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Rosh Kollel: Rabbi Mordecai Kornfeld

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Makos 9

MAKOS 9 (7 Shevat) - dedicated by Danny & Ramona Schwartz, l'Iluy Nishmat Yochanan Shabsai ben Yair, Z"L, whose Yahrzeit is 7 Shevat.


(a) Version #1 (Mishnah): (Anyone can get Galus for killing a Yisrael, a Yisrael can get Galus for killing anyone,) except for a Ger Toshav...
(b) Inference: This implies that a Ger Toshav (does not get or Mechayev Galus, regarding Galus he) is like a Nochri.
(c) Contradiction (end of the Mishnah): A Ger Toshav can get Galus for killing a Ger Toshav.
(d) Answer (Rav Kahana): He does not get Galus for killing a Yisrael, he gets Galus for killing a Ger Toshav.
(e) Version #2 - Contradiction: It says "Li'Vnei Yisrael vela'Ger.." (Arei Miklat are also for Gerei Toshav);
1. It also says "Lachem" - not for Gerei Toshav!
(f) Answer (Rav Kahana): A Ger Toshav does not get Galus for killing a Yisrael, he gets Galus for killing a Ger Toshav.
(g) Contradiction (Beraisa): (Benei No'ach do not need warning for their Mitzvos -) therefore, a Nochri or Ger (Toshav) that killed is killed.
1. The Beraisa equates a Ger Toshav to a Nochri - just as a Nochri is killed whether or not he killed someone of his own status (another Nochri), also a Ger Toshav!
(h) Answer #1 (Rav Chisda): If a Ger Toshav killed Derech Yeridah, for which a Yisrael goes to Galus, Galus also suffices for him;
1. If he killed Derech Aliyah, for which Yisrael is exempt, he is killed.
(i) Objection (Rava): A Kal va'Chomer refutes this!
1. A Yisrael he goes to Galus for Derech Yeridah, a Ger Toshav is not killed for this - a Yisrael is exempt for Derech Aliyah, all the more so a Ger Toshav is not killed for this!
(j) Answer #2 (Rava): A Ger Toshav is killed for Omer Mutar.
(k) Question (Abaye): Omer Mutar is Ones!
(l) Answer (Rava): I say that it is close to Mezid.
1. (Rav Chisda holds like Abaye, therefore he did not establish the Beraisa as Rava did.) Rav Chisda and Rava argued similarly elsewhere.
(m) (Rava): If a Ger Toshav killed a person, thinking that he was an animal, or killed a Ger Toshav, thinking that he was a Nochri, he is Chayav (Misah) - Omer Mutar is close to Mezid;
(n) (Rav Chisda): He is exempt - Omer Mutar is Ones.
(o) Question (Rava): "Hincha Mes Al ha'Ishah" (even though Avimelech did not know that Sarah was married).
1. Suggestion: He is Chayav Misas Beis Din!
(p) Answer (Rav Chisda): No, he is Chayav Misah bi'Dei Shamayim.
1. Support (for this answer): "Mi'Chato Li" (the sin would be punishable only by Hash-m).
2. Rejection: Yosef likewise told Potifar's wife "V'Chatasi l'Eilokim", even though adultery (b'Mezid) is punishable by Beis Din;
i. Also Avimelech's sin would have been punishable by Beis Din even though he was Shogeg.
(q) Question (Abaye): "Ha'Goy Gam Tzadik Taharog" - (because he was Shogeg, it is considered as if he did not sin, and Hash-m did not refute him!)
(r) Answer (Rava): Hash-m refuted him!
1. Question: "Hashev Eshes ha'Ish Ki Navi Hu" - if her husband was not a Navi, would he be allowed to keep her?!

2. Answer (R. Shmuel bar Nachmani): "Hashev Eshes ha'Ish" - in any case;
i. Regarding Avimelech's claim to be a Tzadik (because Avraham said she was his sister), "Ki Navi Hu" - Avraham learned from your people that it would be unsafe to say that she is his wife!
ii. When a traveler comes to a city, people should ask him if he needs food or drink, not about the status of the woman with him!
iii. This teaches that a Nochri is (responsible and is) killed for not having learned.
(a) (Mishnah - R. Yehudah): A Suma (blind person) does not go to Galus;
(b) R. Meir says, he goes to Galus
(c) A Sonei (If the murderer hated the victim) does not go to Galus;
(d) R. Yosi says, he is killed, because it is as if he was warned;
(e) R. Shimon says, sometimes he is killed, sometimes not:
1. If we can say that he killed intentionally, he is killed; if unintentionally, he goes to Galus.
(f) (Gemara - Beraisa - R. Yehudah): "B'Lo Re'os" - this excludes a Suma;
(g) R. Meir says, "B'Lo Re'os" includes a Suma.
(h) Question: What is R. Yehudah's reason?
(i) Answer: "Va'Asher Yavo Es Re'ehu va'Ya'ar" includes a Suma, so "B'Lo Re'os" excludes him.
1. R. Meir agrees, but he says that "Bi'Vli Da'as" also excludes him - two exclusions, one after the other, always come to include.
2. R. Yehudah says, "Bi'Vli Da'as" excludes one who intended.
(j) (Mishnah - R. Yosi): A Sonei is killed...
(k) Question: He was not warned!
(l) Answer: He holds like R. Yosi b'Rebbi Yehudah, who says that a Chaver need not be warned, for warning is only to distinguish whether one is Shogeg or Mezid.
(m) (Mishnah - R. Shimon): Sometimes a Sonei goes to Galus...
(n) (Beraisa #1): When does R. Shimon say that a Sonei gets Galus?
1. If the rope broke, he goes to Galus; if it slipped, he does not go to Galus.
(o) Contradiction (Beraisa #2 - R. Shimon): He does not go to Galus unless the Ma'agilah slipped from his hands.
1. This Beraisos argue about the rope breaking (Beraisa #1 is Mechayev Galus, Beraisa #2 exempts) and slipping (Beraisa #1 exempts, Beraisa #2 is Mechayev)!
(p) Answer - part 1: We can resolve breaking - Beraisa #1 discusses a Sonei, Beraisa #2 discusses a friend;
(q) Answer - part 2: We can resolve slipping - Beraisa #1 is like Rebbi (who exempts when the axe-blade slipped off), Beraisa #2 is like Chachamim (who Mechayev).
(a) (Mishnah): Galus is in one of the Arei Miklat - there were three in Ever ha'Yarden, and three in Eretz Kena'an - "Es Shelosh he'Arim Titnu me'Ever la'Yarden v'Es Shelosh...b'Eretz Kena'an".
1. Until those in Eretz Kena'an were chosen, those in Ever ha'Yarden were not Kolet - "Shesh Arei Miklat Tihyenah", if all six are not Kolet, none are.
(b) We space the cities evenly - "Tachin Lecha ha'Derech v'Shilashta Es Gevul Artzecha".
(c) We send two Chachamim with a murderer on his way to the Ir Miklat, they speak to the Go'el ha'Dam, lest he kill him on the way;
(d) R. Meir says "Zeh Davar ha'Rotze'ach" - the murderer speaks for himself.
(e) R. Yosi b'Rebbi Yehudah says, at first, whether he killed b'Shogeg or b'Mezid, he goes to an Ir Miklat, Beis Din sends for him to come to trial:
1. If the verdict is that he is Chayav Misah, they kill him; if not, they exempt him;
2. If he is Chayav Galus, they return him to his Ir Miklat - "V'Heshivo Oso ha'Edah El Ir Miklato..."
(f) (Gemara - Beraisa): Moshe separated three cities in Ever ha'Yarden, Yehoshua separated three opposite (i.e. due west of) them in Eretz Kena'an, like two rows of vines in a vineyard;
1. Chevron in Yehudah was opposite Betzer in Midbar, Shechem in Har Efrayim was opposite Ramos in Gil'ad, Kadesh in Har Nafoli was opposite Golan in Bashan. 2. "V'Shilashta" - they must be evenly spaced - the following distances were the same:
i. From the south (of Eretz Yisrael) to Chevron, from Chevron to Shechem, from Shechem to Kadesh, from Kadesh to the north (of Eretz Yisrael).
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