Makkos Daf 20 מאקוס דַף 20

The next Mishnah lists malkus for הקורח קרחה בראשו – one who makes a bald spot on his head in mourning the dead, one who “rounds” his פיאות, one who destroys the corner of his beard, and one who cuts his flesh in anguish over the dead. Two pesukim prohibit making a bald spot for the dead, one about Kohanim and the other about ישראלים. A gezeirah shavah (קרחה קרחה) compares the two for three laws: (1) just as with Kohanim, one is liable separately for each bald spot, (2) וחייב על הראש כבין העינים – and is liable for a bald spot anywhere on the entire head like between the eyes (since it says "בראשם" – on their heads), so too a Yisroel is liable for each bald spot, and anywhere on the head (although it says “between the eyes”). (3) Just as a Yisroel’s prohibition is only for making a bald spot over the dead, the Kohanim’s prohibition is as well. The Gemara clarifies that the case of multiple מלקות is not where he made bald spots one after the other after separate התראות, which would be obvious, nor after a single התראה, where he would not receive multiple מלקות. Rather, the case is where he put hair-removing cream onto five fingers, and placed them on five spots on his head at once.

A Baraisa defines rounding פיאות ראשו – the corners of his head as סוף ראשו – the edge of his head, meaning he evens the hairline of his temples with the hair behind his ear and his forehead. Someone taught a Baraisa before Rav Chisda: אחד המקיף ואחד הניקף לוקה – both the one who rounds the פיאות and the one receiving the rounding receive malkus. Rav Chisda objected: מאן דאכיל תמרי בארבילא לקי – does one who eats dates from a sieve receive malkus?! The one whose פיאות were rounded did not commit any act!? Three answers are given: (1) The Baraisa is Rebbe Yehudah, who holds one is לוקה for a לאו שאין בו מעשה. (2) Rava says the case is one who rounds out his own פיאות, and is liable twice for this act, as a מקיף and as a ניקף. (3) Rav Ashi says: במסייע ודברי הכל – the case is with one who proactively assists in his פיאות being rounded, thereby committing a physical act, and thus it agrees with everyone’s opinion.

A Baraisa states that had the Torah only written "ושרט" – and a cut, the prohibition might have included cutting oneself over the loss of his house or ship. Therefore, the Torah wrote "לנפש" – for a [departed] soul, teaching: אינו חייב אלא על המת בלבד – one is only liable for cutting himself from anguish over a dead person. If one makes five cuts in his flesh over one dead person, he is liable for each cut, because the extra word "ושרט" teaches: לחייב על כל שריטה ושריטה – to make him liable for each and every cut.

Rebbe Yose says that one who makes a single cut for five dead people receives five sets of malkus, because the word "לנפש" – for a soul teaches: לחייב על כל נפש ונפש – to make him liable for each and every soul over whom he cut himself. The Gemara objects that "לנפש" was darshened above to exempt one who cuts himself for losses other than a death!? It answers that Rebbe Yose holds that the "שריטה" prohibition in ויקרא and the "גדידה" prohibition in דברים are identical; thus, he derives from the word "למת" written regarding גדידה that cutting is only forbidden for the dead. Other Tannaim hold that שריטה is cutting by hand, and גדידה is cutting with an implement.