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Makos 017: Two sets of Malkus

Noach <[EMAIL PROTECTED]> asked:

When five sets of malkus are established as being the penalty for the
various "transgressions" how do we understand this?  Does it mean literally
195 blows, subject to the medical advice??!!  If it means that the number
is more than 39 or less than the total required is there a "kapporah?"  If
it is that there is a multiple application sentence, is it delivered all
together or over a time after allowing each to heal?

Noach , Israel
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The Kollel replies:

The Mishnah (Makos 22b) writes that if when he is Chayav two Makos  he is
able to sustain even three Makos of the second set of Makos (i.e. three
more than 39) according to the estimate of the court ("Omed"), he gets a
total of 42 Makos and is exempt from further Makos. However, if he is only
able to sustain less than 39, he is first given the first set and then
after he heals he is given a second set (the amount of which is determined
by the Omed of Beis Din).

D. Zupnik

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