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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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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) We learned in our Mishnah 'Chutz mi'Ger Toshav'? What does this incorporate?

(b) What status does this give a Ger Toshav?

(c) What is the Kashya on this from the Seifa of our Mishnah (see Tosfos DH 'Alma')?

(d) How does Rav Kahana reconcile the two sections of the Mishnah? Why does a Ger Toshav who killed a Yisrael not go into Galus?

(a) In another version of the Kashya (which Rav Kahana will answer in the same way) how does the Pasuk in Mas'ei (in connection with the Arei Miklat) "li'Venei Yisrael ve'la'Ger ve'la'Toshav" appear to clash with the Pasuk there "ve'Hayu he'Arim ha'Eileh Lachem"?

(b) Another Beraisa states 'Lefichach Ger ve'Oved-Kochavim she'Hargu, Neheragin'.
To what does 'Lefichach' refer?

(c) What does the comparison between Ger and Oved-Kochavim teach us? How does this create a Kashya on our Mishnah?

(a) To resolve the Kashya, Rav Chisda draws a distinction between an upward stroke and a downward one.
What exactly does this mean? Which is which?

(b) On what grounds does Raba reject Rav Chisda's answer? What is the 'Kal va'Chomer'?

(c) Consequently, Rabah establishes the Beraisa by 'Omer Mutar'.
How does Abaye query this?

(d) What does Rabah reply?

(a) And we conclude that they follow their own reasoning. What does Rabah say about a Ger Toshav who kills a person thinking that he is an animal, or a fellow Ger Toshav thinking that he is a Cana'ani?

(b) And what does Rav Chisda say?

(c) What does Rava ask on Rav Chisda from the Pasuk in Vayeira (where Hashem says to Avimelech) "Hincha Meis al ha'Ishah Asher Lakachta"? What sort of death does Rav think is meant here?

(d) What did Rav Chisda reply?

(a) Rav Chisda attempted to prove his answer from Hashem's words "me'Chato "Li*", implying that Hashem was resonsible for Avimelech's sin and not Beis-Din.
How does Rava counter this proof?

(b) What does Abaye ask Rabah from the Pasuk "ha'Goy Gam Tzadik Taharog"?

(c) Rabah refutes Abaye's Kashya with a statement of Rebbi Shmuel bar Nachmeni Amar Rebbi Yonasan.
What problem does he initially have with the Pasuk "ve'Atah Hashev Eishes ha'Ish Ki Navi Hu"?

(d) So how does he explain ...

  1. ... "ve'Atah Hashev Eishes ha'Ish"?
  2. ... "Ki Navi Hu"?
(e) What principle does Rebbi Shmuel bar Nachmeni Amar Rebbi Yonasan extrapolate from here?
Answers to questions



(a) According to Rebbi Yehudah, a blind man who kills be'Shogeg does not go into Galus.
What does Rebbi Meir say?

(b) According to the Tana Kama, a hater does not go into Galus either. What does Rebbi Yossi say?

(c) Rebbi Shimon is the most lenient of all. What compromise does he make regarding the Din of a hater?

(a) What does Rebbi Meir in a Beraisa initially learn from "be'Lo Re'os"?

(b) What does he then learn from the continuation of the Pasuk "bi'Veli Da'as"?

(c) Rebbi Yehudah initially includes a blind man from "va'Asher Yavo es Re'ehu". What does he then learn in a Beraisa, from "be'Lo Re'os"?

(d) And what does Rebbi Yehudah learn from "bi'Veli Da'as"?

(a) What problem do we have with Rebbi Yossi in our Mishnah, who sentences a hater to death, even if he killed be'Shogeg?

(b) And we answer by amending the name of the author to Rebbi Yossi b'Rebbi Yehudah.
What does Rebbi Yossi b'Rebbi Yehudah say in a Beraisa about a 'Chaver' (a Talmid-Chacham)?

(a) To explain Rebbi Shimon in our Mishnah (who makes it dependent upon how the hater killed), we differentiate between a rope that snapped and one that slipped.
What do we mean by that? Which will then be which?

(b) What double S'tirah do we ask on this from Rebbi Shimon himself? What does Rebbi Shimon say about someone who kills be'Shogeg by allowing a trowel to fall on someone?

(c) To answer the S'tirah on the two cases of the rope or the trowel slipping, we answer simply 'Ha be'Ohev, ve'Ha be'Sonei'.
How do we resolve the S'tirah between the two cases of snapping?

(d) According to Rebbi Shimon, when will a hater go into Galus if we hold like Rebbi with regard to 'Nishmat'?

(a) What is the basis of the mistake in our erroneous text 'Nifsak a'Nifsak Lo Kashya, Ha be'Ohev ... . Nishmat a'Nishmat Lo Kashya, Ha Rebbi, Ha Rabbanan'?

(b) We reject this text for two reasons. One of them, because if 'Nifsak' goes into Galus by a Sonei, then how much more so by an Ohev.
What is the other, with regard to 'Nishmat a'Nishmat Lo Kashya ... '?

(a) Where were the two groups of three Arei Miklat situated?

(b) When did the three in Eiver ha'Yarden, which Moshe already designated, come into effect?

(c) Why was that?

(a) What does our Mishnah learn from the Pasuk "Tachin Lecha ha'Derech" (see Tiferes Yisrael)?

(b) Why did Beis-Din allot two Talmidei-Chachamim to accompany the Rotze'ach to the Ir Miklat?

(c) What does Rebbi Meir say?

(d) Rebbi Yossi b'Rebbi Yehudah maintains that initially, every murderer (even a Meizid) had to run to an Ir Miklat.
What would the procedure then be?

(a) To what does the Beraisa compare the two groups of Arei Miklat (one in Eiver ha'Yarden, the other, in Eretz Yisrael)?

(b) To which tribes did Chevron, Sh'chem and Kedesh, respectively (the three Arei Miklat running from south to north in Eretz Yisrael), belong?

(c) Regarding the three corresponding towns in Eiver ha'Yarden, if Betzer was in the desert, where were Ramot and Golan, respectively, situated?

(d) How does the Beraisa explain the word "ve'Shilashta"?

(a) How does Abaye explain the fact that Eiver ha'Yarden, where only two and a half tribes lived, required as many Arei Miklat as Eretz Yisrael?

(b) This is based on the Pasuk in Hoshe'a "Gilad Kiryas Po'alei Aven Akuvah mi'Dam".
How does Rebbi Elazar interpret "Akuvah mi'Dam"?

(c) And how does Abaye explain the fact that the distance between the extreme north and south of Eretz Yisrael to Kedesh and Chevron, respectively, was twice as far as the distance between them and the middle town (Sh'chem)?

(d) Why, in the relevant Pasuk in Hoshe'a, does the Navi insert the words "Chever Kohanim"?

Answers to questions

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