Study Guide Makkot 16

Today's daf is dedicated in commemoration of Yom HaShoah, in memory of all those who perished in the Holocaust.

Today's daf is sponsored by Caroline Ben-Ari in loving memory of her father, Ivor Rhodes, Yisrael ben Meir v'Sara. "Please send me Dad jokes and bad puns--the worse, the better. Dad was a quiet man who cared deeply about doing the right thing. In the words of my sister-in-law to him 15 years and 2 days ago: 'You are a true gentleman... with a wicked sense of humour!' As the years go by, I find myself missing him more and more."

Today's daf is sponsored by Tina Lamm in memory of her mother-in law, Mrs. Mindy Lamm, on her 5th yahrzeit.  "My mother-in-law was an extraordinary woman and the full partner of her husband, Rabbi Dr. Norman Lamm, zt"l. Together, through 68 years of marriage, they raised a beautiful family while leading the Modern Orthodox world with brilliance, vision, and incredible dignity.  We miss her every day.”

The debate between Rabbi Yochanan and Reish Lakish regarding whether one gets lashes for a doubtful warning (a warning given when it wasn't clear whether the person was going to violate the prohibition) can be found in another case regarding one who takes an oath that they will eat a loaf of bread today. They also disagree about whether or not one gets lashes for a negative prohibition that does not have an action associated with it. Both are derived from the same tanna, Rabbi Yehuda, and the sources they use to support their opinions are brought. At first, they suggest that both derive it from the same statement of Rabbi Yehuda regarding notar, but that suggestion is rejected completely as neither opinion corresponds to that opinion. Two different sources of Rabbi Yehuda are brought - each one corresponding to a different opinion.

Rabbi Yochanan says that there are only who mitzvot where one can get lashes for a negative commandment that has a positive commandment intended to fix it, as he holds that one only gets lashes if one nullifies the possibility for fixing it. There are only two cases where it is possible to nullify the possibility for fixing the mitzva. The first is the mitzva of sending the mother bird away, as if one takes the mother bird and her chicks and then kils the mother bird, there is no possibility to send away the mother bird. The other one he leaves to his student to figure out and the student makes various suggestions before arriving at a conclusion that it is peah. leaving over the corner of the field for the poor.

The next part of the Mishna is discussed regarding lashes for creepy crawling creatures and it is explained that since there are various negative commandments in the Torah regarding this prohibition, and there are various cases where one could receive multiple sets of lashes.

If one eats produce where only the tithe for the poor wasn't taken, one receives lashes. This accords with Rabbi Yosi's opinion. 

Study Guide Makkot 15

This week's learning is sponsored by Elana Storch for the refuah shleima of Avraham haLevi Ben Eidel. 

Today's daf is sponsored for the refuah shleima of Chaya Golda Bat Esther.

Today's daf is sponsored by the Hadran Women of Long Island for the refuah shleima of our friend and co-learner, Leah Brick, Leah Breindel bat Gittel Yenta בתוך שאר חולי ישראל. "We have watched and admired Leah as she meets this challenge with grace, equanimity and absolute faith, and look forward to sharing many smachot in good health with her - especially our Hadran LI trip to Israel!" 

Rabba bar Hana quotes Rabbi Yochanan saying that if a positive commandment precedes a negative commandment, one receives lashes and this is not considered a lav hanitak l'ase, a negative commandment that can be corrected/uprooted by a positive commandment for which one does not receive lashes. Rabbi Yochanan denies having said that. Raba doesn't understand why Rabbi Yochanan would deny it, as a case in our Mishna can prove Rabbi Yochanan's rule. However, the Gemara bring a case of a rapist, trying to prove why Rabbi Yochanan changed his mind and did not accept the above rule. Ulla (in three different attempts) and Rava each try to explain why the case of a rapist does not fit into the category of the rule (a positive commandment the precedes the negative commandment). All attempts by Ulla are rejected, but Rava's is accepted.

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Study Guide Makkot 14

The debate between Rabbi Akiva, Rabbi Yishmael and Rabbi Yitzchak is discussed regarding whether or not one gets lashes for sins that one gets karet or death by the court. After bringing a third explanation for RAbbi Akiva's position, the Gemara brings the source for Rabbi Yitzchak's opinion. What do Rabbi Yishmael and Rabbi Akiva derive from that verse? This question leads to a long back and forth discussion about what they each derive from various verses.

The Mishna taught that one gets lashes for eating sacrificial items, kodashim,  when they are impure. Where can the warning for this be found? Rabbi Yochanan and Reish Lakish each offer different opinions. There is a back and forth discussion regarding their sources.

Today's daf is sponsored for a refua shleima for my uncle, Naftali ben Henna.

Rabbi Meir and Rabbi Yehuda disagree about two issues regarding the accidental murderer - do they pay rent/taxes to the Levites/refuge city; when they are released, can they reassume their previous position in their city? Rav Kahana limits the first debate to the six refuge cities, while Rava limits the debate to the other forty-two Levite cities, but explains that in the six major refuge cities, all agree that no payment is necessary.

The third chapter lists all those who receive lashes. The Mishna categorizies them. Those who are liable for karet for forbidden relations receive lashes, if they do not also receive a death penalty by the court. If a kohen marries a woman he is forbidden to marry, they both receives lashes. More prohibitions where one receives karet for violating it intentionally also receive lashes, such as, a impure person who enters the Temple or ate sacrificial meat, one who eats forbidden fats of an animal or the blood, and several other prohibtions. One who eats non kosher meat or untithed produce also receives lashes.

The Mishna follows the position of Rabbi Akiva that only prohibitions that are punishable by karet only are also punishable by lashes. However, Rabbi Yishmael holds that even those punishable by death in the hands of the court are punishable by lashes. Rabbi Yitzchak holds that none of these cases obligate one in lashes.

What is the root of the debate between Rabbi Akiva and Rabbi Yishmael? 

https://www.newyorker.com/magazine/2017/09/18/the-sorrow-and-the-shame-of-the-accidental-killer

More details regarding the accidental killer are discussed - Where are they buried? 

What happens if the Kohen Gadol is found out to be a chalal (son of a forbidden marriage)? 

Is the relative of the victim allowed to kill the accidental murderer if the murderer leaves the city? What if the murderer is by a tree on the border where part is inside the border and part outside?

The sages expound some verses in Yehoshua that relate directly or indirectly to setting up the refuge cities. 

The accidental killer leaves the city of refuge at the death of the Kohen Gadol. Who qualifies as a Kohen Gadol for this purpose? If there are multiple Kohanim Gedolim, do they all need to die or just one of them? Out of concern that the people in the city may pray for the death of the Kohen Gadol, their mothers would provide food and clothing for the accidental murderers. 

The Gemara digresses to discuss prayers that have no basis (like praying for the Kohen Gadol to die) - do they come true?

Different scenarios are brought regarding the timing of the death of the Kohen Gadol - after the killing but before the court determined that the killer needs to go to the city of refuge, or after the court's ruling but before the killer got to the city, etc. In each of these scenarios, does the accidental murderer go free or not? 

There were certain areas with more murderers and that affected where the refuge cities were set up. There are certain criteria for refuge cities: they should not be too small or too large, they should have a water supply, a market, etc., to allow for proper protection, and they should not need to leave the city for anything. There is a debate between Rabbi Nechemia and the rabbis whether or not weapons can be sold there.

One's rabbi goes to the refuge city with the accidental murderer.  If a rabbi murders accidentally, his yeshiva goes with him to the refuge city. The Gemara raises a difficulty with a rabbi going to a refuge city as it is known that Torah learning protects - so why should he need a refuge city? Two suggested answers are brought.

Several drashot are brought relating to the importance of setting up refuge cities. From one of the verses, the gemara digresses to discussing the importance of learning Torah, teaching Torah and group learning.

Reish Lakish explains a verse in the Torah that God orchestrates things from above that one who kills accidentally and it is not known to anyone, and one who kills on purpose without witnesses, will both end up in the same place and the murderer will get killed accidentally by the one who killed accidentally before and each will then get their punishment they are deserving of. Similarly it is derived from various verses that God guides a person in the direction that the person wishes to go.

If the relative kills the killer on the way to the city of refuge, does he receive a death penalty?

Today's daf is sponsored by Shulamith and Joel Cohn for a refuah shleima for Phyllis Hecht, Gittel Pesha bat Masha Rachel.

Today's daf is sponsored by Batsheva Pava for a refuah shleima for Phyllis Hecht, Gittel Pesha bat Masha Rachel. "To my wonderful neighbor and dear friend, Phyllis, who is the person who sends me daily lists of shiurim that range from Daf Yomi, to Navi, to Parshat Hashavua, and Chaggim. She is a 24-hours-a-day Torah learning source. We cannot forget that it is the month of miracles and kriyat yam suf. May Phyllis continue to see many miracles. May our learning be for her zechut!"

For what cases is a ger toshav allowed to go to a refuge city? Contradictory sources are brought and the contradictions are resolved.

There is a debate one who killed someone and claimed "I thought it was allowed" - is that considered close to intentional or is it considered circumstances beyond one's control? Potential proofs are brought from the Torah for each position from the story of Avimelech when he took Sarah from Avraham.

Does a blind person go to a city of refuge? What is the halakha if the accidental murderer hated the one who was murdered?

How many refuge cities were there and where were they located?

This week's learning is sponsored by the Hadran family for the refuah shleima of Phyllis Hecht, Gittel Pasha bat Masha Rachel. "Phyllis, you are a true fighter, a yereat shamayim a mega baalat chesed, and a "fellow" daf learner. May your surgery on Thursday go well, with the wonderful shlichim at Sheba Hospital. עברת את פרעה, תעברי גם את זה!!! We are behind you and continue davening for you with all our might."

Rebbi and the rabbis disagree about whether one gets exiled for killing if the blade fell off the handle and killed someone and if one was killed from wood chips that splintered off while chopping. Rebbi holds that the case described in the Torah in Devraim 19:5 refers to the latter case and the rabbis hold that it refers to the former. A braita brings two proofs from the text for Rebbi's reading of the verse. Rav Chiya bar Ashi explains the root of the debate is whether there is em l'mikra, we follow the way the verse is traditionally read, or em l'masoret, we follow the way the verse is written.

There are different rules for accidental murder depending on what domain the death occurred and whether the victim was already there or put his head out the window after, for example, a rock was thrown in that direction. Abba Shaul rules that if one accidentally killed while performing a mitzva, the murderer is exempt from exile. This is derived from Devraim 19:5. A rabbi raised a difficulty with this derivation to Rava, but it is resolved. In a different version of the sugya, the rabbi asked the same question but on a different sugya.

The Mishna rules that a child is exiled to a refuge city for killing a parent, but a braita rules the opposite. Rav Kahana and Rava each reconcile the contradiction in a different manner.

A braita rules that slave or a Cuti are exiled to a refuge city for killing a Jew and can receive lashes. Likewise, a Jew is exiled and receives lashes for doing the same to a Cuti or slave. For what offense are the lashes?

Today's daf is sponsored anonymously for a refuah shleima of Mia bat Yonina, for the safety of our soldiers and for the safe return of the hostages.

If one is convicted to death by the court, runs away, and is caught by the same court, the court upholds the original decision and does not try to look for a reason to exonerate. However, if the convict is brought before a different court, under what circumstances do they reopen the case? The courts of twenty-three judges can rule in capital crimes. These courts can even be outside of Israel. If so, what are the differences between the rules for setting up courts in and out of Israel?

Should the courts be using capital punishment? If so, how often? There are several opinions - once every seven years, once in seventy years, or never at all.

An accidental murderer is exiled to a city of refuge which is punitive, restorative (provides atonement) and protects from the relatives of the deceased who may seek to avenge the death. However, not all accidental murderers are exiled to a refuge city. Some are more negligent and aren't permitted to go there, as they do not deserve the atonement and protection, while others are closer to oness, and are not required to be exiled. Which cases of an accidental murderer fall into which categories?