Makkot 2 - April 10, 12 Nisan

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.

Makkot bookmark Masechet Makkot is sponsored by Terri Krivosha and Rabbi Hayim Herring in loving memory of Terri’s father Judge Norman Krivosha, Nachum Meir ben David Beer v’Malka, on his 4th yahrzeit, and in honor of Dr. Judith Hauptman. "Our dad instilled in us a lifelong love of learning and in honor of Dr. Judith Hauptman, their first Talmud teacher and one of the pioneers who opened the doors of Talmud study to women." There are certain exceptions to the rule when conspiring witnesses (eidim zomemim) do not receive the punishment “that they tried to do to their brother.” In those cases, they receive lashes. For example, if they testify about the status of a person (about a kohen that his father married a divorcee) or that a person killed accidentally and should go to the refuge city. Why does the masechet begin with an exception to the rule, instead of beginning with the basic rule of conspiring witnesses? From where is it derived that in the two cases in the Mishna, conspiring witnesses do not receive the punishment “as he tried to do to his brother?” For each case, two suggestions are brought - one a drasha from a verse and the other a kal v'chomer argument. In both cases, the kal v'chomer argument is rejected. Where can one find an allusion in the Torah for the ruling that conspiring witnesses receive lashes in exceptional cases?  A braita is quoted which adds two more exceptions to the rule where the conspiring witnesses do not receive the punishment that they tried to bring upon the defendant. 

Siyum Sanhedrin is sponsored in loving memory of Anita Dinerstein by her children and grandchildren on her second yahrzeit. "Her dedication to learning, interpersonal connection and creation of community has been a model for us as we have learned Sanhedrin and the rest of Nezikin." Siyum Sanhedrin is sponsored by Jeff and Jill Shames in memory of Jill's mother, Seena Baker, שפרה בת ברכה וזאלה. Ten years on, love beyond words from your children, your children's children and your children's children's children. What happens to all the items in a city of idol worshippers that have some level of sanctity to them? Can the destroyed idolatrous city be used for gardens and fields or can it never be rebuilt for any purpose? The city of Jericho can also never be rebuilt. In the book of Kings, it is told that Chial rebuilt Jericho and his sons were killed, as per Joshua's curse. The Gemara explains that he rebuilt a different city but called it Jericho, which was forbidden as well. This story was a lead-in to the drought in the time of Achav when Eliahu received the "key" for rain from God and brought a drought. How did God manage to get the key back from Eliyahu and end the drought? The masechet ends with a discussion of righteous and evil people and their effects on the world.

Introduction to Masechet Makkot

Today's daf is sponsored by Tina and Shalom Lamm on the occasion of the brit and naming of their new grandson, Naveh Shimshon, born to their children, Peninah and Eitan Kaplansky. The Gemara delves into various issues regarding an "ir hanidachat," idolatrous city. Can a city become an idolatrous city if there was no subverted, but they decided on their own? If individuals get stoned, but if the majority of the city is convicted, they get killed by the sword, how does the court rule on the first half of the inhabitants before it is clear that the majority of the inhabitants will be guilty? Temporary residents are also considered part of the city, but how long do they need to live there to be considered temporary residents? Even though the righteous people of the city are not killed, their possessions are destroyed. What is the difference between the possessions of the righteous people and those of the idol worshippers different and how are there laws derived from the Devarim 13:16? Rav Chisda ruled that deposits of inhabitants are not burned. To what is he referring? If there is no square in the town, Rabbi Akiva and Rabbi Yismael disagree about whether or not the city can be judged as idolatrous city. How does each derive their position from the verse in the Torah? The Mishna explained what is done with various sanctified items in the city - whether animals designated for sacrifices, second tithe produce and others. The Gemara brings a braita that expands on this list. What are animals designated for sacrificed left to die and cannot be redeemed and the money used so sacrifices? Rabbi Yochanan and Reish Lakish each bring a different answer to this question. The first explanation of Reish Lakish is rejected and an alternative is suggested. Why didn't each one hold by the other's position? In the braita, Rabbi Shimon excludes firstborn animals and tithed animals from the burning. Is this referring to unblemished or blemished animals? Ravina and Shmuel each take a different position on this.

Today's daf is sponsored by Rikki and Alan Zibitt in loving memory of their mothers, Helen Zibitt, Hena bat Yaacov v' Rachel Leah, whose 20th yahrzeit was 28 Adar and Friedl bat Meir v' Rivkah, whose 10th yahrzeit is 9 Nisan. "They were true Women of Valor, who lived lives of hesed, loshon tov and ahavat Yisrael. We miss them every day! May their neshamot have the highest aliyah." Rabbi Yochanan and Reish Lakish disagree about how to understand three different verses relating to Gehenom and the final redemption - Reish Lakish interprets them all harshly and rabbi Yochanan more leniently. The language of redemption used in the Torah describes both getting out of Egypt and coming into the land of Israel. Rabbi Simai makes a heikesh - just like the Jews entered the land with only two out of the 600,000 that came out of Egypt, they also came out of Egypt with the same percentage of people that were there. If 600,000 came out, it must be that there were 180 billion people there, and they died before the Exodus. The same will hold e for the days of the Messiah, as is derived from Hosea 2:17. Two situations are described in which Moshe is critical of God. The people of a wayward city, that were convinced by members of their city to worship idols, do not have a share in the World-to-Come. The halakhic details of this city are discussed.