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prepared by Rabbi Eliezer Chrysler
Kollel Iyun Hadaf, Jerusalem

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Makos 12

MAKOS 11-15 - Ari Kornfeld has generously sponsored the Dafyomi publications for these Dafim for the benefit of Klal Yisrael.


(a) Rav Yehudah lists two mistakes that Yo'av made when he held on to the horns of the Mizbe'ach of Shiloh'.
Was it really next to the Mizbe'ach of Shiloh next to which he was standing?

(b) What were his two mistakes?

(c) What third mistake does Abaye add to the list?

(d) In similar vein, Resh Lakish lists the three mistakes that the Angel of Rome will make when he runs to Batzrah to avoid the death-sentence for all the murders that he and his nation perpetrated against Yisrael.
What are they? What is the name of the Angel of Eisav?

(a) What does Rebbi Avahu extrapolate from the Pasuk "u'Migresheihem Yiheyu li'Vehemtam, ve'li'Reshusam u'le'Chol Chayasam"? What does "u'le'Chol Chayasam" come to preclude?

(b) How do we reconcile this with our Mishnah, which Darshens "Shamah", 'Sham Tehei Kevuraso'?

(c) What does the Beraisa learn from the Pasuk "Veyashav Bah"? What does "Bah" come to exclude?

(d) How do we reconcile this with our Mishnah, which forbids the Go'el ha'Dam to kill the Rotze'ach, once he reaches the T'chum?

(a) What is the difference between 'Sadeh' and 'Migrash'?

(b) What does the Beraisa say about the three categories of Ir, Sadeh and Migrash?

(c) Then why do we need the D'rashah "Bah", 've'Lo bi'Techumah' (seeing as this is forbidden anyway?

(a) Under which circumstances is anyone permitted to kill a Rotze'ach who leaves the Ir Miklat, according to Rebbi Yossi Hagelili?

(b) What does he extrapolate from the Pasuk (in connection with the Rotze'ach leaving the Ir Miklat) "Veratzach Go'el ha'Dam es ha'Rotze'ach"? What should the Torah otherwise have written?

(c) How does Rebbi Akiva counter this? What should the Torah have written had it been a Mitzvah?

(d) Mar Zutra bar Tuvya Amar Rav holds neither like Rebbi Yossi Hagelili nor like Rebbi Akiva.
What does he say about the Go'el ha'Dam who kills the Rotze'ach should he leave the Ir Miklat?

(a) Mar Zutra bar Tuvya Amar Rav actually holds like Rebbi Eliezer in a Beraisa.
What does Rebbi Eliezer learn from the Pasuk "ve'Lo Yamus ha'Rotze'ach ad Amdo Lifnei ha'Eidah la'Mishpat"?

(b) What do Rebbi Yossi Hagelili and Rebbi Akiva interpret this Pasuk?

(a) What does the Beraisa learn from the Pasuk (in connection with the Rotze'ach leaving the Ir Miklat) "Im Yatzo Yatza ha'Rotze'ach"?

(b) How do we reconcile this with the Beraisa "be'Meizid Neherag, be'Shogeg Gold"?

(c) On what grounds does Abaye support the second opinion? Why did he find it logical to take the lenient view?

(a) How do we initially connect the Machlokes whether a son can be a Go'el ha'Dam to avenge the blood of his brother, whom his father killed, with the Machlokes between Rebbi Yossi Hagelili and Rebbi Akiva?

(b) We query this however, from a statement by Rabah bar Rav Huna and Tana de'Bei Rebbi Yishmael.
What do they say about a son being appointed by Beis-Din to punish His father? In which case is there no problem with this?

(c) What do we mean when, to reconcile the two Beraisos, we conclude "Ha bi'Veno, Ha be'Ben B'no''?

(a) What does our Mishnah say about the Go'el ha'Dam killing the murderer if he is standing ...
  1. ... inside the town, on the trunk, but when most of the branches are growing outside the walls?
  2. ... outside the town on the trunk, but most of the branches are growing inside?
(b) What does the Beraisa say about a tree that is growing within the walls of Yerushalayim but when the branches protrude outside or vice-versa, with regard to eating Ma'aser Sheini there?

(c) Initially, we resolve this apparent discrepancy by differentiating between Ma'aser and Arei Miklat.
On what basis do we make such a distinction?

(a) The Mishnah in Ma'asros says 'be'Arei Miklat Halach Achar ha'Nof'.
What does it say about Ma'aser (which it refers to as Yerushalayim?

(b) We answer the S'tirah in Ma'aser by establishing the Beraisa like Rebbi Yehudah.
What does he say about eating Ma'aser Sheini ...

  1. ... in a cave on the outskirts of Yerushalayim?
  2. ... on the trunk of a tree that is inside Yerushalayim if the branches are outside (or vice-versa)?
(c) Who is then the author of our Mishnah?

(d) And what do the Rabbanan then hold?

Answers to questions



(a) We query our current explanation by asking that perhaps Rebbi Yehudah only says his Din (without reservation) by Ma'aser, because it goes 'le'Chumra both ways, but not by Arei Miklat, which goes le'Chumra one way but le'Kula, the other.
Why would he differentiate?

(b) What would be the Chumra by Ma'aser in the case where the owner is standing on the trunk, which is ...

  1. ... outside, whereas the branches are inside?
  2. ... inside, whereas the branches are outside?
(c) Which case would then cause a problem with regard to Ir Miklat?
(a) Rabah upholds the query.
What is then the basis of the Tana'im's dispute? In which case does Rebbi Yehudah permit the Go'el ha'Dam to kill the murderer when he is standing outside the Ir Miklat under the branches, whilst the Rabbanan forbid it?

(b) And on what grounds will even the Rabbanan concede in similar case, where the murderer is also perched in the branches outside the walls, that the Go'el ha'Dam would be permitted to kill the murderer from afar with arrows or stones?

(a) Rav Ashi disagrees with the entire Sugya.
How does he amend the Lashon of our Mishnah 'ha'Kol Holech Achar Nof'? What does this imply?

(b) To which case does the implication refer?

(c) And in which do we go after the trunk?

(d) Who is now the author of our Mishnah?

(a) What happens to a murderer who kills someone be'Shogeg in an Ir Miklat?

(b) What if the murderer is a ben Levi? Why the difference?

(c) What does the Beraisa learn from the Pasuk ...

  1. ... "ve'Samti *Lecha* Makom"?
  2. ... "Asher Yanus Shamah"?
(d) What happens if a ben Levi ran to another district in his own town (like a Yisrael)?

(e) What does Rav Acha B'rei de'Rav Ika learn from the Pasuk "Ki be'Ir Miklato Yeishev"?

Answers to questions

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