come” and “he may not defile himself”? He said to him, if they warned him because of “he shall not come”, he is whipped; because of “he shall not defile himself” he is not whipped. Rebbi Hila said, Rebbi Joḥanan learned from prostrating, as we have stated there: “If he prostrated himself or stayed there long enough to prostrate himself.” Rebbi Mattaniah said, we thought that was where they do disagree? About lashes, but not about a sacrifice. Since Rebbi Hila said, Rebbi Joḥanan learned from prostrating, that means that lashes and sacrifices are one and the same. A Mishnah disagrees with Rebbi Joḥanan: “A nazir who drank wine the entire day is guilty only once.” He explains it, that his throat was never empty. A Mishnah disagrees with Rebbi Joḥanan: “If he was defiling himself for the dead the entire day, he is guilty only once.” He explains it about one who waits before every leaving, who is whipped. A baraita disagrees with Rebbi Joḥanan: If a Cohen was standing in a cemetery and they were handing another corpse to him, could he accept? The verse says, “the husband shall be defiled for his family.” If he accepted it, I could think that he was guilty. The verse says, “to be profaned”. One who adds impurity to the impurity; that excludes him who does not add impurity to his impurity. Rebbi Ze‘ira said, Rebbi Neḥemiah said, “to be profaned”, that excludes him who does not add impurity to his impurity, lest he say, because I became defiled for my father I may go and collect the bones of X. “To be profaned”, at the time of death; Rebbi said, also “in their death.” Rebbi Simeon ben Laqish said, they disagree. It follows that Rebbi Simeon bar Abba follows Rebbi Simeon ben Laqish. When Simeon bar Abba was dying, he said, this should be taken out here, that should be taken out there.

MISHNAH: If a woman had made a vow of nazir but drank wine or defiled herself for the dead, she receives forty [lashes]. If her husband had dissolved her vow but she did not know that he had dissolved her vow when she drank wine or defiled herself for the dead, she does not receive forty [lashes]. Rebbi Jehudah said, if she does not receive forty, let her receive blows of rebelliousness.

MISHNAH: If a woman had made a vow of nazir but drank wine or defiled herself for the dead, she receives forty [lashes]. If her husband had dissolved her vow but she did not know that he had dissolved her vow when she drank wine or defiled herself for the dead, she does not receive forty [lashes]. Rebbi Jehudah said, if she does not receive forty, let her receive blows of rebelliousness.

HALAKHAH: “If a woman had made a vow of nazir,” etc. Biblical whippings are 39 lashes. One evaluates him; if he can stand it, one whips him, if not, one does not whip him. Blows of rebelliousness: one strikes him until he accepts or until he dies.

[I could think that] they should be giving lashes for the addition. Rebbi Joḥanan explains the baraita: I could think that one gives lashes for ploughing during the Sabbatical year, but Rebbi Eleazar explains the baraita: I could think that one gives lashes for the first two terms. Some Tannaïm state: Six years you shall sow your field, and six years you shall prune your vineyard; but some Tannaïm state: Your field you shall not sow, etc. He who says six years supports Rebbi Joḥanan; he who says your field you shall not sow supports Rebbi Eleazar.

[I could think that] they should be giving lashes for the addition. Rebbi Joḥanan explains the baraita: I could think that one gives lashes for ploughing during the Sabbatical year, but Rebbi Eleazar explains the baraita: I could think that one gives lashes for the first two terms. Some Tannaïm state: Six years you shall sow your field, and six years you shall prune your vineyard; but some Tannaïm state: Your field you shall not sow, etc. He who says six years supports Rebbi Joḥanan; he who says your field you shall not sow supports Rebbi Eleazar.

[I could think that] they should be giving lashes for the addition. Rebbi Joḥanan explains the baraita: I could think that one gives lashes for ploughing during the Sabbatical year, but Rebbi Eleazar explains the baraita: I could think that one gives lashes for the first two terms. Some Tannaïm state: Six years you shall sow your field, and six years you shall prune your vineyard; but some Tannaïm state: Your field you shall not sow, etc. He who says six years supports Rebbi Joḥanan; he who says your field you shall not sow supports Rebbi Eleazar.

Rebbi Eleazar said, Symmachos and Rebbi Joḥanan ben Nuri said the same thing, since we stated there: “If he slaughtered her, her daughter’s daughter, and afterwards her daughter, he absorbs forty [lashes]. Symmachos said in Rebbi Meïr’s name, he absorbs eighty.” There, we have stated: “Rebbi Joḥanan ben Nuri said, he who copulates with his mother-in-law may be liable because of his mother-in-law, his mother-in-law’s mother, and his father-in-law’s mother. They said to him, all three fall under the same law.” Rebbi Jehudah bar Pazi in the name of Rebbi Joḥanan: Symmachos agrees with Rebbi Joḥanan. It was found stated: it still is in dispute. What is Rebbi Joḥanan ben Nuri’s reason? Since a woman and her daughter and a woman and her daughter’s daughter fall under two separate prohibitions, also a woman and (her daughter) [her son’s daughter] and her daughter’s daughter fall under two separate prohibitions. What is the reason of the rabbis? Since a woman and her daughter and a woman and her daughter’s daughter fall under one and the same prohibition, also a woman and her son’s daughter and her daughter’s daughter fall the under same prohibition.

MISHNAH: How are plotting witnesses treated? “We testify about this man that he is the son of a divorcee or a woman who had received ḥalîṣah” One does not say that he should be decreed to be the son of a divorcee or a woman who had received ḥalîṣah in his stead, but he is flogged 40 [lashes]. “We testify about this man that he is obligated to go into exile.” One does not say, this one should go into exile in his stead but he is flogged 40 [lashes]. “We testify about this man that he divorced his wife but did not pay her ketubaḥ.” Would he not finally have to pay her ketubah today or tomorrow? But one estimates how much would a man be willing to pay for the ketubah of this woman in case she would be widowed or divorced, but if she died her husband would inherit from her.

MISHNAH: How are plotting witnesses treated? “We testify about this man that he is the son of a divorcee or a woman who had received ḥalîṣah” One does not say that he should be decreed to be the son of a divorcee or a woman who had received ḥalîṣah in his stead, but he is flogged 40 [lashes]. “We testify about this man that he is obligated to go into exile.” One does not say, this one should go into exile in his stead but he is flogged 40 [lashes]. “We testify about this man that he divorced his wife but did not pay her ketubaḥ.” Would he not finally have to pay her ketubah today or tomorrow? But one estimates how much would a man be willing to pay for the ketubah of this woman in case she would be widowed or divorced, but if she died her husband would inherit from her.

MISHNAH: “We testify against this man that he owes another 1’000 denars payable within 30 days” but he says, within ten years. One estimates how much a person would be willing to pay to have 1’000 denars at his disposal to return them after ten years instead of returning them after thirty days. “We testify against this man that he owes another 200 denars” and they are found to be plotting, they are flogged and have to pay since the title which brings him to flogging is not the one which brings him to restitution, the words of Rebbi Ṃeïr. But the Sages say, anybody who pays is not flogged. “We testify against this man that he is liable to be flogged 40 lashes” and they are found plotting, they are whipped 80 because of do not testify against your neighbor as a false witness and because of do to him as he plotted to do to his neighbor, the words of Rebbi Ṃeïr. But the Sages say, they only are flogged 40 times. One distributes money but one does not distribute floggings. How? If they testified that he owes another person 200 denars and were found plotting, one distributes between them. If they testified that he is liable to be flogged 40 lashes and were found plotting, each one of them is flogged 40 lashes.

MISHNAH: “We testify against this man that he owes another 1’000 denars payable within 30 days” but he says, within ten years. One estimates how much a person would be willing to pay to have 1’000 denars at his disposal to return them after ten years instead of returning them after thirty days. “We testify against this man that he owes another 200 denars” and they are found to be plotting, they are flogged and have to pay since the title which brings him to flogging is not the one which brings him to restitution, the words of Rebbi Ṃeïr. But the Sages say, anybody who pays is not flogged. “We testify against this man that he is liable to be flogged 40 lashes” and they are found plotting, they are whipped 80 because of do not testify against your neighbor as a false witness and because of do to him as he plotted to do to his neighbor, the words of Rebbi Ṃeïr. But the Sages say, they only are flogged 40 times. One distributes money but one does not distribute floggings. How? If they testified that he owes another person 200 denars and were found plotting, one distributes between them. If they testified that he is liable to be flogged 40 lashes and were found plotting, each one of them is flogged 40 lashes.

MISHNAH: “We testify against this man that he owes another 1’000 denars payable within 30 days” but he says, within ten years. One estimates how much a person would be willing to pay to have 1’000 denars at his disposal to return them after ten years instead of returning them after thirty days. “We testify against this man that he owes another 200 denars” and they are found to be plotting, they are flogged and have to pay since the title which brings him to flogging is not the one which brings him to restitution, the words of Rebbi Ṃeïr. But the Sages say, anybody who pays is not flogged. “We testify against this man that he is liable to be flogged 40 lashes” and they are found plotting, they are whipped 80 because of do not testify against your neighbor as a false witness and because of do to him as he plotted to do to his neighbor, the words of Rebbi Ṃeïr. But the Sages say, they only are flogged 40 times. One distributes money but one does not distribute floggings. How? If they testified that he owes another person 200 denars and were found plotting, one distributes between them. If they testified that he is liable to be flogged 40 lashes and were found plotting, each one of them is flogged 40 lashes.

MISHNAH: One who eats First Fruits before he recited over them, or most holy sacrifices outside the Temple enclosure, or simple sacrifices or Second Tithe outside of the wall. One who breaks a bone of a pure Passover sacrifice is flogged 40 [lashes]. But one who leaves over of the pure or breaks a bone of the impure is not flogged 40 [lashes].

MISHNAH: One who eats First Fruits before he recited over them, or most holy sacrifices outside the Temple enclosure, or simple sacrifices or Second Tithe outside of the wall. One who breaks a bone of a pure Passover sacrifice is flogged 40 [lashes]. But one who leaves over of the pure or breaks a bone of the impure is not flogged 40 [lashes].

Further said R. Johanan in the name of R. Jose : One chastisement in the heart of a man is better than many lashes ; as it is said, "And she shall run after her lovers, but she shall not overtake them, and she shall seek them, but shall not find them ; then shall she say [in her heart], I will go and return to my first husband ; for then was it better with me than now " (Hos. ii. 9). R. Simeon b. Lakish said : It is better than a hundred lashes ; as it is said, "A rebuke entereth deeper into a man of understanding than a hundred stripes into a fool" (Prov. xvii. 10).

Further said R. Johanan in the name of R. Jose : One chastisement in the heart of a man is better than many lashes ; as it is said, "And she shall run after her lovers, but she shall not overtake them, and she shall seek them, but shall not find them ; then shall she say [in her heart], I will go and return to my first husband ; for then was it better with me than now " (Hos. ii. 9). R. Simeon b. Lakish said : It is better than a hundred lashes ; as it is said, "A rebuke entereth deeper into a man of understanding than a hundred stripes into a fool" (Prov. xvii. 10).

R. Nahman replied. Whose view is this? That of R. Yitzchak, who said that lashes are never inflicted on those who are obligated for karet, as it has been taught: R. Yitzchak says: Those who are obligated for karet are included in the general statement.Why then is karet specially mentioned in the case of [one who has relations with] his sister? To show that she is punished with karet and not with lashes.

R. Nahman replied. Whose view is this? That of R. Yitzchak, who said that lashes are never inflicted on those who are obligated for karet, as it has been taught: R. Yitzchak says: Those who are obligated for karet are included in the general statement.Why then is karet specially mentioned in the case of [one who has relations with] his sister? To show that she is punished with karet and not with lashes.

...[now our Mishnah continues] and [then] there are false witnesses who are not given [this kind of] punishment at all, rather they receive forty lashes. How so? Witnesses testify that this person is a son of a divorcee or a son of a Levirite marriage. We don't say that they [the false witnesses] become like a son of a divorcee or a son of a Levirite marriage, rather they are lashed forty times.

R' Ulah said Where is there a hint to the laws of false witnesses in the Torah? A hint to the laws of false witnesses?? It is written [explicitly] And you shall do to him as he plotted... No, a hint for the forty lashes It is written And you shall exonerate the innocent and condemn the guilty and if the wicked deserves to be beaten because they [the court] exonerated the innocent party and they condemned the guilty party (in a case of civil dispute), the guilty deserve to be beaten?

But it [already] says 'do not bear false witness'. However it is a sin that is not an action, and for a sin that is not an action there is no lashes.

R' Yehudah said in the name of Rav, a false witness pays proportionally. What does proportionally mean? If you say this one pays half and this one pays half, then we've already learnt this! 'We divide money and we don't divide lashes.'

MISHNAH: Witnesses testify this person owes his friend two hundred zuz and they are found to be false, they are lashed and made to pay because the category of lashes is not of payment. These are the words of R' Meir, and the Rabbis say everyone who pays does not receive lashes.

MISHNAH: Witnesses testify this person owes his friend two hundred zuz and they are found to be false, they are lashed and made to pay because the category of lashes is not of payment. These are the words of R' Meir, and the Rabbis say everyone who pays does not receive lashes.

Witnesses testify this person should get forty lashes and are found to be false are lashed eighty times, for 'do not bear false witness' and for 'and you shall do unto him as he wished to do'. These are the words of R' Meir, and the Rabbis say they are only lashed forty times. GEMARA:

There are those that learn that what Ulah taught from what has been taught, 'And ye shall let nothing of it remain until the morning; but that which remaineth of it until the morning' etc. Scripture came to give an action after the forbidden sin, meaning there aren't lashes. These are the words of R' Yehudah.