Halakhah for Makkot 31:11
א"ל ר' אלעזר היכא א"ל לכי תשכח נפק דק ואשכח דתניא אונס שגירש אם ישראל הוא מחזיר ואינו לוקה ואם כהן הוא לוקה ואינו מחזיר
Rebbi Ellazer asked him, Where is [the other case]? [Rebbi Yochanon] responded to him, when you look for it [you will find it]. He looked hard and found it. For it was taught in a baraisa An Oneiss who divorces his wife, if he is a Yisroel [a non-Kohen] he takes her back and does not recieve malkus. If he is a Kohen, however, [who is forbiden to marry a divorcee,] he is flogged and does not take her back.
Sefer HaChinukh
And this commandment to administer the laws of those that do magic is practiced by males - since it is fitting [for] and it was given to them to administer justice - and not females. And [this is] specifically in the Land of Israel with ordained judges and in a court of twenty three [judges]. And a court that transgresses - it if it has the power to administer justice - has violated this negative commandment, besides that it violated the positive commandment, which is more generally to administer justice against those that are liable. And there are no lashes for this, as there is no act [involved] with it. And we do not give lashes for any negative commandment with which no act is involved - except for one who takes an oath, a rebel, and one who curses his fellow with the name [of God] (Makkot 16a).
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