Deuteronomy 25:3

Forty stripes By later law the number was fixed at -forty less one" (Mishna," Makkoth," Deuteronomy 3:10 ff., cp. 2 Corinthians 11:24, Josephus, IV. Antt. viii. 21, 23) they were now inflicted with a lash. Ḫammurabi decrees in one case -sixty blows of an ox-hide scourge" (§ 202).

thy brother should seem vile unto thee Rather, be dishonoured (Deuteronomy 27:16), publicly (lit. to thine eyes). To give him the due punishment of his crime (Deuteronomy 25:2) was not to take away his honouras a brother, i.e. Israelite; but to flog him indiscriminately was to treat him like an animal.