Of the Jews five times received I forty stripes save one. Of the Jews five times received I forty stripes save one - That is, he was five times scourged by the Jews, whose law (Deuteronomy 25:3) allowed forty stripes; but they, pretending to be lenient, and to act within the letter of the law, inflicted but thirty-nine.
To except one stripe from the forty was a very ancient canon among the Jews, as we learn from Josephus, Antiq. lib. iv. ch. viii. sec. 21, who mentions the same thing: πληγας μιας λειπουσης τεσσαπακοντα· forty stripes, excepting one.
The Mishna gives this as a rule, Mish., Maccoth, fol. 22, 10:
"How often shall he, the culprit, be smitten?
Ans. ארבעים תמר אתר forty stripes, wanting one; i.e. with the number which is highest to forty."
Frequently a man was scourged according to his ability to bear the punishment; and it is a canon in the Mishna, "That he who cannot bear forty stripes should receive only eighteen, and yet be considered as having suffered the whole punishment." They also thought it right to stop under forty, lest the person who counted should make a mistake, and the criminal get more than forty stripes, which would be injustice, as the law required only forty.
The manner in which this punishment was inflicted is described in the Mishna, fol. 22, 2: "The two hands of the criminal are bound to a post, and then the servant of the synagogue either pulls or tears off his clothes till he leaves his breast and shoulders bare. A stone or block is placed behind him on which the servant stands; he holds in his hands a scourge made of leather, divided into four tails. He who scourges lays one third on the criminal's breast, another third on his right shoulder, and another on his left. The man who receives the punishment is neither sitting nor standing, but all the while stooping; and the man smites with all his strength, with one hand." The severity of this punishment depends on the nature of the scourge, and the strength of the executioner.
It is also observed that the Jews did not repeat scourgings except for enormous offenses. But they had scourged the apostle five times; for with those murderers no quarter would be given to the disciples, as none was given to the Master. See Schoettgen.