TheWholeTorah.aiBeta

Makkos Chapter 3, Mishnah 5: Multiple Malkos for Repeated Acts

Chavrusa Learning
Listen0:00 / 0:00

Makkos, Chapter 3, Mishnah 5. This mishnah deals with several cases in which a person becomes liable to multiple sets of lashes for performing the very same act again and again.

The cases the mishnah lists:

  • "HaKore'ach karchah b'rosho" - one who makes a bald patch on his head. The mishnah does not spell this out, but it refers to someone who does so out of grief over the loss of a family member, and he is liable to lashes. The Gemara brings a beraisa teaching that if he made several bald patches, he is liable for each and every one.

  • "HaMakif pe'as rosho" - literally, making a circle where the sideburns of the head are located: removing the sideburns that separate one side of the head from the other, until the head becomes like a circle. This was how the ancient monks looked, and it can sometimes be seen even today among those who have removed their sideburns entirely, so that no separation remains between the front of the head and the back of the head.

  • "U'mashchis pe'as z'kano" - one who destroys the corners of his beard, and we will examine the details of this below.

  • "V'sharat sritah achas al hames" - one who makes even a single scratch over the loss of a family member is liable.

Regarding the scratches, the mishnah specifies: "Sharat sritah achas al chamishah meisim, o chamesh sritos al meis echad - chayav al kol achas v'achas". That is, whether he made one scratch over five relatives who died, or five scratches over a single deceased person, he is liable to lashes for each of the scratches or for each of the deceased.

Counting the places on the head and on the beard:

  • "Al harosh" - here the mishnah returns to the law of one who rounds off the sideburns of his head: "Shtayim, achas mikan v'achas mikan". He is liable for each of the sides, so that he can receive two sets of lashes for removing the two sideburns.

  • "V'al hazakan" - regarding destroying the corners of the beard: "Shtayim mikan u'shtayim mikan v'achas milmatah" - two on one side of the face, two on the other side, and one at the bottom of the face. There are various opinions as to exactly where these places are located, but the mishnah teaches that there are five places, and one who shaves them in a forbidden manner is liable to separate lashes for each and every one.

The opinion of Rabbi Eliezer:

Rabbi Eliezer says: "Im n'talo kulo k'echas, eino chayav ela achas" - if he removed them all at once, taking a razor and removing them together, he is liable to only one set of lashes, and not like the opinion of the first Tanna that he is liable for each and every one.

"V'eino chayav ad sheyitlenu b'sa'ar":

The first Tanna teaches that one is not liable to lashes unless he removes the hair with a razor, and this excludes two conditions:

  • Destruction: One who removes the hair with scissors is not liable, since scissors do not destroy the way a razor destroys the hair, and therefore they do not constitute a violation of "lo sashchis", of an action that has a destructive character.

  • The manner of shaving: It must be the usual way in which a person removes his beard. Therefore one who removes it with tweezers, or with a rehitni (a plane, one of the tools used to smooth a board), is not liable, since that is not the manner of shaving.

It emerges that only removal with a razor constitutes a violation of the prohibition through an active deed, and therefore he is liable.

Rabbi Eliezer disagrees and says that even if he removed the hair with tweezers or a plane, he is liable, since in his view this too constitutes destruction, and it is also a manner of shaving.

In summary: in this Mishnah we learned the cases in which a person becomes liable to multiple sets of lashes for repeated acts: one who tears out hair in mourning, one who rounds off the corner of his head, one who destroys the corner of his beard, and one who gashes himself over the dead, who is liable for each and every gash and for each and every deceased person. We clarified the count of the places: two on the head and five in the beard, each of which carries lashes of its own; Rabbi Eliezer's view that one who removes them all at once is liable only once; and the conditions of destruction and a manner of shaving, which according to the first tanna are met only with a razor, and according to Rabbi Eliezer even with tweezers or a plane.