Mishnah 1
1)
(a)The Mishnah now discusses who does, and who does not, go into Galus. For which sin does one go into Galus?
(b)The three cases listed by the Mishnah that do go into Galus are where Shimon dies when Reuven is Me'agel be'Ma'gilah (and drops it on him), where he is lowering a barrel (and it slips and falls on him [See Tos. Yom-Tov DH 've'Naflah' & 'Yoreid']) or where he is descending a ladder and (slips and falls on him). What is the meaning of 'Me'agel be'Ma'gilah'?
(c)What if Reuven is drawing the roller towards himself, pulling the barrel (both in an upwards direction) or climbing the ladder, when the accident occurs?
(d)From which Pasuk in Mas'ei does the Mishnah learn that one is only Chayav if the death follows a downward 'stroke'?
(e)What is the Tana coming to teach us when he adds 'Zeh ha'Kelal: Kol she'be'Derech Yeridaso, Goleh ... '?
1)
(a)The Mishnah now discusses who does, and who does not, go into Galus. One goes into Galus - for killing someone be'Shogeg.
(b)The three cases listed by the Mishnah that do go into Galus are where Shimon dies when Reuven is Me'agel be'Ma'gilah - pushing a sort of roller [to smoothen the cement on the roof] away from him, in a downward direction, and it falls on Shimon), where he is lowering a barrel (and it slips and falls on him [See Tos. Yom-Tov DH 've'Naflah' & 'Yoreid']) or where he is descending a ladder and (slips and falls on him).
(c)If however, Reuven is drawing the roller towards himself, pulling the barrel (both in an upwards direction) or climbing the ladder, when the accident occurs - then he is Patur
(d)The Mishnah learns that one is only Chayav if the death follows a downward 'stroke' from the Pasuk in Mas'ei - "Vayapeil alav" (See Tos. Yom-Tov).
(e)And when the Tana adds 'Zeh ha'Kelal: Kol she'be'Derech Yeridaso, Goleh ... ', he is coming to teach us that - Reuven is Chayav Galus even if he performs the downward stroke in preparation of an upward one.
2)
(a)According to Rebbi, if the axe with which Reuven is chopping flies off the handle and kills Shimon, he is Patur. What do the Chachamim say?
(b)And what does each one hold in a case where a chunk of wood from the block that he is chopping flies up and kills Shimon?
(c)The source of both opinions is the Pasuk in Mishpatim "ve'Nashal ha'Barzel min ha'Eitz". How ...
1. ... does Rebbi translate this Pasuk?
2. ... do the Chachamim translate it?
(d)Based on which S'vara is Reuven Patur, according to the Chachamim?
(e)Like whom is the Halachah?
2)
(a)According to Rebbi, if the axe with which Reuven is chopping flies off the handle and kills Shimon, he is Patur. The Chachamim say that - he is Chayav.
(b)Whereas if it is a chunk of wood from the block that he is chopping that flies up and kills Shimon, Rebbi holds - Chayav, and the Chachamim - Patur.
(c)The source of both opinions is the Pasuk in Mishpatim "ve'Nashal ha'Barzel min ha'Eitz", which ...
1. ... Rebbi translates as - 'the metal causes the wood to fly up', and ...
2. ... the Chachamim as - 'the metal flies off the handle'.
(d)According to the Chachamim, Reuven is Patur - because it is considered Ko'ach Kocho (See Tos. Yom-Tov).
(e)The Halachah is - like the Chachamim.
Mishnah 2
3)
(a)If the stone that Reuven throws flies into the street, strikes Shimon and kills him, Reuven is Chayav. Why is this not considered Karov le'Meizid, in which case he ought to be Patur from Galus?
(b)How does Rebbi Eliezer ben Ya'akov qualify the current ruling?
(c)And what does he learn from the word "ba'Ya'ar" (in the Pasuk in Re'ei, in connection with someone who is Chayav Galus) "va'asher Yavo es Re'eihu ba'Ya'ar") regarding Reuven who throws a stone into his own Chatzer and kills Shimon?
3)
(a)The Tana maintains that if the stone that Reuven throws flies into the street, strikes Shimon and kills him, Reuven is Chayav. This is not considered Karov le'Meizid (in which case he ought to be Patur from Galus) - because it is speaking about a trash-heap on which people generally relieve themselves by night, and it is only occasionally that people use it during the day (which is when the accident took place).
(b)Rebbi Eliezer ben Ya'akov qualifies the current ruling - by confining it to where Shimon's head was there when Reuven threw the stone, but not if he came into view only after the stone left Reuven's hand.
(c)And he learns from the word "ba'Ya'ar" (in the Pasuk in Re'ei "va'asher Yavo es Re'eihu ba'Ya'ar") that if Reuven throws a stone into his own Chatzer and kills Shimon - he is Chayav, provided Shimon (See Tos. Yom-Tov), has permission to be there (just as both Reuven and Shimon have the right to be in the forest).
4)
(a)What does Aba Shaul say about a father who strikes his son and a Rebbe, his Talmid, and kills them?
(b)Which third case does he add to the list?
(c)What do they all have in common?
(d)From which Pasuk does Aba Shaul learn it?
4)
(a)Aba Shaul rules that if a father strikes his son (See Tos. Yom-Tov), a Rebbe, his Talmid, they are Patur from Galus, and ...
(b)... the same applies to a Shali'ach Beis-Din administering Malkos to a sinner (See Tos. Yom-Tov), and he dies in the process ...
(c)... since they are all performing a Mitzvah.
(d)He too, learns it - from "Ya'ar" (which one has permission to enter, but it is not a Mitzvah to do so).
Mishnah 3
5)
(a)The Mishnah rules that a father goes into Galus for killing his son be'Shogeg and so does a son who kills his father. How do we establish the Mishnah, to reconcile the first ruling with the previous Mishnah, which exempts a father from Galus?
(b)When the Tana writes that everyone goes into Galus for killing a Yisrael and vice-versa, who is he coming to include?
(c)The one exception is a Ger Toshav. What is a 'Ger Toshav'?
(d)What happens to a Ger Toshav who kills a Yisrael be'Shogeg?
(e)On what condition does a Ger Toshav go into Galus?
5)
(a)The Mishnah rules that a father goes into Galus for killing his son be'Shogeg and so does a son who kills his father. To reconcile the first ruling with the previous Mishnah (which exempted a father from Galus), we establish this Mishnah - where the father struck his son for a reason other than to teach him Torah, Musar or a trade (See Tos. Yom-Tov).
(b)When the Tana writes that everyone goes into Galus for killing a Yisrael and vice-versa, he is coming to include - an Eved (Cana'ani) and a Kuti.
(c)The one exception is a Ger Toshav - a Nochri who lives among us and who undertakes not to worship idols.
(d)A Ger Toshav who kills a Yisrael be'Shogeg - is Chayav Misah (See Tos. Yom-Tov).
(e)He does go into Galus however - if he kills another Ger Toshav be'Shogeg (See Tos. Yom-Tov).
6)
(a)What does Rebbi Yehudah learn from the Pasuk in Masei "be'Lo Re'os"?
(b)How does Rebbi Meir learn from the same Pasuk?
(c)Like whom is the Halachah?
6)
(a)Rebbi Yehudah learns from the Pasuk in Masei "be'Lo Re'os" - that a blind man is not subject to Galus (See Tos. Yom-Tov).
(b)Rebbi Meir learns from the same Pasuk that - he is (See Tos. Yom-Tov).
(c)The Halachah is - like Rebbi Yehudah.
7)
(a)The Mishnah now discusses a Sonei. What is the definition of a 'Sonei'?
(b)The Tana Kama rules that he does not go into Galus. What are the ramifications of this ruling?
(c)Why is that?
(d)Rebbi Yossi (or Rebbi Yossi b'Rebbi Yehudah) is even more stringent. What does he say?
(e)How does he explain this, bearing in mind that he did nor receive warning?
7)
(a)The Mishnah now discusses a 'Sonei' - someone to whom one has not spoken for three days, because he is on bad terms with him.
(b)The Tana Kama rules that he does not go into Galus - and is therefore at the mercy of the Go'el ha'Dam ...
(c)The reason for this is - because he has a Chazakah of being Karov le'Meizid.
(d)According to Rebbi Yossi (or Rebbi Yossi b'Rebbi Yehudah) - he is Chayav Misah ...
(e)... despite the fact that he was not warned - because he holds that a hater is already considered warned.
8)
(a)Rebbi Shimon makes a compromise. On what condition does he say that a Sonei goes into Galus?
(b)Like whom is the Halachah?
8)
(a)Rebbi Shimon makes a compromise. He maintains that a Sonei goes into Galus - provided it is reasonable to assume that he did not intend to kill (See Tos. Yom-Tov).
(b)The Halachah is - like the Tana Kama.
Mishnah 4
9)
(a)How many Arei Miklat does the Mishnah list?
(b)He divides them into two groups of three. Where was each group situated?
(c)The source for this division is the Pasuk in Bamidbar 35. What is the source for this division?
(d)How do we reconcile all this with the fact that the remaining towns of the Levi'im were also Arei Miklat (See Tos. Yom-Tov)?
(e)How many other towns were there?
9)
(a)The Mishnah lists - six Arei Miklat.
(b)He divides them into two groups of three - one group in Eiver ha'Yarden and the other in Eretz Cana'an.
(c)The source for this division is - the Pasuk in Bamidbar (35:13 & 14).
(d)To reconcile all this with the fact that the remaining towns of the Levi'im were also Arei Miklat - we establish our Mishnah even where the 'murderer arrives there without realizing where he is (which is not the case by the other towns).
(e)There were - forty two other towns.
10)
(a)When did the three towns of refuge in Eiver ha'Yarden, which were the first to be designated (by Moshe Rabeinu), come into effect?
(b)From which Pasuk there does the Mishnah learn this?
10)
(a)The three towns of refuge in Eiver ha'Yarden, which were the first to be designated (by Moshe Rabeinu), only came into effect - when those in Eretz Yisrael did (See Tos. Yom-Tov).
(b)The Mishnah learns this from the Pasuk there "Sheish Arei Miklat Tiheyehah" (implying that all six must come into effect simultaneously).
Mishnah 5
11)
(a)What does the Tana learn from the Pasuk in Re'ei "Tachin l'cha ha'Derech"?
(b)Why do Beis-Din see fit to appoint two Talmidei-Chachamim to accompany 'the murderer' when he runs to the Ir Miklat (See Tos. Yom-Tov)?
(c)What do they say to the Go'el ha'Dam, in the event that he catches up with them?
(d)What does Rebbi Meir say?
(e)From which Pasuk there does he learn it?
11)
(a)The Tana learns from the Pasuk in Re'ei "Tachin l'cha ha'Derech" that - every crossroads has to be signposted with the road leading to the Ir of refuge marked 'Miklat' pointing in the right direction.
(b)Beis-Din see fit to appoint two Talmidei-Chachamim to accompany 'the murderer' when he runs to the Ir Miklat (See Tos. Yom-Tov) - to dissuade the Go'el ha'Dam from killing him.
(c)In the event that he catches up with them, they plead with him to have mercy with him, seeing as he killed his relative unintentionally.
(d)Rebbi Meir disagrees maintains that - the murderer must speak for himself.
(e)... and he learns it from the Pasuk (there) "ve'Zeh D'var ha'Rotze'ach".
Mishnah 6
12)
(a)What does Rebbi Yossi b'Rebbi Yehudah say (See Tos. Yom-Tov) about someone who killed be'Meizid (in connection with the Arei Miklat)?
(b)What happens next?
(c)What does the Tana learn from the Pasuk in Mas'ei "Veheishivu oso ha'Eidah el Ir Miklato"?
12)
(a)Rebbi Yossi b'Rebbi Yehudah (See Tos. Yom-Tov) rules that someone who kills be'Meizid, as well as someone who killed be'Shogeg - must run to an Ir Miklat (Ibid.).
(b)Beis-Din then judge his case - if he killed be'Meizid, he is sentenced to death, if he is not, they release him, and if he killed be'Shogeg, they return him to the Ir Miklat (See Tos. Yom-Tov).
(c)The Tana learns this latter ruling from the Pasuk in Mas'ei "Veheishivu oso ha'Eidah el Ir Miklato".
13)
(a)Both a Kohen Gadol who is anointed with the Shemen ha'Mishchah, and one who is inaugurated by wearing the eight Bigdei Kehunah release the murderers from the Arei Miklat when they die. On what grounds are the Kohanim Gedolim anointed using the second method?
(b)Which third kind of Kohen Gadol does the Tana list who set the murderers free?
(c)What is the source for this ruling?
13)
(a)Both a Kohen Gadol who is anointed with the Shemen ha'Mishchah, and one who is inaugurated by wearing the eight Bigdei Kehunah release the murderers from the Arei Miklat when they die. The second method was introduced - after the bottle of anointing oil was hidden (by King Yoshiyahu, towards the end of the first Beis-ha'Mikdash era)
(b)The third kind of Kohen Gadol listed by the Tana to set the murderers free - is one who stands in for the Kohen Gadol one year (in the event that he becomes a Ba'al Keri) and then stands down.
(c)The source for this ruling is - the three times the Torah writes "Kohen Gadol" in Mas'ei.
14)
(a)Rebbi Yehudah adds a fourth Kohen Gadol to the list. Who is it?
(b)And he learns this from another Pasuk there "ad Mos ha'Kohen". On what grounds does the Tana Kama refute that source?
(c)Like whom is the Halachah?
14)
(a)Rebbi Yehudah adds to the list - a Kohen Gadol for war.
(b)And he learns this from another Pasuk there "ad Mos ha'Kohen". the Tana Kama refutes that source however - since the Torah omits the word 'Gadol' there (See Tos. Yom-Tov).
(c)The Halachah is - like the Tana Kama.
15)
(a)What did the mothers of the Kohanim Gedolim used to do?
(b)Why did they do that?
(c)Why might their Tefilos be effective? What did the Kohanim do to deserve it?
15)
(a)The mothers of the Kohanim Gedolim - used to -distribute food and clothes to the murderers ...
(b)... to prevent them from Davening that their children should die.
(c)Their Tefilos might well be effective - since the Kohen Gadol is partially to blame for the accident, seeing as, had *he* Davened that no such mishap should occur in K'lal Yisrael, they would not have occurred (See Tos. Yom-Tov).
16)
(a)What does the Mishnah say about a murderer whose Din is concluded ...
1. ... only after a new Kohen Gadol has been appointed?
2. ... between the death of one Kohen Gadol and the appointment of the next one?
(b)What is the reason for the former ruling?
16)
(a)The Mishnah rules that if the Din of a murderer is concluded ...
1. ... before a new Kohen Gadol has been appointed - then he is Patur from Galus.
2. ... between the death of one Kohen Gadol and the appointment of the next one - he is obligated to run to the Ir Miklat and to remain there until the new Kohen Gadol dies (See Tos. Yom-Tov).
(b)The reason for the former ruling is because - once his sentence has passed, it is considered as if he actually went into Galus (See Tos. Yom-Tov).
Mishnah 7
17)
(a)What does the Tana then say about a murderer whose sentence is passed when there is no Kohen Gadol, or someone who inadvertently kills a Kohen Gadol?
(b)Which third case does he include in the current list?
(c)What does the Mishnah say about a murderer leaving the Ir Miklat should he be needed to testify for a Mitzvah? Which Mitzvah is the Tana referring to?
(d)And what if he is needed to testify in a case concerning ...
1. ... Dinei Mamonos?
2. ... Dinei Nefashos?
17)
(a)The Tana then rules that a murderer whose sentence is passed when there is no Kohen Gadol or someone who inadvertently kills a Kohen Gadol - runs to an Ir Miklat where he must remain until he dies ...
(b)... and the same applies to a Kohen Gadol who kills somebody else be'Shogeg.
(c)The Mishnah forbids a murderer to leave the Ir Miklat even if he is needed to testify for a Mitzvah - to testify in Beis-Din that he saw the new moon ...
(d)... and the same will apply where he is called upon to testify in a case concerning ...
1. ... Dinei Mamonos or ...
2. ... Dinei Nefashos.
18)
(a)The Tana incorporates in the current list a person whom K'lal Yisrael needs. What do they need him for?
(b)What example does the Tana present of such a person?
(c)And he learns it from the Pasuk there "Asher Nas Shamah". Which two things, besides 'Sham T'hei Diraso (there he shall reside)' does he learn from there?
18)
(a)The Tana incorporates in the current list a person whom K'lal Yisrael needs - to lead the army into battle ...
(b)... like Yo'av ben Tzeruyah (commander-in-chief of David ha'Melech's army).
(c)And he learns it from the Pasuk there "Asher Nas Shamah", from which he Darshens 'Sham t'hei Diraso (there he shall reside) - Sham t'hei Misaso, Sham t'hei Kevuraso'.
19)
(a)If a Rotzei'ach leaves the Ir Miklat, and the Go'el ha'Dam finds him, Rebbi Yossi ha'Gelili holds that it is a Mitzvah for the latter to kill him. What does he say about others killing him?
(b)What does Rebbi Akiva say about ...
1. ... the Go'el ha'Dam?
2. ... anybody else (based on the Pasuk "Ein lo Dam" [See Tos. Yom-Tov])?
(c)Like whom is the Halachah?
(d)On what condition is anyone who finds him and kills him, Chayav?
19)
(a)If a Rotzei'ach leaves the Ir Miklat, and the Go'el ha'Dam finds him, Rebbi Yossi ha'Gelili holds that it is a Mitzvah for the latter to kill him (See Tos. Yom-Tov) - whereas others are permitted to do so.
(b)According to Rebbi Akiva ...
1. ... the Go'el ha'Dam is permitted to kill him, and ...
2. ... (based on the Pasuk "Ein lo Dam" [See Tos. Yom-Tov]), anybody else - is not Chayav if he doe(See Tos. Yom-Tov).
(c)The Halachah is - like Rebbi Akiva.
(d)Anyone who finds him and kills him is Chayav however - if he left the Ir Miklat inadvertently.
20)
(a)What does the Mishnah say about the murderer who is standing underneath a tree that is outside the border of the Ir Miklat, even though the branch is inside or vice-versa?
(b)How do we interpret this statement?
(c)What will the Din therefore be if he is standing outside the border beside ...
1. ... the branch of a tree that is inside?
2. ... a tree whose branches are inside?
(d)What is the Din regarding ...
1. ... a murderer who kills be'Shogeg inside the Ir Miklat?
2. ... a Levi who kills be'Shogeg inside the Ir Miklat in which he resides?
20)
(a)If the murderer is standing underneath a tree that is outside the border of the Ir Miklat, even though the branch is inside or vice-versa - the branch determines whether he is considered inside or outside the city.
(b)We interpret his statement to mean (not after the branch exclusively, but) - also after the branch [See Tos. Yom-Tov]). Consequently ...
(c)... whether he is standing outside the border beside ...
1. ... the branch of a tree that is inside, or beside
2. ... a tree whose branches are inside - whoever kills him is Chayav.
(d)The Din regarding ...
1. ... a murderer who kills be'Shogeg inside the Ir Miklat is that - he is obligated to move to another district in the same town (See Tos. Yom-Tov), whereas ...
2. ... a Levi who kills be'Shogeg inside the Ir Miklat in which he resides - must run to another Ir Miklat.
Mishnah 8
21)
(a)The Mishnah says that similarly (See Tos. Yom-Tov), a murderer whom the residents of the town wish to honor, should inform them that he a murderer. On which Pasuk in Re'ei is this ruling based?
(b)On what condition is he nevertheless permitted to accept their offer?
21)
(a)The Mishnah rules that similarly (See Tos. Yom-Tov), a murderer whom the residents of the town wish to honor, should inform them that he a murderer, based on the Pasuk in Re'ei - "ve'Zeh *D'var* ha'Rotze'ach".
(b)Nevertheless, he is then permitted to accept it - provided they insist that 'the offer remains open, in spite of it'.
22)
(a)Rebbi Yehudah maintains that the murderers has to pay rent to the owners of the houses in which they live. Which towns is he referring to?
(b)What does Rebbi Meir say?
(c)What do both Tana'im hold regarding the six initial towns that they designated?
22)
(a)Rebbi Yehudah maintains that the murderers have to pay rent to the owners of the houses in which they live - specifically in one of the forty-two towns that were added later.
(b)According to Rebbi Meir - they do not.
(c)Both Tana'im hold however, that regarding the six initial towns that they designated - the murderers are not required to pay rent (See Tos. Yom-Tov).
23)
(a)What does Rebbi Meir say (in connection with regaining one's previous position), based on the Pasuk in B'har "ve'Shav el Mishpachto ve'el Achuzas Avosav"?
(b)What does Rebbi Yehudah say?
(c)How does he explain the Pasuk in B'har?
(d)Like whom is the Halachah?
23)
(a)Based on the Pasuk in B'har "ve'Shav el Mishpachto ve'el Achuzas Avosav" (See Tos. Yom-Tov DH 'Rebbi Yehudah Omer'), Rebbi Meir says that - when a murderer returns home, he is entitled to regain his previous position (See Tos. Yom-Tov), as well as any position that he inherits from his father.
(b)According to Rebbi Yehudah - he is not.
(c)He explains the Pasuk in B'har to mean - that although he returns to his family, he does not return to the position of his fathers.
(d)The Halachah is - like Rebbi Meir (See also Tos. Yom-Tov).
