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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Makos 7


(a) What does our Mishnah say about ...
  1. ... a litigant who, after being declared guilty and running away, reappears in the same Beis-Din and asks for a retrial?
  2. ... a case where two witnesses appear in Beis-Din, and testify that Reuven was sentenced to death in such and such a Beis-Din? Which other condition is required?
  3. ... a Sanhedrin in Chutz la'Aretz?
(b) The Tana Kama refers to a Beis-Din that sentences to death once in seven years as a 'Chovlanis' ('a murderous Beis-Din').
What does Rebbi Elazar ben Azaryah say?

(c) What do Rebbi Tarfon and Rebbi Akiva say would have happened, had they been in the Sanhedrin?

(d) What did Raban Shimon ben Gamliel say about that?

(a) We infer from the words 'Lifnei Oso Beis-Din' that the Tana uses in the opening Din in our Mishnah ('Mi she'Nigmar Dino ... ')?

(b) How does that contradict the Mishnah's second ruling ('Kol Makom she'Ya'amdu Shenayim ... ')?

(c) To answer the Kashya what distinction does Abaye make (quoting Rebbi Yehudah ben Dustai in a Beraisa) between Eretz Yisrael and Chutz la'Aretz?

(d) What is the reason for Rebbi Yehudah ben Dustai's ruling?

(a) What does the Beraisa learn from the Pasuk ...
  1. ... in Masei (in connection with the Sanhedrin vis-a-vis the death-sentence) "ve'Hayu Eileh Lachem le'Chukas Mishpat"?
  2. ... in Shoftim "Shoftim ve'Shotrim Titen Lecha be'Chol She'arecha" (implying 'in Eretz Yisrael' exclusively)?
(b) What might Rebbi Elazar ben Azaryah mean when he says 'Achas le'Shiv'im Shanah'?

(c) Which of the two explanations is the correct one?

(a) How would Rebbi Tarfon and Rebbi Akiva have avoided the death sentence in cases of ...
  1. ... murder?
  2. ... adultery?
(b) What does Rav Ashi add in the first case, assuming they replied in the affirmative?

(c) Presumably, the Rabbanan disagree with Rebbi Tarfon and Rebbi Akiva on the basis of Rov. But on what grounds would they have sentenced an adulterer to death?

***** Hadran Alach 'Keitzad ha'Eidim *****

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(a) What does our Mishnah mean by ...
  1. ... 'Hayah Me'agel ba'Agilah'?
  2. ... 'O Meshalshel be'Chavis'?
(b) The Tana cites three cases; 'Me'agel ba'Agilah', 'Meshalshel be'Chavis' and 'Yored be'Sulam'.
What do they all have in common? What is the Halachah in all three cases?

(c) What would have been the Din, if he had been drawing the roller or the barrel, or climbing up the ladder?

Answers to questions



(a) What does Shmuel learn from the Pasuk in Masei "Vayapel Alav Vayamos"?

(b) What is strange about the Beraisa "bi'Shegagah" (ibid.), 'P'rat le'Meizid'; "bi'Veli Da'as" (Shoftim), 'P'rat le'Miskaven'?

(c) How does Rabah establish ...

  1. ... the first case?
  2. ... the second case? Which three cases is the Tana referring to?
(d) What did he retort when, with regard to the first case, Abaye asked him 'I Omer Mutar, A'nus Hu'?
(a) What does the Tana of another Beraisa mean when he says "Im be'Fesa" (Masei), 'P'rat le'Keren Zavis'?

(b) "be'Lo Eivah" (ibid.) comes to preclude a hater from Galus.
What punishment does he then receive?

(c) What do we learn from ...

  1. ... "Hadafo" (ibid)?
  2. ... "O Hishlich Alav" (ibid)?
(d) And what do we learn from ...
  1. ... "be'Lo Tzediyah" (ibid.)?
  2. ... "va'Asher Lo Tzadah" (Mishpatim)?
(e) The final D'rashah in the Beraisa is from "va'Asher Yavo es Re'eihu ba'Ya'ar".
What does the Tana learn from the word "ba'Ya'ar"?
(a) Rebbi Avahu asked Rebbi Yochanan what the Din will be, in a case where Reuven is climbing a ladder, when the rung on which he places his foot falls out and kills Shimon who is standing below.
What exactly was his She'eilah?

(b) What was Rebbi Yochanan's reply?

(a) Rebbi Avahu asked Rebbi Yochanan from our Mishnah 'Kol she'be'Derech Yeridaso, Goleh, *ve'she'Lo be'Derech Yeridaso, Eino Goleh*'.
What did Rebbi Avahu think the latter case comes to include?

(b) How does Rebbi Yochanan counter Rebbi Avahuh's Kashya?

(c) So what *do* the two 'Zeh ha'Kelal' come to include? (d) The Beraisa presents four cases of 'a butcher'.
What is the case in the Beraisa which rules ...

  1. ... 'Lefanav Chayav, Le'acharav Patur'?
  2. ... 'Le'acharav Chayav, Lefanav Patur?
  3. ... 'Bein Lefanav Bein Le'acharav, Chayav'?
  4. ... 'Bein Lefanav Bein Le'acharav, Patur'?
(a) We cite two Beraisos, both of which discuss Reuven who is climbing a ladder, when one of the rungs falls out and kills Shimon. One rules Chayav, and the other Patur.
What do we suggest might be the basis of their Machlokes?

(b) We conclude however, that both Tana'im hold that a 'Yeridah le'Tzorech Aliyah' is considered an Aliyah (not like the previous Beraisa), only one of the Beraisos is discussing Nezikin, the other, Galus.
Which is which?

(c) Alternatively, both Beraisos are discussing Galus, but the Beraisa which holds 'Chayav' speaks about a rung that is wormy.
How does that explain the two opinions? What do the Tana'im now hold with regard to 'Yeridah le'Tzorech Aliyah' (see Tosfos DH 've'I Ba'is Eima' and also Hagahos ha'G'ra)?

(d) Based on the same principle as the previous answer, we establish both Beraisos when the rung was not wormy.
What then makes Reuven Chayav?

(a) If the ax flew off the handle whilst Reuven was chopping wood and killed Shimon, Rebbi exempts Reuven from Galus.
What do the Rabbanan say?

(b) What do both parties then hold in a case where it was a piece of chopped wood that flew into the air and killed Shimon?

(c) What does Rebbi in a Beraisa extrapolate from the Lashon "ve'Nashal ha'Barzel min ha'Etz" (rather than 've'Nashal ha'Barzel ha'Eitz' [Shoftim])?

(d) What second source does he cite for his ruling, based on a 'Gezeirah-Shavah' "Eitz" "Eitz"?

(a) According to Rav Chiya bar Ashi Amar Rav, both Tana'im Learn their respective opinions from the sane source, and they argue over 'Yesh Eim li'Mesores' (Rebbi) and 'Yesh Eim le'Mikra' (the Rabbanan).
How will ...
  1. ... Rebbi then explain the Pasuk "*ve'Nashal* ha'Barzel min ha'Eitz"?
  2. ... the Rabbanan explain it?
(b) How do we reconcile this with Rav bar Rav Yosef Amar Rebbi Yochanan, who includes Rebbi in the list of those who hold 'Yesh Eim le'Mikra'?
(a) Rav Papa connects the case of Reuven who throws a clod of earth at a date-palm detaching a cluster of dates, which in turn, falls on Shimon and kills him, with the Machlokes between Rebbi and the Rabbanan.
What will each one hold?

(b) In answer to the question 'P'shita'?, we reply that we would otherwise have thought that this is a case of 'Ko'ach Kocho' (since the clod of earth itself seems to be 'Kocho' rather than 'Gufo').
So what if it is? How would this affect the Machlokes?

(c) Why in fact, is it not 'Ko'ach Kocho'?

(d) Then what would be a case of 'Ko'ach Kocho', which even Rebbi would exempt?

Answers to questions

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