Makkot 12 - Sunday April 20, 22 Nisan

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?

When the conspiring witnesses pay/get lashes do they split the amount or do they each have to pay the full amount or get the full amount of lashes?  The Mishna discusses the definition of conspiring witnesses. What is the difference between conspiring witnesses and contradictory testimony? What happens in a case where every group that comes to testify is turned into conspiring witnesses by the same group of witnesses - do we assume the group saying "you were with us" to every group of witnesses is lying? Would it be the same if someone keeps bringing false witnesses to testify on their behalf and then brings witnesses who are not proven to be false? Do we suspect they are lying just because they were brought by someone already known to bring false witnesses? There is a basic argument between the Perushim and Tzedukim - do the conspiring witnesses get killed only if they succeeded in convicting the person but didn't succeed in getting them killed (Perushim) or only if they actually succeeded in getting him killed (Tzedukim)? The verse in Devarim 17:6 says that one gets killed based on the testimony of 2-3 witnesses. There are several drashot brought in the Mishna explaining what can be derived from the unnecessary mention of "three witnesses" in the verse. 

Different statements of Rav Yehuda in the name of Rav are brought regarding mikvaot.    The Mishna brings a basic argument between Rabbi Meir and the Rabbis about whether or not conspiring witnesses get the punishment of what they conspired to do and also get lashes for the negative commandment of testifying falsely. The Gemara discusses their opinions.

Today's daf is sponsored by Samuel Berlad in honor of Esther Sarah bat Sarah to get good passing grades in the exams and parnassah tova. Also in loving memory of Devorah bat Avraham, for the refuah shleima of Shmuel Lev ben Bracha.  Today's daf is sponsored by Audrey and Jake Levant in honor of Deborah and Michael Dickson. "Wishing you a huge mazel tov  on the engagement of Dalia to Yared Posnasky." Rav Yehuda said in the name of Rav that a conspiring witness pays according to his share. After four unsuccessful attempts to explain the meaning of his statement, they explain it to be a case where the witness said he was convicted and charged money in a court for being a conspiring witness. Based on his testimony, he can be obligated to pay his share, even though his testimony cannot incriminate the other witness. If conspiring witnesses testify that a man divorced his wife and did not pay her the ketuba money, how is the payment for their punishment assessed, as they tried to obligate him to pay money that he may have had to pay later if he predeceases his wife or divorces her? If conspiring witnesses testify that a debtor who had a ten-year loan had a thirty-day loan, how is the payment for their punishment assessed? Both these cases are explained in the Mishna. Rav Yehuda says in the name of Rav that a ten-year loan is canceled when the shmita year arrives. Rav Kahana raises a difficulty on his statement from the Mishna as it implies that a ten-year loan can be collected. Rava resolves the contradiction. According to an alternative version of the sugya, Rav Yehuda said in the name of Rav the opposite - that a ten-year loan is collected. Rav Kahana supported his statement from our Mishna.Rava rejects the support from the Mishna. Rav Yehuda says in the name of Shmuel that if one loans another upon the condition that the shmita year not cancel the loan, the loan is canceled anyway as the condition is invalid. However, this contradicts a different statement of Shmuel regarding ona'ah, that a condition that goes against the Torah is valid if the issue relates to money. How is this resolved? Two other statements are brought by Rav Yehuda says in the name of Rav and Rav Kahana raises a difficulty against them - one about laws of Shabbat and one about laws of mikveh.