The Torah in Parashat Ki-Teseh introduces the obligation of "Malkut" – the lashes given to sinners who are found guilty of certain transgressions. In the times of the Sanhedrin (highest Rabbinical court in Jerusalem), there were courts with the authority to administer corporal punishment, and those who were convicted of certain Biblical violations were given "Malkut."

The Torah states explicitly that an individual deserving of this punishment receives forty lashes – "Arba'im Yakenu" (25:3). The Sages, however, understood that the Torah's intent is that the sinner receives thirty-nine lashes, and not forty. The Gemara (Makkot 22b) inferred this reduction from the juxtaposition between this verse and the preceding verse, which concludes with the words "Be'mispar" (literally, "in the number"). This word, together with the words "Arba'im Yakenu," form the phrase "Be'mispar Arba'im Yakenu," which can be read to mean "he shall strike him in the number that leads to forty," referring to thirty-nine.

The question, however, obviously arises as to why the Torah did not simply write that the sinner receives thirty-nine lashes. Why did it formulate this law in a manner which clearly indicates forty lashes, and only through a subtle allusion instructs reducing this number to thirty-nine?

An insightful answer to this question is given by the Maharal of Prague (d. 1609), in his Gur Aryeh. He explains that it is appropriate for a sinner to receive forty lashes, because sin contaminates a person's being, which was formed in forty days. The fetus takes form over the course of the forty-day period following conception, and thus forty is associated with the human being's creation. As sin undermines the very purpose for why we were created, a sinner must be punished once for each day of his formation, for a total of forty lashes. However, the Maharal writes, a person's essence is comprised of two elements – the body and the soul. A person's physical properties take form during the thirty-nine days after conception, whereas the soul enters at the very end of this process, on the fortieth day. Now each morning, in the "Elokai Neshama" blessing, we proclaim that the soul which Hashem has given us is pristinely pure ("…Neshama She'natata Bi Tehora Hi"). Even if a person commits the gravest sins, his soul remains perfectly pure. It is the body that commits the sin; the soul is merely an unwilling participant, so-to-speak, "dragged" into the act of sin due to its being bound together with the body. Fundamentally, the soul needs to be punished, too, because of its involvement in the process of wrongdoing, by virtue of its connection to the body. However, after the sinner receives thirty-nine lashes, his entire physical being is cleansed. These thirty-nine lashes atone for the contamination of his body which was formed during the thirty-nine days after conception. And thus, at this point, there is no reason for the soul to be punished. The soul deserved punishment only due to its association with the body that had committed the wrongful act, and so once the body has been renewed through the thirty-nine lashes, there is no longer a need for the fortieth lash, which would serve to atone for the soul.

This is why, the Maharal explains, the Torah writes that the sinner receives forty lashes, whereas in truth he receives only thirty-nine. At the outset, he requires forty lashes, because even the soul deserves punishment due to its connection to the body, which committed the act. But in practice, once the sinner receives thirty-nine lashes, there is no longer any reason to administer the fortieth, which corresponds to the soul, since the thirty-nine lashes had cleansed the body, and it was only on account of the body's guilt that the fortieth lash was needed.

I believe there is a critical message being conveyed by this Halacha, as understood by the Maharal. When the sinner is brought to the court to receive his punishment, he is shown that his soul remains pure despite his wrongdoing. His sentence is reduced by one because his pure, sacred soul was not tainted by his mistake. The purpose of the Torah's punishments is not to destroy the sinner, but to the contrary – to motivate him to grow and change. To this end, he is told that he will not receive any lashes corresponding to his soul, because no matter what he did wrong, his soul remains holy and untarnished. Knowing that he still possesses a sacred soul, the sinner will be encouraged to change and refrain from wrongdoing in the future.

One of the greatest obstacles to Teshuba is the feeling that it's too late, that we're too tainted, that we've fallen too low to recover. The thirty-nine lashes show us that there's a part of us that can never be tainted, a spark of goodness and holiness within our beings that will always remain pristinely pure no matter what mistakes we have made. Although we at times fail, we must feel confident in our inherent G-dliness, in the element of Kedusha within our beings that assures our ability to improve and return to Hashem.

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Parashat Ki Teseh- The Sinner’s Pristinely Pure Soul