כִּי יִהְיֶה רִיב בֵּין אֲנָשִׁים וְנִגְּשׁוּ אֶל הַמִּשְׁפָּט וּשְׁפָטוּם וְהִצְדִּיקוּ אֶת הַצַּדִּיק וְהִרְשִׁיעוּ אֶת הָרָשָׁע. וְהָיָה אִם בִּן הַכּוֹת הָרָשָׁע וְהִפִּילוֹ הַשֹּׁפֵט וְהִכָּהוּ לְפָנָיו כְּדֵי רִשְׁעָתוֹ בְּמִסְפָּר. אַרְבָּעִים יַכֶּנּוּ לֹא יֹסִיף פֶּן יֹסִיף לְהַכֹּתוֹ עַל אֵלֶּה מַכָּה רַבָּה וְנִקְלָה אָחִיךָ לְעֵינֶיךָ.
If there be a controversy between men, and they come unto judgment, and the judges judge them, by justifying the righteous, and condemning the wicked, then it shall be, if the wicked man deserve to be beaten, that the judge shall cause him to lie down, and to be beaten before his face, according to the measure of his wickedness, by number. Forty stripes he may give him, he shall not exceed; lest, if he should exceed, and beat him above these with many stripes, then thy brother should be dishonored before thine eyes.
- 'Then your brother should be dishonored before your eyes' (Deut.25.3): Once he has been beaten, he is [again] your brother. Hence the Sages have said: As soon as those who are liable to the penalty of excision are beaten, they are immediately released from this liability. R. Hananiah ben Gamliel says: All along Scripture calls him wicked, as it is said, 'Then it shall be, if the wicked man deserve to be beaten' (Deut. 25.2), but once he had been beaten, it calls him 'your brother' as it says, then your brother should be dishonored.-Sifre Deut. 286
Israel hath sinned. R. Abba b. Zabda said: Even though [the people] have sinned, they are still [called] 'Israel'.2 R. Abba said: Thus people say, A myrtle, though it stands among reeds, is still a myrtle, and it is so called.
When [the convert] comes up after his ablution he is deemed to be an Israelite in all respects. What is the practical consequence of this? In that if he retracted [his conversion and returned to his previous religious affiliation] he is regarded as an Israelited meshumad and his betrothal is valid.