אלו הן הלוקין – not exactly these, for the Mishnah taught and left out many of those who were to be flogged, but since the Mishnah taught those who were liable for extirpation, to teach us that there is flogging with those liable for extirpation, and the Mishnah taught a widow and a divorcee, to teach us that a widow who is also a divorcee is liable upon her two titles. , And it is taught [in Mishnah 2 of this chapter] that eatables forbidden pending the separation of sacred gifts and First Tithe when priest’s due had not been taken, but it doesn’t explain their explicit prohibition clearly, and similarly, property dedicated to the Temple that had not been redeemed, for since the Mishnah taught about property dedicated to the Temple, it taught [about] the Second Tithe, for both of them [are punishable] by flogging because of lack of redemption, and similarly with most of them there is a side that is novel.

נתינה – She is from the Gibeonites, and her flogging is from (Deuteronomy 7:3): “You shall not intermarry with them.”

אלמנה – She became widowed from another man, and she is a divorcee, and one is liable upon her two [sets] of floggings.

משום שני שמות – because of two explicit prohibitions, for both of them are explained in Scripture, and the explicit prohibitions for both of them are stated.

גרושה – and she is a woman released from leviratical marriage, and he is not liable concerning her for two titles, for the woman released from leviratical marriage has no Jewish marriage contract, other than through extension of scope/amplification [of the Biblical passage] we bring it to her, as it is taught in a Baraita: “I don’t know anything about a divorcee other than the divorcee itself; a woman released from leviratical marriage, from where do I know it, as we learn, “and a woman” (Leviticus 18:18).

המפטם את השמן – He who makes oil sample of the anointing out.

והסך בשמן המשחה – that Moses our teacher of blessed memory, made.

אכל טבל – Its explicit prohibition is from (Leviticus 22:15): “But [the priests] must not allow the Israelites to profane the sacred donations that they set aside for the LORD.” The verse speaks of what they will donate in the future.

ומעשר ראשון שלא נטלה תרומתו – and even he is [punished] with death, as it is written (Numbers 18:27): “This shall be accounted to you as your gift. As with the new grain from the threshing floor [or the flow from the vat].”

ומעשר שני שלא נפדה – Second Tithe that became defiled and even if he is in Jerusalem, it is prohibited to eat it until it is redeemed, but a person who eats it in Jerusalem while it is not yet redeemed, is flogged. And its explicit prohibition is from (Deuteronomy 26:14): “I have not cleared out any of it while impure,” whether I am defiled and it is ritually pure, whether I am ritually pure and it is ritually impure. And from where do we learn that Second Tithe which was defiled – that we redeem it in Jerusalem? As it states (Deuteronomy 14:24): “…should you be unable to transport them,” is explained as you are unable to eat it, as it is written (Genesis 43:34): “Portions were served them from the table…”

והקדש שלא נדפה – There is no prohibition written directly, but its explicit prohibition comes from an analogy of [the words] "חטא""חטא" /”sin,” “sin” – from the priest’s due, but even though the All-Merciful (i.e., God), excluded [the words] (Leviticus 22:9): “and they die for it,” but not through religious sacrilege, from death, [Scripture] excluded him, but not from an explicit prohibition.

באוכל נמלה שהוא חייב – because (Leviticus 11:29): “…from among the things that swarm on the earth,” and even though it lacks according to the measure.

אף חטה אחת כברייתה – But the Halakha is not according to Rabbi Shimon. And we don’t call it a creature – other than that which has in it a soul alone.

עד שלא קרא עליהם – “My father was a wandering Aramean, etc.” (Deuteronomy 26:5). But after he recited [the formula/declaration – Deuteronomy 26:5-10] he is not flogged if he eats of it, because it is the money of the Kohen. And these are the words of Rabbi Akiva. But the Sages state: First Fruits, laying them down is indispensable for them, the recitation [of the declaration/formula] is not indispensable. As one who consumes them (i.e., First Fruit) after laying them down in the Temple courtyard, even though he had not yet recited [the formula/declaration], is not flogged. And the Halakha is according to the Sages. And their explicit prohibition is from as it is written (Deuteronomy 12:17): “You may not partake in your settlements of the tithes of your new grain [or wine or oil, or of the firstlings of your herds and flocks….] or of your contributions.” And the Master said: “your contributions” – these are the First Fruits, for the Priest’s Due/Terumah does not require being brought into the Place (i.e., the Temple). And regarding First Fruits also, one is not flogged on them other than if one ate them after they saw the “face” of Jerusalem before they are placed down in the Temple court, but if he ate them outside of Jerusalem prior to their being entered into Jerusalem, one is not flogged.

קדשי קדשים חוץ לקלעים קדשים קלים חוץ לחומה – All of these, their explicit prohibition is from (Deuteronomy 12:17): “You may not partake in your settlements, ….or of any of the votive offerings that you vow…,” for all consumption outside of the fixed place for it is called “eating in your settlements.”

ומעשר שני – it is taught [in the Mishnah] above (Mishnah 2), that impure Second Tithe that was not redeemed, as we have explained. And here, the Mishnah teaches that Second Tithe that is consumed outside the wall [of Jerusalem]. And specifically, that they ate outside the wall after it saw the “face” of Jerusalem is when he is flogged. But the individual who eats Second Tithe outside of Jerusalem before it enters into Jerusalem is not flogged, as it is written (Deuteronomy 12:18): “These you must consume before the LORD our God…” and afterwards (verse 17): “You may not partake in your settlements.”

המותיר – is not flogged, as it is written (Exodus 12:10): “You shall not leave any of it until morning; if any of it is left until morning, you shall burn it.” The verse comes to bring a positive command after a negative command, to state that if you transgressed the negative commandment, you have fulfilled the positive commandment connected with it, and you are not flogged. And furthermore, “you shall not leave any of it” is a negative commandment which lacks a positive commandment [associated with it], and every negative commandment that lacks with it a positive commandment, one is not flogged [for its violation].

השובר – a bone of an impure Passover offering is not flogged, as the All-Merciful (i.e., God) states (Exodus 12:46): “…nor shall you break a bone of it,” with a kosher/fit [sacrifice], not an invalid one.

לוקה ואינו משלם – for Rabbi Yehuda holds that (Deuteronomy 22:7) "שלח תשלח" /”Let [the mother] go” is implied from the outset, and even though, it is written,” let [the mother] go” after (verse 6) “do not take [the mother together with the young],” it is not to say that if you took it, you should let it go, but rather, do not take [the mother] but send her prior to the taking. And this is not a prohibitive law the transgression of which must be repaired by a succeeding [positive] act.

וחכמים אומרים משלח ואינו לוקה – for they hold, “let [the mother] go” after taking, is implied, and it is a prohibitive law the transgression of which must be repaired by a succeeding act. And the Halakha is according to the Sages.

כל מצוה לא תעשה ישי בה קום עשה – for the Torah stated, if you transgressed on the negative commandment, fulfill the positive commandment, such as (Deuteronomy 22:6): “Do not take the mother together with her young.” But if you took it, “let [the mother] go” (verse 7); [and another example] (Deuteronomy 24:10): “[When you make a loan of any sort to your countryman], you must not enter his house to seize his pledge.” But if you seized his pledge, “you must restore the pledge to him” (verse 13). All of these, if he fulfilled the positive commandment, he is not flogged. But if he did not fulfill the positive commandment, such as the case where he took the mother [animal] with her young and slaughtered it or it died, or he took the pledge from his house (i.e. the home of the person who had borrowed something) and it was burned and he cannot fulfill the positive commandment, behold, that person is flogged.

הקורח קרחה – because he is liable for each act of making a bald spot (Tractate Makkot 20a) and for each act of making an incision for a dead person and for every corner of his head that he mars, which is not the case when one eats forbidden fat repeatedly, and because of this, it is taught in our Mishnah, but the rest of the mere negative commandments which lack a novel [lesson], it did not teach.

קרחה – of the dead, as it is written (Deuteronomy 14:1): “or shave the front of your heads because of the dead.” And even though that concerning the Kohanim, it is not written, “on the dead,” we have already learned through an analogy from [the repetition of the word]: "קרחה" "קרחה" (see Leviticus 21:5 –“They shall not shave smooth any part of their heads, or cut the side-growth of their beards, or make gashes in their flesh” together with Deuteronomy 14:1); just as Israelites are commanded because of the dead, so too are Kohanim, and the measure of the “shaving smooth” is the size of a bean.

המקיף את ראשו – He who makes his temples as hairless as the spot back of his ears (Makkot 20b), and his forehead, and even on shaving with scissors where there is no destruction [of the head], he is liable regarding the corner of his head, and specifically on his beard (i.e., “or cut the side-growth of their beards” – Leviticus 21:5 and Leviticus 19:27: “You shall not round off the side-growth on your head”), it is written “destroy” only with a razor, but regarding the corner of the head, [the word] "הקפה"/”rounding” is written (Leviticus 21:5 – “they shall not shave smooth any part of their heads”), in every matter in which he “rounds” – he is liable.

שריטה אחת על חמשה מתים או חמש שריטות על מת אחד – as it is written (Leviticus 19:28): “You shall not make gashes in your flesh for the dead” to be liable for each and every gash and for each and every dead person, and even though there wasn’t anything other than one warning, all five gashes at one time, one is liable [for each and every one].

על הראש שתים – one on the right and one on the left

ועל הזקן שתים מכאן ושתים מכאן – the place of the attachment of the jaw to the bone, one on the right of the chin and the other on its left, and the pointed ends of the chin (i.e., the lower jawbones and the chin proper) in the middle, that makes “three.” And the attachment of the temples from one side and the other makes “five.” The upper cheekbone which is attached to the temples and the lower cheekbone on the right, and the upper cheekbone and the lower cheekbone on the left – these are two from here and two from there, and finally the beard and the hair coming out from it like a spike/ear of corn; therefore, it is called "שיבולת"/like an ear of corn/a spike, that makes “five.”

אינו חייב אלא אחת – for since it is one negative commandment, it is like someone who eats two olives of forbidden fat with [only] one warning.

עד שיטלנו בתער – it refers to the corner of the beard, as it is written [in the Torah] concerning shaving and destroying (Leviticus 19:27 – “nor destroy the side-growth of your beard” and Leviticus 21:5 – “or cut the side-growths of their beards”).

מלקט – an instrument that is made like tongs, to remove the hair.

רהיטני – in the language of the Bible, it is an adze. It is an instrument that a carpenter uses to separate the face of the board.

כתבת קעקע – to scrape with a knife on his skin like letters (i.e., marking the outline of letters by abrasion), and afterwards, he fills in the abrasions with ink or powder used for painting the eye-lids/stibium.

כתב – on his skin with ink or with ink or powder used for painting the eye-lids but he did not scrape with a knife [on his skin] , or he scraped with a knife but did not fill it with ink or powder used for painting the eye-lids, he is not liable.

עד שיכתוב ויקעקע – he took the language of the Bible, as it is written (Leviticus 19:28): “or incise any marks;” writing at the beginning and incision at the end, but always, it is the incision first and the writing afterwards, and the Bible implies this, and the writing within the incision “incise [any marks] on yourselves.”

שיכתוב שם השם – In the Gemara (Makkot 21a) that it is the name of idolatry is mentioned, and that is how the Biblical verse is interpreted: “on yourselves,” the name of idolatry, “for I am the LORD,” and others cannot form a partnership with me, but the Halakha is not according to Rabbi Shimon.

אינו חייב אלא אחת – on what he drank within as much time as is needed for an utterance (i.e., a greeting traditionally understood as the ability to say to his Rabbi, "שלום עליך רבי ומורי" /“peace to you, my teacher and Rabbi”) of a warning, and if there was before him a utensil that contained several quarter Logs of wine (i.e., a Log is equal to the volume of six eggs), and they said to him: “Don’t drink this utensil which has such-and-such measurements for you will be flogged such-and-such floggings, and he is liable for each and every measurement, even though they did not wan him other than once.

והוא פושט ולובש – but not stretching completely, but since he stuck out his head and returned it, he is liable. And in the Gemara (Talmud Makkot 21b), he did not actually stretch out, but delayed between each warning to take it off and to put on [clothing of mixed seeds] , and he is like someone who takes them off and ten once again puts them on, and he is liable for each and every warning.

תלם אחת – one row of a field (when one ploughs one furrow)

וחייב עליו משום שמונה לאוין – and he had been warned on all of them.

והן מקודשים – the ox which is dedicated for sacrifice, and a donkey which is of the offerings of Temple repair (see Mishnah Temurah, Chapter 1, Mishnah 6). And the ox has the negative commandment [associated with it] of (Deuteronomy 15:19): “you must not work your firstling ox,” and regarding the donkey, there is a warning of religious sacrilege and we derive it from the [repetition of the word]: חטא "חטא" – from Priest’s Due/Terumah, and the negative commandment (Deuteronomy 22:10): “You shall not plow with an ox and an ass together.” We have here three negative commandments.

וכלאים בכרם – on account that he ploughs, he covers up the wheat and barley and pomace of kernels (or shell of grapes) in the dust, and transgresses because of [the Biblical verse] (Deuteronomy 22:9): “You shall not sow your vineyard with a second kind of seed,” and we have established that he who covers up mixed seeds is flogged, and even though he did not sow them, but ploughs dust on them, that is four negative commandments. But Maimonides thought that mixed seeds in a vineyard is two negative commandments: one because of mixed seeds, which are two kinds of seeds – wheat and barley, and one because of mixed seeds in a vineyard because of the shell of grapes, but the Holy Things of an ox and a donkey are not considered other than being one negative commandment.

שביעית – (Leviticus 25:4): “A sabbath of the LORD: you shall not sow your field…”

ויו"ט – (Leviticus 23:36): “You shall not work at your occupations” (see also: Leviticus 23: 7,21,25 for similar usage of this phrase).

כהן ונזיר – and he is in a cemetery, and he is transgressing (Leviticus 21:2): “None shall defile himself for any [dead] person among his kin” that is mentioned in [the chapter of the laws concerning] the Kohanim (Leviticus chapter 21)., and (Numbers 6:6): “He shall not go in where there is a dead person” which is stated in regard to the Nazirite (Numbers, chapter 6).

אף הלובש כלאים – at the time when he is ploughing.

אינו מן השם – the negative of commandment of wearing [garments made] of mixed seeds is not for the one who ploughs a furrow.

אף כהן ונזיר – which is considered a negative commandment, is not for ploughing, but for walking to an impure place. However, the first Tanna considers them included in the negative commandments of the person who ploughs a furrow, because he cannot plow with oxen other than if he walks with them and leads them.

מנין שהוא סמוך לארבעים – that causes to say afterwards “forty,” which is thirty nine. If the Torah had written: “Forty in number,” I would think that forty is the number. Now that it is written (Deuteronomy 25:2-3): “by count” (verse 2) and “Up to forty” (verse 3), it is the number that causes one to say after it “forty,” that is, “thirty-nine.”

והיכן הוא לוקה את היתירה – that is not worthy to be divisible by three, for thirty-nine is worthy of being divided by three, one third in his front, and two thirds – one on this shoulder and one on the other shoulder. And this of forty – how would he flog it?

בין כתפיו – But the Halakha is not according to Rabbi Yehuda.

אין אומדין אותו וכו' – for all who are flogged in the Jewish court, it was necessary to estimate at the beginning so that he would not die as a result of the beatings, since it is written (Deuteronomy 25:3): “He may be given up to [forty lashes], but not more, lest being flogged further” for if he must lessen it, they lessen it.

אלא במכות הראויות להשתלש – and we never add to the estimate.

אמדוהו לקבל ארבעים – minus one, but he used the language of the Bible.

אמדוהו אומד אחד – for two sets of floggings, such as they estimated for him to receive forty-two [floggings].

ואם לאו – that they only estimated for him to received only for one set of floggings.

על העמוד – which is stuck in the ground upright and tall in order to lean upon it.

וחזן – the sexton who is the agent of the Jewish court.

נפרמו – the threads of the seam were torn.

מאחוריו – of the person being flogged.

ורצועה של עגל – as it states (Deuteronomy 25:3): “He may be given up to forty lashes” and near it (Deuteronomy 25:4): “You shall not muzzle an ox while it is threshing.”

כפולה לשנים ושנים לארבעה – four straps sewed on one top of the other.

ושתי רצועות – thin of a donkey

עולות ויורדות בה – like the horse-cover of a saddle, and the reason is because it is written (Isaiah 1:2): “An ox knows its master, an ass its master’s crib; [Israel does not know, My people takes no thought].” God said (Makkot 23a) that a person who recognizes his master’s crib should settle with him who does not recognize his master’s crib.”

ידה טפח – the handle that the strap is hanging from, is the length of a hand-breadth.

ורחבה – of the strap of the calf is a hand-breadth.

וראשה מגעת על פי כריסו – for that reason, there must be in the handle of the strap a hole, that the sexton who flogs can lengthen or shorten the strap as he wishes, for we do not flog a person other than with a strap whose head reaches the belly which is his navel.

שליש מלפניו – as it is written (Deuteronomy 25:2): “and be given lashes in his presence, [by count] as his guilt warrants” – “in his presence (i.e., in his front) as his guilt warrants” – one, and from his back – two. מלפניו – on his heart. מאחריו – one-third on this shoulder and one-third on the other shoulder.

מכה בידו אחת – but when he lifts the strap, he lifts it with his two hands.

כבל כחו – as it is written (Deuteronomy 25:3): “to excess, [your brother be degraded before your eyes].”

והקורא קורא – as it is written (Leviticus 19:20): “there shall be indemnity; [they shall not, however, be put to death…”through reading it shall be, for we read about him (Deuteronomy 28:58): “If you fail to observe faithfully [all the terms of this Teaching that are written in this book]…etc.” The greatest of the judges reads [the Biblical text of Deuteronomy 28:58-59) and the one next to him counts and the third states after each beating [what has occurred]. And it is a Mitzvah upon the reader to shorten and to complete the Biblical verses following the flogging, and if he didn’t shorten, he returns and reads it a second time and hurries to read and to complete when the flogger completes his floggings (Makkot 23a).

ואם מת תחת ידו פטור – because he beats him with permission

הוסיף לו – such as the case where he made an error in the counting.

נתקלקל – as a result of the beatings, feces came out.

פטור – as it is written (Deuteronomy 25:3): “your brother be degraded before your eyes,” for he became degraded when he became soiled.

ואשה אף במים – since her shame is greater. And the Halakha is not according to Rabbi Yehuda.

נפטרו מידי כריתתן – if they did returned in repentance.

העושה מצוה אחת על אחת כמה וכמה – there are those who interpret this – that it is speaking of all those who are liable for extirpation who were flogged, for whomever accepted upon himself the judgement and performed a Mitzvah when he was flogged, all the more so that his soul will be saved for him and that he will be exempt from extirpation, for he has one good measure [in his favor] over and above the measure for retribution. And there are those who interpret that this is for itself – to inform the giving of reward [for the performance] of the commandments, all the more so, from the punishment for transgressions.

ממקומו הוא למד – from those liable for extirpation, that we speak about them we learn that he who sits and does not commit a sin, we credit him for a reward as one who performs a Mitzvah (see Mishnah Avot, Chapter 2, Mishnah 2), as it is written concerning the laws of incest (Leviticus 18:29): “such persons shall be cut off [from their people].” And it states (Leviticus 18:5): “[You shall keep My laws and My rules,] by the pursuit of which man shall live: [I am the LORD].” And near it (verse 6): “None of you shall come near anyone of his own flesh [to uncover nakedness: I am the LORD].” Behold that a person who sits and does not uncover the nakedness [of one of his forbidden relations], the Written Torah calls him that he has performed a Mitzvah, and it is written concerning him (verse 5), “of which a man shall live.” In the same manner that [the Torah] punishes with extirpation for someone who commits a transgression, and this specifically regarding one who has the opportunity to sin and he conquers his [negative] impulse and doesn’t do it, is like Joseph the Righteous and others like him.

לפיכך הרבה להם תורה ומצות – such as the portions of forbidden animals and reptiles (i.e., all kinds of forbidden foods – see Mishnah Sanhedrin Chapter 8, Mishnah 2 and Mishnah Niddah Chapter 3, Mishnah 2), in order to increase the reward when they abstain from them, for even though without that, they would not eat them since the soul of man detests them.

למען צדקו – to make the Jewish people virtuous and to make them worthy [of Divine favor].