TT #622 · Parashas Ki Seitzei · Seventh Aliyah · Passuk 25:02
And it shall be, if the wicked one is to be flogged, the judge shall cause him to lie down and be beaten in his presence, according to his guilt, by number.
Torah Temimah points to Makkot 4b.
TT lemma: כְּדֵי רִשְׁעָתוֹ.
English: Whoever pays money does not receive lashes, as it is stated ‘according to his guilt’ – for one guilt you hold him liable, and you do not hold him liable for two guilts.
Derash on the singular “according to his guilt” (Bavli sugya) — not a formal named middah of the 13; the singular form limits liability to one penalty.
A person is not punished both by payment and by lashes for the same offense. The singular ‘his guilt’ limits liability to one form of penalty.