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Text Excerpt
רב פפא אמר: מאי ״בעל לוקה״ דקתני התם — ממון. וקרי ליה לממון מלקות? אין, והא תנן: ״האומר חצי ערכי עלי״ — נותן חצי ערכו. רבי יוסי ברבי יהודה אומר: לוקה ונותן ערך שלם. לוקה אמאי? אמר רב פפא: לוקה בערך שלם.
Rav Pappa said: What of the statement that is taught there, in the baraita, that it is only if he had sex with her that he is flogged? It is referring to the money of the fine. The Talmud asks: And does one call monetary payment flogging? The Talmud answers: Yes, and we learned in a baraita: One who says: Half my valuation is upon me, he gives half his valuation, in accordance with the sum fixed by the Torah according to sex and age (see Leviticus 27:2–3). R' Yosei, son of R' Yehuda, says: He is flogged and gives his full valuation. The rabbis inquired: Why is he flogged? What transgression did he commit? Rav Pappa said: He is flogged by having to pay a full valuation. This proves that monetary payment can be referred to as flogging.
מאי טעמא — גזירה ״חצי ערכו״ אטו ״ערך חציו״. ו״ערך חציו״ הוי ליה אבר שהנשמה תלויה בו.
The Talmud clarifies: What is the reason of R' Yosei, son of R' Yehuda? It is a rabbinic decree in the case of one who vows to donate half of his valuation, due to a case where one vowed the valuation of half of himself. And one who vows to donate the valuation of half of himself has effectively vowed to donate the valuation of a limb upon which his life depends, e.g., his head or heart, in which case it is as though he vowed to donate his entire valuation. Consequently, even one who vows to donate half of his valuation must donate his entire valuation.
תנו רבנן: ״וענשו אותו״ — זה ממון, ״ויסרו״ — זה מלקות.
§ The Talmud continues to discuss the halakhot of the defamer. A baraita states the following baraita, based upon the following verses: “And the Elders of that city should take the man and chastise him. And they should fine him 100 shekels of silver, and give them to the father of the young woman” (Deuteronomy 22:18–19). “And they should fine [ve’anshu] him”; this is referring to money. “And chastise him”; this is referring to flogging.