For the source text click/tap here: Ketubot 35
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Where does the Torah compare one who is Chayav Malkus with one who is Chayav Misah? Abaye answers that there is a Gezeirah Shavah, "Rasha Rasha." With regard to capital punishment the Torah says, "... he is a Rasha who must die" (Bamidbar 35:31). With regard to Malkus the Torah states, "If the Rasha deserves to be beaten..." (Devarim 25:2).
Rava disagrees with Abaye and suggests a different source. The verse uses a form of the word "Makeh" -- "one who strikes" -- both when it discusses one's obligation to compensate for damage he caused to someone else's animal (Vayikra 24:21) and when it discusses the punishment of Malkus (Devarim 25:2).
The usage of the word "Makeh" in the verse of the Hekesh (Vayikra 24:21) teaches that Malkus is included in the Hekesh.
We explore the concept of peshawar and midrash halacha that makes use of this leg theory called “hekesh"
and the biblical vs rabbinic notion of the Rasha specifically the portrayal of Edom in Midrash and some meditations on the four sons….from rabbinic and Hassidic perspectives.