What are the connotations of "ve'Shaftu ha'Eidah" in Pasuk 24 and "Vehitzilu ha'Eidah" in the current Pasuk?
Rashi (in Kesuvos, 15a): "ve'Shaftu ha'Eidah" combined with "ve'Hitzilu ha'Eidah" teaches us the principle 'Safek Nefashos Lehakeil' - If a Safek occurs in a Din concerning the death-sentence, Beis-Din rule leniently. 1
Rosh Hashanah, 26a: Since Beis-Din is obligated to try and save the murderer from the death-sentence, a Dayan who witnesses a murder, cannot serve as a Dayan - 'Ein Eid Na'aseh Dayan' - because since he saw him murder, he is no longer capable of accepting anything on his favor. 2
Makos, 9b & 10b: It teaches us that Beis-Din are obligated to try and save the murderer from the Go'el ha'Dam. Consequently, whoever kills a person runs to the Arei Miklat, from where the Sheluchei Beis-Din Beis-Din escort him to Beis Din to ascertai whether he killed be'Meizid - in which case they sentence him to death ("Veshaftu ha'Eidah") whether he is innocent - in which case they send him home ("Vehitzilu ha'Eidah"), or whether he killed be'Shogeg - in which case the Sheluchei Beis-Din escort him back to the Ir Miklat ("Veheishivu oso ha'Eidah ... "). 3
Yerushalmi Sanhedrin, 3:9: "ve'Shaftu ha'Eidah" disqualifies Dayanim who are related to the Rotze'ach from ruling Dinei Nefashos, and "Vehitzilu ha'Eidah", Dayanim who are related to the victim. 4
Why are the implications of the (otherwise superfluous) words "asher Nas Shamah"?
Makos, 11a: It implies that the murderer is forbidden to leave the precincts of the Ir Miklat - even to testify on behalf of a litigant or in a matter concerning the death-sentence, even if Yisrael need him - such as Yo'av ben Tzeruyah, the commander-in-chief of the army of Yisrael. Moreover 'There he will die and there he will be buried'. 1
See Torah Temimah, note 55, who elaborates..
What is the connection between the Kohen Gadol and the murderer?
Rashi #1: It is not fitting for the murderer, who comes to cut short people's lives, to live together with the Kohen Gadol, who comes to bring the Shechinah down into the midst of Yisrael - to cause them to live longer.
Rashi #2 and Targum Yonasan: The Kohen Gadol 1 ought to have Davened (in the Kodesh Kodshim on Yom Kipur 2 - Targum Yonasan) that such mishaps 3 should not occur in Yisrael during his tenure 4 (and because he failed to Daven on Yom Kipur, he will die that year - Targum Yonasan). 5
Seforno: Bearing in mind that Galus atones for Shogeg, not all cases of Shogeg are of equal severity - some are more guilty, others less. Consequently, each murderer requires a time-period in Galus that fits his sin. And Hashem achieves this by arranging the deaths to occur at different stages, 6 some closer to the death of the Kohen Gadol, others, further away, whereas yet others die in Galus before the Kohen Gadol.
Hadar Zekenim and Da'as Zekenim (in Pasuk 28): The murderer may not leave the Ir Miklat during the lifetime of the Kohen Gadol, 7 so that people should not say 'Have you seen this murderer, and the Kohen Gadol does not take revenge on him? And it is incumbent upon the Kohen to do so, as the Torah writes in Shoftim Devarim, 17:9 ? "u'Vasa el ha'Kohanim ve'el ha'Shofet ... ".' 8
See Sifsei Chachamim.
Because had he done so, it would not have happened.
Targum Yonasan: Or either of the other two cardinal sins - idolatry and adultery.
Targum Yonasan: And had he Davened, his Tefilos might well have borne fruit.
The opinion in Makos, 11a, that the mothers of the Kohanim Gedolim would distribute food and clothes to the murderers ? to prompt them to Daven that their sons should not die, follows Targum Yonasan. All agree that a murderer goes free after the death of a Mashu'ach she'Avar (the S'gan who once substituted for the Kohen Gadol on Yom Kipur), or a Kohen appointed before the murderer was sentenced, even if he did not serve on the preious Yom Kipur. Also, were there no Shogeg murders all his years, just in his last year, it became rampant?! There were only nine Kohanim Gedolim in Bayis Rishon (Tosfos Yoma 9a DH ve'Lo, based on Yoma 9a and Divrei ha'Yamim 1:5:36-41). On the average, each served over forty-five years. There were three special Arei Miklat in Eiver ha'Yarden due to the many Shogeg murders there (Makos 9b)! How could he not Daven in his last year, knowing that this will cause his death and so many others?! And if Hashem caused him to forget, he cannot be tken to task for that! ? PF). Refer also to answer #3..
Seforno: As the Torah writes in Mishpatim Sh'mos, 21:13 "ve'ha'Elokim Inah le'Yado". Refer to Sh'mos 21:13:3:1*.
After his death, there is no basis to critise his successor, since he was not the Kohen Gadol at the time of the murder.
Both the Hadar Zekenim and the Da'as Zekenim cite the Pasuk ("u'Vasa el ha'Kohen?" in Devarim 26:3, which discusses Bikurim); it seems that this is a printing mistake. Also "u'Vasa el ha'Kohanim" discusses Zaken Mamrei, and not killing murderers, but it does call the Kohen a Shofet (PF). It is not clear however, why they will point a finger at th Kohen Gadol more than at the members of the Sanhedrin.
Which Kohen Gadol is the Pasuk referring to?
Makos 11a: To the Kohen Gadol who was anointed with the anointing oil. 1
Since when does the murderer anoint the Kohen Gadol?
Rashi #1: It is a 'short Pasuk', which is missing a word - as if it had written 'Asher Mashach ha'Moshe'ach' Oso' (the one who anointed him).
Rashi #2 (citing Makos, 11b): Because if the Kohen Gadol dies and they appoint a replacement before the conclusion of the murderer's sentence in Beis-Din, he may only leave the Ir Miklat when the second Kohen Gadol dies (and the Pasuk is referring to the Kohen Gadol who was anointed at the time of his sentence. 1
See Torah Temimah, note 58.
