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Rav Sheises anwered, It is not a contradiction. [Our mishna which says that he is still flogged] is where they reexamined him on the same day. [The baraisa, however, which says that he is exonerated] is referring to where he was reexamined the following day or the day after.

Rav Sheises said, it is not a contradiction. Here is where they evaluated him to be able to withstand forty-one lashes [which would be rounded down to thirty-nine - only one set]. Here is where they evaluated him to be able to withstand forty-two lashes [which would include three of the second set as well].

Rav Sheises says in the name of Rebbi Elazar ben Azaryah, From where do we know that the strap should be of calfskin? That the Torah says (Deuteronomy 25,3) "Forty you should hit him" and next to it, (Deuteronomy 25,4) "Do not muzzle an ox while it's threshing.".

And Rav Sheises also said in the name of Rebbi Elazar ben Azaryah, From where do we know that a yevama who falls to one with blisters, that we do not "muzzle" her? That the Torah says (Deuteronomy 25,4) "Do not muzzle an ox while it's threshing." and next to it, (Deuteronomy 25,5) "When two brothers dwell together. etc."

And Rav Sheises also said in the name of Rebbi Elazar ben Azaryah, Anyone who disgraces the holidays is like one worships idolatry, as the Torah says, (Exodus 34,17) "You shall make so no molten gods" and next to it (Exodus 34,18) "The holiday of the matzos you should observe".

And Rav Sheises also said in the name of Rebbi Elazar ben Azaryah, Anyone who tells over Lashon Hara and anyone who accepts Lashon Hara, and anyone who gives false testimony is fit to be thrown to the dogs as the Torah says, (Exodus 22, 30) "To the dogs you should throw it" and next to it (Exodus 23,1) "Do not bear a false report etc." Read it also "Do not cause to be accepted.

And two straps. etc.: It was taught in a baraisa, of donkey.... As a certain Galelien expounded to Rav Chisdah. (Issiah 1,3) The ox knows its master and the donkey knows its master's trough. Isreal does not know etc." Hashem says let the one who recognizes his master's trough come and exact punishment from the one who does not recognize his master's trough.

We flog him etc.: From where do we know these words [that one third are on the front]? Rav Kahana said. That the Torah says, (Duetermony 25,2) "And the judge shall cast him down and flog him in front according to his wickedness in number." One wickedness is on his front, and two wickedness are on his back.

We do not flog him etc.: Rav Chisdah said in the name of Rebbi Yochanon, From where do we know that the strap is doubled? That the Torah says "And he shall cast down". But that is needed for itself. [to teach that the sinner should be bent over.]? If so than the Torah should have written "bend over" what does "cast over" mean? Learn from here both things.

But it was taught in a different baraisa, Rebbi Yehuda says, both a man and a woman [are exempt] with excrement? Rav Nachman bar Yitzchak answered,... [The second baraisa means that] both of them are equal with regards to excrement....

GEMARA: Rabbi Yochanon says, Rabbi Chananya ben Gamliel's colleagues disputed what he had said. Rav Adda bar Ahava said in the name of the school of Rav, "We learned in a Mishna, there is no difference between Shabbos and Yom Kippur besides for that one is punishable by man and one is punishable with kares" Now if this is true [that malkus works in place of kares] then both are punishable by man?

GEMARA: Rabbi Yochanon says, Rabbi Chananya ben Gamliel's colleagues disputed what he had said. Rav Adda bar Ahava said in the name of the school of Rav, "We learned in a Mishna, there is no difference between Shabbos and Yom Kippur besides for that one is punishable by man and one is punishable with kares" Now if this is true [that malkus works in place of kares] then both are punishable by man?

Rav Nachman (bar Yitzchak) says, Who is this tanna? Rabbi Yitchak who says that there is no kares by liabilities of malkus, that we learned in a baraisa, Rebbi Yitzchak says, Liabilities of kares are included in the punishment of malkus, and why was kares bachoso singled out? To punish him with kares alone but not malkus.

Rav Ashi says, You can even say that the tanna is the Rabbis, only that this one's main punishment is through man and this one's main punishment is through heaven.

Rav Adda bar Ahava says in the name of Rav, The halacha is like Rabbi Chanania ben Gmaliel. Rav Yosef asked, Who went up to heaven, returned and said this? Abaye responded, rather it's like that which Rebbi Yehoshua ben Levi said, Three things that Beis Din shel mattah [court] did that Beis din shel malleh [the heavenly court] agreed to. Who ascended returned and told us? Rather we expounded verses, so too here we expound verses.

Rav Adda bar Ahava says in the name of Rav, The halacha is like Rabbi Chanania ben Gmaliel. Rav Yosef asked, Who went up to heaven, returned and said this? Abaye responded, rather it's like that which Rebbi Yehoshua ben Levi said, Three things that Beis Din shel mattah [court] did that Beis din shel malleh [the heavenly court] agreed to. Who ascended returned and told us? Rather we expounded verses, so too here we expound verses.

Rav Adda bar Ahava says in the name of Rav, The halacha is like Rabbi Chanania ben Gmaliel. Rav Yosef asked, Who went up to heaven, returned and said this? Abaye responded, rather it's like that which Rebbi Yehoshua ben Levi said, Three things that Beis Din shel mattah [court] did that Beis din shel malleh [the heavenly court] agreed to. Who ascended returned and told us? Rather we expounded verses, so too here we expound verses.

Bringing maiser, as it is written (Malachi 3,10) "Bring all of the maiser to the storehouses, that there be food in My house, and test me now in this says Hashem, the master of legions, if I do not open up for you the windows of heaven and shower you with blessing until you are weary with enough". What does it mean "until you are weary with enough"? Rami bar Rav said, Until your lips grow weary from saying "enough".

Rebbi Simlai expounded, Six hundred and thirteen mitzvos were told to Moshe. Three hundred and sixty five prohibitions in accordance with the days of the sun. And two hundred and forty eight positive commandments in accordance with the limbs of a person. Rav Hamnunya said what is the meaning of the verse (Deuteronomy 33,4) "Moshe commanded us a law ("Torah"), an inheritance"? "Torah" has a numerical value of

"And speaks truthfully in his heart", like Rav Safra.

Yeshaya returned and established these on two, as it is said (Issiah 56,1) "So says, God, guard justice, and do righteousness". Amos came and established these on one, as it is said (Amos 5,4) "Thus said Hashem to the house of Israel: Seek me Me, and live." Rav Nachman bar Yitzchak challenged this, maybe it means to seek out the entire Torah? Rather, Chabakuk came and established these on one as it said (Habakkuk 2,4) "The righteous shall live by his faith."

Rav said, I am worried from that verse, "and you will become lost among the nations". Rav Pappa challenged him, Perhaps, it refers to a lost article that one searches for, as it is written, (Psalms 119, 176) "I have gone astray like a lost sheep; seek your servant". Rather, [Rav was worried] from the later part of the verse. (Leviticus 26,38) "And you will be consumed in the land of your enemies". Mar Zutra challenged him, Perhaps it refers to the eating of cucumbers and gourds [which still survive after some of them are consumed].

Rav said, I am worried from that verse, "and you will become lost among the nations". Rav Pappa challenged him, Perhaps, it refers to a lost article that one searches for, as it is written, (Psalms 119, 176) "I have gone astray like a lost sheep; seek your servant". Rather, [Rav was worried] from the later part of the verse. (Leviticus 26,38) "And you will be consumed in the land of your enemies". Mar Zutra challenged him, Perhaps it refers to the eating of cucumbers and gourds [which still survive after some of them are consumed].

Rav said, I am worried from that verse, "and you will become lost among the nations". Rav Pappa challenged him, Perhaps, it refers to a lost article that one searches for, as it is written, (Psalms 119, 176) "I have gone astray like a lost sheep; seek your servant". Rather, [Rav was worried] from the later part of the verse. (Leviticus 26,38) "And you will be consumed in the land of your enemies". Mar Zutra challenged him, Perhaps it refers to the eating of cucumbers and gourds [which still survive after some of them are consumed].