Deuteronomy 25:21 "That the judge shall cause him to bend over and be
flogged in his presence"
This Positive Mitzvah concerns whipping commandments.
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Negative Mitzvah 300: It is forbidden to give a guilty person a more
severe punishment than he can bear
Deuteronomy 25:2-3 "He shall give him forty lashes; he may not exceed"
Lashing is one of the punishments given by the Beit Din (See Positive
The Torah sets a limit of thirty-nine lashes as the maximum amount a
person may be given for any one sin.
The Torah also commands us to consider the age and health of the
convicted person in order to determine how much pain he can endure.
This Negative Mitzvah forbids the judge to have more lashes or heavier
lashes administered than the flogged person can bear.