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Kollel Iyun Hadaf, Jerusalem

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Makos 13

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


(a) What does our Mishnah learn from the Pasuk in Shoftim "ve'Zeh D'var ha'Rotze'ach" regarding a murderer whom the residents of the Ir Miklat wish to honor?

(b) Under which circumstances may he accept their offer?

(c) According to ...

... Rebbi Yehudah, the murderers had to pay the Levi'im rent.
What does Rebbi Meir say? ... Rebbi Meir, when the murderer returned to his hometown, he would return to whatever prominent position he held previously.
What does Rebbi Yehudah say?
(d) What does Rav Kahana extrapolate from the Pasuk ve'Hayu *Lachem* he'Arim le'Miklat mi'Go'el ... "? To which towns does this refer?
(a) If Rebbi Yehudah interprets "Lachem" to mean 'to take you in', how does Rebbi Meir interpret it?

(b) What will then be the Din regarding the other forty-two Arei Miklat?

(c) On what grounds does Rava object to Rav Kahana's interpretation?

(d) According to Rava, the basis of the Machlokes is then how to interpret the Pasuk (in connection with the forty-two towns) "va'Aleihem Titnu".
How do Rebbi Yehudah and Rebbi Meir respectively, interpret it?

(a) Rebbi Yehudah explains the Pasuk "ve'Shav el Mishpachto (ve'el Achuzas Avosav Yashuv") to mean that he returns to his family, but not to his previous position. By whom is this written?

(b) How does Rebbi Meir interpret the Pasuk?

(c) What does Rebbi Meir then learn from the word "Yashuv"?

(d) What is Rebbi Meir's real source for his latter ruling?

***** Hadran Alach 'Eilu Hein ha'Golin' *****

***** Perek ve'Eilu Hein ha'Lokin *****

(a) Our Mishnah includes in the list of 'Lokin', seven cases of Arayos that are Chayav Malkos 'a sister, a paternal and a maternal aunt, a wife's sister and brother's wife (sisters-in-law), a father's brother's wife (an aunt by marriage) and a Nidah.
What do they all have in common?

(b) The list of 'Lokin' is not comprehensive, seeing as there are three hundred and sixty-five La'avin (most of which are subject to Malkos).
Why did the Tana choose to insert ...

  1. ... Tevel, Ma'aser Rishon she'Lo Nitlah Terumaso and Hekdesh she'Lo Nifdeh?
  2. ... Ma'aser Sheini she'Lo Nifdeh?
  3. ... most other La'avin in our Mishnah?
(c) Why does the Tana include 'Almanah le'Kohen Gadol' and 'Gerushah va'Chalutzah le'Kohen Hedyot' in the list?

(d) In that case, why does a Kohen only receive one set of Malkos for a woman who is both a Gerushah and a Chalutzah?

(a) He also includes 'Mamzares u'Nesinah le'Yisrael'.
What is the source of the La'av pertaining to a Nesinah?

(b) Will Malkos also apply the other way round (to a 'bas Yisrael le'Nasin u'le'Mamzer')?

(c) The La'av for Nosar is the Pasuk in Tetzaveh "ve'Sarafta es ha'Nosar ba'Eish, Lo Ye'achel".
What do we learn from the continuation of the Pasuk "Ki Kodesh Hu"?

(a) What is the basic difference between 'ha'Mefatem es ha'Shemen' and 've'ha'Sach be'Shemen ha'Mishchah'?

(b) What is the source for the La'av for eating ...

  1. ... Tevel?
  2. ... Ma'aser Rishon whose Terumah has not been taken?
(c) One receives Malkos for eating Ma'aser Sheini that was not redeemed, from the Pasuk in Re'ei "Lo Suchal Le'echol bi'She'arecha".
Where must he eat it in order to transgress?

(d) What is the source of the La'av for eating ...

  1. ... Terumah?
  2. ... Hekdesh that was not redeemed?
(a) The author of our Mishnah that includes Chayvei K'risus in Malkos but not Chayvei Misas Beis-Din, is Rebbi Akiva (in a Beraisa).
What reason does he give for this?

(b) What does Rebbi Yishmael say there?

(c) What does Rebbi Yitzchak say? How does he learn this from 'Achoso'?

(d) But how does Rebbi Yitzchak know that this extends to all Chayvei Kareis?

Answers to questions



(a) We cite Rebbi Yishmael's source (to give Malkos to both Chayvei K'risus and Chayvei Misas Beis-Din) as the Pasuk in Ki Savo "Im Lo Sishmor La'asos es Kol Divrei ha'Torah ha'Zos ... ve'Hiflah Hashem es Makoscha".
How does Rebbi Yishmael extrapolate Malkos from there?

(b) We nevertheless preclude Chayvei Asei from Malkos, initially based on a principle of Rebbi Avin Amar Rebbi Ilai.
What does he say about 'Kol Makom she'Ne'emar Hishamer, Pen ve'Al'?

(c) What do we initially think that Rebbi Yishmael learns from "La'asos"?

(a) Finally however, we preclude a 'La'av she'Ein Bo Ma'aseh' from Malkos from the same source as a 'La'av she'Nitak la'Asei'.
From where do we know that a 'La'av she'Nitak la'Asei' does not receive Malkos? What is a 'La'av ha'Nitak la'Asei'?

(b) What else do we learn from 'La'av de'Chasimah'?

(c) Why do we learn specifically from that La'av more than from any other?

(a) What does Rebbi Akiva learn from the Pasuk in Ki Seitzei (in connection with Malkos) "K'dei Rish'aso"?

(b) Why does Rebbi Yishmael disagree with that?

(c) In that case, we ask, why Rebbi Akiva does not also preclude Chayvei Kareis from Malkos.
Why is the fact that they can do Teshuvah (which is what he says) not a good enough answer?

(d) What is Rebbi Avahu referring to when he says that the Torah specifically includes Chayvei Kareis in the Din of Malkos with the Gezeirah-Shavah of "le'Einei" "le'Einecha"?

(e) Then why did Rebbi Akiva give the fact that one can do Teshuvah as the reason, seeing as it is really a Gezeiras-ha'Kasuv'?

(a) How do we initially reject Rebbi Aba bar Mamal Kashya that, in that case, why not also learn "me'Einei" (written by Misas Beis-Din of Avodas-Kochavim) from "le'Einecha" (and include Misas Beis-Din in Malkos)?

(b) We overrule this Kashya however, with a statement of de'Bei Rebbi Yishmael.
What does Rebbi Yishmael say about learning a 'Gezeirah-Shavah' "Shiyvah" from "Bi'ah"?

(c) What second objection do we raise to Rebbi Aba bar Mamal's Kashya, based on the fact that we have just learned "le'Einei" from "le'Einecha" (K'risus from Malkos)?

(d) Rebbi Shmuel bar Rav Yitzchak accepted Rebbi Aba bar Mamal's Kashya, and gave an answer.
What else might 'Kiblah Mineih Rebbi Shmuel bar Rav Yitzchak' mean?

(a) In any event, to answer Rebbi Aba bar Mamal's Kashya, how do we qualify the D'rashah 'Mishum Rish'ah Achas Atah Mechayvo, ve'I Atah Mechayvo Mishum Sh'tei Rish'ayos'? In which case will the principle not apply?

(b) Rava disagrees with the previous interpretation of the Machlokes Tana'im.
Even Rebbi Yishmael agrees he says, that if they warned the culprit that he will be killed, he will not receive Malkos.
Why is that?

(c) Then in which case do Rebbi Yishmael and Rebbi Akiva argue? What is the basis of their Machlokes?

(d) In that case, why, according to Rebbi Akiva, are Chayvei Kareis subject to Malkos? Why do we not say there too, that the Azharah is needed for Kareis?

(a) What proof does Rav Mordechai bring, quoting Avimi me'Hagrunya in the name of Rava, that Chayvei Kareis do not require an Azharah?

(b) How do we contend that the La'av is needed for a Korban be'Shogeg (by Chayvei Misas Beis-Din, and not for Malkos)?

(c) How do we refute this contention? What other reason might there be for not bringing a Korban, for contravening the Mitzvah of Pesach or of Milah?

(d) Ravina reinstates our original interpretation of Rebbi Akiva, and he takes his statement literally, 'she'Im Asu Teshuvah, Beis-Din shel Ma'alah M ochlin Lahen'. How does he answer the Kashya that we asked earlier 'Ha Lo Avud Teshuvah'?

Answers to questions

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