1)

Seeing as there was no warning, why do Beis-Din hand over the murderer to the Go'el ha'Dam?

1.

Ha'amek Davar: Because, besides being a hater, he also lay in wait for his victim 1 leaving no room for doubt that he killed him be'Meizid.

1

Ha'amek Davar: Otherwise, they would do nothing and let matters take their own course.

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