In Talmudic Law
Talmudic law not only made detailed provision for the manner in which floggings were to be carried out, but also altered the concept of the biblical punishment; the maximum of 40 lashes was reduced to 39 (Mak. 22a), so as to avoid the danger of exceeding 40 even by mistake; and the offenses which carried the punishment of flogging were exactly defined, depriving it of its character as a residuary and omnibus punishment. The number of 39 lashes became the standard rather than the maximum number; but in order to prevent death by flogging – which would amount to a violation of the biblical injunction of "not more" than flogging – the person to be flogged was first physically examined in order to determine the number of lashes that could safely be administered to him (Mak. 3:11). Where, as a result of such examination, less than 39 lashes were administered, and it then turned out that the offender could well bear more, the previous estimate would be allowed to stand and the offender discharged (Maim. Yad, Sanhedrin 17:2). But the offender would also be discharged where physical symptoms manifested themselves during the course of the flogging, so that he would not be able to stand any more lashes, even though on previous examination he had been found fit to stand more (ibid. 17:5). It also happened that as a result of such examination, floggings were postponed for another day or later, until the offender was fit to undergo them (ibid. 17:3).
http://www.jewishvirtuallibrary.org/jsource/judaica/ejud_0002_0007_0_06574.html
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