*21.1 Makkos Daf 13 B (10 lines Up)*

*21.1 Makkos Daf 13 B (10 lines Up)*Rabbi Yishmael: There is _malkos_ even for _chayvei misah._Rabbi Akiva: Only _kerisus_ -level prohibitions are liable for _malkos._Rabbi Yishmael holds that every _lav_ is punishable by _malkos_ and although there is only one penalty for each act of wickedness, _malkos_ and _misah_ are considered one punishment.According to Rabbi Akiva _malkos_ and _misah_ or _kareis_ are considered two penalties, yet there are _pesukim_ that teach that there is _malkos_ in addition to _kareis._*Summary**Rava:* No one holds that malkos is given in addition to _misah._ The debate between Rabbi Yishmael and Rabbi Akiva is only in a case where _misah_ cannot be administered because there was no _hasra’ah_ for capital punishment.The witnesses *only warned the criminal that his crime is punishable by _malkos._* According to *Rabbi Yishmael,* when the Torah warns about misah, *_malkos_ is included. Rabbi Akiva* holds that if the Torah warns about misah, *_malkos_ is not applicable.**Challenge:* According to Rabbi Akiva, *why is _malkos_ applicable* where the Torah warns about *_kareis?_**Rav Mordechai to Rav Ashi: Avimi of Hagronia* explained it thus in the name of *Rava:* In order to give _kareis,_ a _lav_ is not necessary, as in the case of *Pesach and Milah,* so the presence of a_lav_ *indicates a liability of _malkos_ .* See acast.com/privacy for privacy and opt-out information. This podcast has been graciously sponsored by JewishPodcasts.fm. There is much overhead to maintain this service so please help us continue our goal of helping Jewish lecturers become podcasters and support us with a donation: https://thechesedfund.com/jewishpodcasts/donate