POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Makos 13
MAKOS 11-15 - Ari Kornfeld has generously sponsored the Dafyomi publications
for these Dafim for the benefit of Klal Yisrael.
1) GALUS WITHIN AN "IR MIKLAT"
(a) (Mishnah): If a murderer went to Galus and killed in the
Ir Miklat, he is exiled to a different neighborhood in
***** PEREK V'ELU HEN HA'GOLIN *****
(b) If a Levi killed in his city, he is exiled to a different
(c) (Gemara - Beraisa): "V'Samti *Lecha* Makom" - in your
(Moshe's) lifetime (you will separate Arei Miklat);
1. "Makom" - from your place (the Arei Miklat will be
the Leviyim's cities).
(d) (Mishnah): Similarly - if a murderer was exiled to a
city, and the people wanted to honor him, he must tell
them 'I am a murderer';
2. "Asher Yanus Shamah" - this teaches that Galus
applied in the Midbar.
3. Question: Which place was Kolet?
4. Answer: Machaneh Levi.
5. This is the source that if a Levi killed, he is
exiled to a different Ir Miklat; if he exiled
himself to a different part of his city, it is
6. (Rav Acha brei d'Rav Ika): We learn from "Ki *v'Ir
Miklato* Yeshev" - the city that was already Kolet
1. If they still want to honor him, he should let them
- "V'Zeh Davar ha'Rotze'ach".
(e) R. Yehudah says, the murderers would pay rent to the
Leviyim of the city;
(f) R. Meir says, they would not pay rent.
(g) R. Meir says, if the murderer used to have a position of
authority, when he goes free (after the Kohen Gadol
dies), he returns to it;
(h) R. Yehudah says, he does not return to his old authority.
(i) (Gemara - Rav Kahana): They argue about paying rent in
the six Arei Miklat mentioned in the Torah:
1. R. Yehudah explains "Lachem" - for Klitah (but they
receive no other free benefits);
(j) (Rava): All expound "Lachem" - for all your needs, in the
six cities they do not pay rent.
2. R. Meir explains "Lachem" - for all your needs
(including free rent).
3. All agree that they pay rent in the other 42 Arei
1. They argue about the other 42 cities - R. Yehudah
expounds "Va'Aleihem Titnu Arba'im u'Shtayim Ir" -
the other cities are also Kolet;
(k) (Mishnah - R. Meir): He returns to his old authority.
2. R. Meir expounds "Va'Aleihem Titnu: - the other
cities are also for all your needs.
(l) (Beraisa - R. Yehudah): "V'Shav El Mishpachto v'El
Achuzas Avosav Yashuv" - (when a Yisrael slave goes
free,) he returns to his family, he does not return to
the authority of his fathers;
1. R. Meir says, he also returns to the authority of
his fathers - "V'El Achuzas Avosav", like his
(m) (Each Tana learns) similarly regarding a returning
1. "Yashuv" - this includes a returning murderer.
(n) (Beraisa - R. Yehudah): "Yashuv ha'Rotze'ach El Eretz
Achuzaso" - a murderer returns to his family, he does not
return to the authority of his fathers;
1. R. Meir says, he also returns to the authority of
his fathers - we learn from a Gezerah Shavah
"Shivah-Shivah" from a slave.
2) WHICH TRANSGRESSIONS ARE PUNISHED BY "MALKUS"
(a) (Mishnah): The following are lashed:
1. One who has relations with his sister, with the
sister of his father, mother, wife or brother, with
his paternal uncle's wife, or with a Nidah (whenever
he is lashed, she is also);
(b) R. Shimon says, one who eats any amount of Tevel is
2. A Kohen Gadol who has relations with a widow, any
Kohen that has relations with a divorcee or
Chalutzah, a Yisrael who has relations with a
Mamzeres or Nesinah, a Mamzer or Nasin who has
relations with a Bas Yisrael;
i. If a Kohen Gadol has relations with a widow who
is a divrocee, he is liable for two
transgressions (receives two sets of lashes);
3. A Tamei person who eats Kodesh or enters the
ii. If any Kohen has relations with a divorcee who
is a Chalutzah, he is only liable once.
4. One who eats Chelev, blood, Nosar, Pigul or Tamei
Kodshim, or Chametz during Pesach;
5. One who slaughters and offers a sacrifice outside
6. One who eats or does Melachah on Yom Kipur;
7. One who prepares (scented oil according to the
formula for the) Shemen ha'Mishchah (anointing oil)
or incense (according to the formula for the incense
offered to Hash-m, for his own use), or anoints with
Shemen ha'Mishchah (the very oil used to anoint the
Mishkan, Kohanim Gedolim, and kings);
8. One who eats Neveilos, Treifos, Shekatzim u'Rmashim
(insects or creeping creatures);
9. One who eats Tevel, Ma'aser Rishon from which
Terumas Ma'aser was not taken, or Ma'aser Sheni or
Hekdesh which were not redeemed.
(c) Chachamim say, he is not lashed unless he eats a Kezayis
(an olive's worth).
1. R. Shimon: Don't you agree that one is liable for
eating a (full) ant of any size?
(d) (Gemara): The Mishnah lists Chayavei Kerisus, it omits
Chayavei Misas Beis Din - it is like R. Akiva.
2. Chachamim: That is because it is a full creation.
3. R. Shimon: A wheat kernel is also a full creation!
1. (Beraisa - R. Yishmael): Chayavei Kerisus and
Chayavei Misas Beis Din are both lashed;
3) R. AKIVA'S REASON
2. R. Akiva says, Chayavei Kerisus are lashed, for if
they will do Teshuvah, Hash-m will pardon them from
(e) Question: What is R. Yishmael's reason? (We are thinking
that he obligates lashes for Chayavei Misos, even when
the transgressor will be killed.)
i. Chayavei Misas are not lashed, for even if they
do Teshuvah, Beis Din kills them.
3. R. Yitzchak says, the Torah taught that (all) Arayos
are Chayavei Kerisus, and (superfluously) mentions
Kares for relations with a sister;
i. This teaches that it (and all other Chayavei
Kerisus) are punishable by Kares, not by
(f) Answer #1: "Im Lo Sishmor La'asos Es Kol Divrei
ha'Torah...v'Hifla Hash-m Es Makoscha";
1. Question: What does Hafla'ah refer to?
(g) Question: "Im Lo Sishmor La'asos" - we should say that
one is lashed for not fulfilling an Ase!
2. Answer: "V'Hipilu ha'Shofet v'Hikahu" - it refers to
(h) Answer #1: It says, "Im Lo Sishmor";
1. (R. Avin): Wherever it says 'Hishamer', 'Pen' or
'Al', this is a Lav.
(i) Question: We should say that one is lashed for a Lav
*she'Ein Bo Ma'aseh* (without an action)!
(j) Answer #1: It says "La'asos".
(k) Question: We should say that one is lashed for a Lav
*she'Nitak l'Ase* (for which there is an Ase to 'fix'
transgressing the Lav)!
(l) Answer (and Answer #2 to questions (g) and (i)): Lashes
are for transgressions like muzzling an animal (regarding
which it explicitly says that one is lashed), which is
not Nitak l'Ase.
(a) Question: What is R. Akiva's reason?
(b) Answer #1: "Kedei Rish'aso" - a person only receives one
punishment for his evil;
1. R. Yishmael says, this teaches that one who is
lashed or killed does not pay, but it does not apply
to lashes and Misah, for this is like a protracted
death (i.e. one punishment).
(c) Question: R. Akiva should also exempt Chayavei Kerisus
from lashes on account of "Kedei Rish'aso"!
1. Granted, if they will do Teshuvah, Hash-m will
pardon them from Kares - but if we lash them before
they do Teshuvah, this is a second punishment!
(d) Answer (R. Avahu): The Torah explicitly teaches that
Chayavei Kerisus are lashed - we learn from a Gezerah
Shavah "l'Einei (written regarding Kares for incest with
a sister) -l'Einecha (written regarding lashes)".
(e) Question (R. Aba bar Mamal): If so, we should also learn
Chayavei Misos from a Gezerah Shavah "me'Einei (written
regarding idolatry) -l'Einecha"!
(f) Answer: We learn from "l'Einei" from "l'Einecha", we do
not learn "me'Einei" from "l'Einecha".
(g) Question #1: A Gezeirah Shavah may be learned even from a
different word altogether!
1. (Beraisa - Tana d'Vei R. Yishmael): "V'Shav
ha'Kohen-U'Va ha'Kohen" - this (Gezeirah Shavah)
equates the law (of a house with Tzara'as) when the
Kohen (first) returns with when he comes (another
(h) Question #2: We should learn "me'Einei" from "l'Einei"
(Chayav Misos from Chayavei Kerisus) - these are no less
similar than "l'Einei" and "l'Einecha", which are learned
from each other!
(i) Answer (Rav Shmuel bar Rav Yitzchak): "Kedei Rish'aso" -
a person only receives one punishment *from Beis Din* for
(j) (Rava): R. Yishmael agrees that one who is killed is not
lashed, they only argue when he was only warned that he
will be lashed for transgressing.
(k) Answer #2 (to Questions 2:e and 3:a - Rava): R. Yishmael
holds that one is lashed for a Lav punishable by Misas
Beis Din (if he was warned for lashes), R. Akiva says
that one is not lashed (because the Lav warns for Misah,
not for lashes).
(l) Question: If so, R. Akiva should also exempt for Chayavei
Kerisus (the Lav warns for Kares, not for lashes)!
(m) Answer (Rav Mordechai citing Rava): Kares does not need a
Lav, there is no Lav regarding Korban Pesach and Milah
(circumcision), yet they are Chayavei Kerisus.
(n) Question: Perhaps the Lav (regarding the other Kerisus)
is to obligate a Korban (for Shogeg);
1. Support: There is no Lav for Pesach and Milah,
therefore one who neglects them does not bring a
(o) Answer: No, they are exempt because the Torah only
obligates a Chatas for transgressions similar to
idolatry, i.e. we are commanded to refrain - Pesach and
Milah are Mitzvos to do an action.
(p) Defense of Answer #1 (3:c - Ravina): R. Akiva learns from
1. Question: (We asked,) before Teshuvah, there is also
Kares, lashes is a second punishment!
2. Answer (Ravina): Since he can avoid one punishment
(by doing Teshuvah), this is not considered two