(2) Instigators to or procurers of murder; such, for instance, as had the deed committed by the hands of a hireling. (3) Accessories to loss of life, as, for instance, when several persons had clubbed one to death, and the court could not determine the one who gave the death blow. (4) Persons who having been twice duly condemned to and punished with flagellation for as many transgressions of one and the same negative precept, committed it a third time. (5) Incorrigible offenders, who, on each of three occasions, had failed to acknowledge as many warnings antecedent to the commission of one and the same crime, the original penalty for which was excision.[67] _Flagellation_ is the only corporal punishment mentioned by the Pentateuch. The number of stripes administered were not to exceed forty and were to be imposed in the presence of the judges.[68] Wherever the Mosaic Code forbade an act, or, in the language of the sages, said "Thou shalt not," and prescribed no other punishment or alternative, a Court of Three might impose stripes as the penalty for wrongdoing. Mendelsohn gives the following classification: Flagellation is the penalty of three classes of offenses: (1) The violation of a negative precept, deadly in the sight of heaven. (2) The violation of any negative precept, when accomplished by means of a positive act. (3) The violation of any one of the prohibitive ordinances punishable, according to the Mosaic law with _excision_, to which, however, no capital punishment at the instance of a human tribunal is attached.[69] The Mishna enumerates fifty offenses punishable by stripes, but this enumeration is evidently incomplete. Maimonides gives a full classification of all the offenses punishable by flagellation, the number of which he estimates to be two hundred and seven. The last three in his list are cases in which the king takes too many wives, accumulates too much silver or gold, or collects too many horses.[70] _Slavery_ was the penalty for _theft_ under ancient Hebrew law. This is the only case where the Mosaic law imposed slavery upon the culprit as a punishment for his crime; and a loss of liberty followed only where the thief was unable to make the prescribed restitution. Exodus xxii. 1-3 says: If a man shall steal an ox, or a sheep, and kill it, or sell it, he shall restore five oxen for an ox, and four sheep for a sheep ... if he have nothing, then he shall be sold for his theft. Penal servitude, or slavery, was imposed only on men, never on women. Slavery, as a penalty for theft, was limited to a period of six years in obedience to the Mosaic ordinance laid down in Exodus xxi. 2. If thou buy a Hebrew servant, six years he shall serve: and in the seventh, he shall go free for nothing.