Frequently Asked Questions
Q: What does Deuteronomy 25:3 mean when it says 'forty stripes he may give him'?
A: This verse refers to the maximum number of lashes (malkot) that a Jewish court may administer as punishment for certain sins. The Torah limits it to 40 to ensure the punishment is just and not excessive. According to the Talmud (Makkot 22b), in practice, only 39 lashes are given to avoid accidentally exceeding the limit.
Q: Why does the Torah limit the number of lashes to forty?
A: The Torah limits lashes to forty (in practice, 39) to teach compassion and restraint in punishment. Rashi explains that exceeding this limit would humiliate the person excessively, making them 'vile in your eyes.' The Rambam (Hilchot Sanhedrin 17:1) also emphasizes that the purpose of lashes is correction, not cruelty.
Q: What is the significance of the phrase 'your brother shall be made vile before you'?
A: This teaches that even when administering punishment, we must remember that the sinner is still our 'brother'—a fellow Jew deserving of dignity. The Talmud (Makkot 23a) derives from this that excessive punishment degrades the person, which goes against the Torah’s value of preserving human dignity (kevod haberiyot).
Q: Does this law about lashes still apply today?
A: While Jewish courts no longer administer corporal punishment due to the absence of the Sanhedrin (high court), the principle behind this law remains relevant. The Sefer HaChinuch (mitzvah 595) explains that the lesson of balanced justice and respect for human dignity applies in all eras, even in how we rebuke others today.
Q: What can we learn from Deuteronomy 25:3 about how to treat others?
A: This verse teaches that even when discipline is necessary, it must be measured and respectful. The Midrash (Sifrei Devarim 286) highlights that the Torah calls the punished person 'your brother,' reminding us to maintain love and concern even when correcting wrongdoing. This applies to parenting, teaching, and interpersonal relationships.
The Limit of Forty Lashes
The verse (Devarim 25:3) establishes the maximum punishment of forty lashes for certain transgressions. Rashi explains that the Torah specifies "forty" but in practice, the court administers only thirty-nine lashes. This is derived from the phrasing "forty he may give him," implying a number up to forty but not exceeding it. The Sages (Makkot 22b) further clarify that this precaution ensures no accidental violation occurs if a miscount happens.
Human Dignity and the Prohibition of Excessive Punishment
The latter part of the verse warns against exceeding the prescribed lashes, lest the punished individual be "made vile before your eyes." Rambam (Hilchot Sanhedrin 17:1) emphasizes that the purpose of corporal punishment is correction, not degradation. The Torah safeguards human dignity even in justice. The Talmud (Makkot 23a) states that if the offender appears physically unable to endure the full measure, the court must reduce the lashes further.
The Concept of "Achicha" (Your Brother)
The verse refers to the punished individual as "your brother." The Sifrei (Devarim 285) highlights that this term reinforces the idea that even when administering justice, the transgressor remains a fellow Jew—a member of the community deserving compassion. The Sefer HaChinuch (Mitzvah 595) adds that this language reminds judges and witnesses to view the offender with empathy, ensuring punishment does not become vengeance.
Practical Halachic Considerations