39 Lashes - Rules

Corporal Punishment - Is it OK or not?

I think that the most significant clarification in the Torah study on Deuteronomy 25:1-3 is the actual rules that go with the limitation of lashing as punishment.

1. The lashing must be done in the presence of the judge
2. The number of lashes must be proportional to the crime
3. The upper limit while being 40 was changed to 39 and also has the added limitation that it can be stopped if deemed to be causing excessive pain and suffering and to insure survival.

It was the Rabbis who changed the law from 40 to 39 for a few reasons. One is that there may be an error in counting and it would be wrong to go over 40 "making a fence around Torah". It was also thought that 40 lashes would be enough to kill a person. The Rabbis added a higher level of sensitivity to the law by changing the number to 39 and emphasizing sensitivity to the rules.

There is the question of what punishment becomes the best incentive for changing behavior? Moral rehabilitation should be the result of punishment. Torture is not OK. Any corporal punishment must be used with sensitivity to this objective.


Researching this passage further via internet I found that there is even a music band by the name of 39 lashes! And Google finds many references to the song in Jesus Christ Superstar!