POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
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Previous daf Makos 7
1) IS THE AREV A PARTY TO THE CASE?
(a) Ila'a and Tuvya were relatives of the Arev (cosigner) of
2) SANHEDRIN IN CHUTZ LA'ARETZ
(b) (Rav Papa): Since they are not relatives of the lender or
borrower, they may testify about the loan.
(c) Rejection (Rav Huna brei d'Rav Yehoshua): If the borrower
cannot pay, the lender collects from the Arev (therefore,
they are relatives of a party in the case, they cannot
(a) (Mishnah): If Beis Din sentenced Ploni to die and he
fled, and he came before the same Beis Din again, the
verdict stands, we do not judge him again.
3) HOW OFTEN SANHEDRIN SHOULD KILL
(b) If two witnesses testify in any Beis Din that Ploni was
sentenced in Almoni's Beis Din, based on testimony of
Reuven and Moshe, we kill him.
(c) Sanhedriyos in Chutz la'Aretz are also authorized to
(d) A Sanhedrin that kills one person in seven years is
(e) R. Eliezer ben Azaryah says, once in 70 years.
(f) R. Tarfon and R. Akiva say, had we sat on the Sanhedrin,
no one would ever have been killed;
(g) R. Shimon ben Gamliel says, that is improper, people
would not fear Beis Din and murders would increase!
(h) (Gemara) Inference: In front of the same Beis Din again,
the verdict stands - but if he came before a different
Beis Din again, we judge him again;
1. Contradiction (the next clause): If two witnesses
testify in any Beis Din that Ploni was sentenced in
Almoni's Beis Din, based on testimony of Reuven and
Moshe, we kill him.
(i) Resolution (Abaye): In Chutz la'Aretz the verdict stands,
in Eretz Yisrael it does not.
1. (Beraisa - R. Dostai): If Ploni was sentenced in
Eretz Yisrael and fled to Chutz la'Aretz, the
(j) (Mishnah): Sanhedriyos in Chutz la'Aretz are also
authorized to execute people.
2. If he was sentenced in Chutz la'Aretz and fled to
Eretz Yisrael, we judge him again, perhaps the merit
of Eretz Yisrael will help find a reason to acquit
(k) Question: What is the source of this?
(l) Answer: "L'Chukas Mishpat l'Doroseichem (b'Chol
(m) Question: If so, what do we learn from "B'Chol
(n) Answer: In She'arecha (Eretz Yisrael) we establish
Sanhedriyos in every Pelech (group of cities) and in
every city, in Chutz la'Aretz we establish a Sanhedrin in
every Pelech, not in every city.
(a) (Mishnah): A Sanhedrin that kills...(R. Eliezer ben
Azaryah says, once in 70 years).
***** PEREK ElU HEN HA'GOLIN ****
(b) Question: Does R. Eliezer ben Azaryah mean, even once in
70 years is brutal, or, this is a proper frequency?
(c) This question is unsettled.
(d) (Mishnah - R. Tarfon and R. Akiva): Had we sat...
(e) Question: How would they exempt everyone?
(f) Answer #1 (R. Yochanan and R. Elazar): They would ask the
witnesses 'Did you check (after the murder) if the victim
was Treifah (apart from the murder) or not?'
(g) Answer #2 (Rav Ashi): If the witnesses said that he was
not Treifah, they would ask 'Perhaps there was a hole
where the murderer inserted the knife!' (Ramban - this
means, perhaps there was a hole which you could have seen
if you lifted up his clothing before the stabbing, surely
they do not refer to an internal hole which witnesses
could never know about. R. Tam - if they do not know, the
testimony is invalid; Tosfos - if they do not know, the
testimony is valid - they would ask a barrage of
questions, almost certainly the witnesses would
contradict each other about something, invalidating the
(h) Question: In a case of Arayos, what would they ask?
(i) Answer (Abaye and Rava): They would ask if they
explicitly saw the contact of the genitals (witnesses
would never look so closely).
(j) Question: What do Chachamim (who argue with R. Tarfon and
R. Akiva) consider sufficient testimony of relations?
(k) Answer: As Shmuel said - if they acted (lied together)
4) WHO GOES TO GALUS
(a) One who killed b'Shogeg goes to Galus in the following
1. He was pushing a Ma'agilah (a block or roller) to
plaster the roof, it fell from his hands and killed
someone (Rashi - the mortar is thickest in the
middle of the roof, so he was pushing it down a
(b) He does not he goes to Galus if he killed when:
2. He was lowering a barrel, it fell from his hands and
3. He was going down a ladder, he fell and killed
1. He was pulling a Ma'agilah back to himself, and it
2. He was raising a barrel, the rope snapped, the
5) ALIYAH AND YERIDAH
3. He was ascending a ladder, he fell.
(c) The general rule is:
1. Anything done Derech Yeridah (in a downward motion),
if he killed he goes to Galus;
2. Anything not done Derech Yeridah, he does not go to
(d) (Gemara) Question: What is the source of this?
(e) Answer (Shmuel): "Va'Yipol Alav va'Yamos" - he only he
goes to Galus if the accident happened (when he was
engaging in a downward motion,) the way things fall.
(f) (Beraisa): "Bi'Shgagah" - this excludes Mezid; "Bi'Vli
Da'as" - this excludes one who intended.
(g) Objection: If he was Mezid, obviously he does not go to
Galus, he is killed (Tosfos - by Beis Din - a different
verse teaches about Mezid without warning; Ritva - even
if he is not killed, even if he was Karov l'Mezid, surely
he does not go to Galus!
(h) Answer (Rava): It means, this excludes Omer Mutar (he
thought that murder is permitted)
(i) Question (Abaye): Omer Mutar is Ones!
(j) Answer (Rava): I say that it is close to Mezid.
(k) (Beraisa): "Bi'Vli Da'as" - this excludes one who
(l) Objection: If he intended, he is killed, obviously he
does not goes to Galus!
(m) Answer (Rabah): It excludes one who intended to kill an
animal, a Nochri or a Nefel, and killed a viable Yisrael.
(n) (Beraisa): "V'Im b'Fesa" - this excludes one who (was
carrying a knife and) killed when he turned a corner (he
did not see the victim in time); "B'Lo Eivah" - this
excludes if he hated the victim;
1. "Hadafo" - his body pushed him; "O Hishlich Alav" -
this includes Yeridah for the sake of Aliyah (an
2. "B'Lo Tzediyah" - this excludes one who intended to
throw in one direction, and it went in another
3. "Va'Asher Lo Tzadah" - this excludes one who
intended to throw two Amos, and it went four Amos.
4. "Va'Asher Yavo Es Re'ehu va'Ya'ar" - Galus only
applies when the killer and victim both were allowed
to be there, like in a forest.
(a) Question (R. Avahu): If he was ascending a ladder and the
rung fell and *it* killed someone, what is the law?
6) THE CASE OF THE TORAH
1. Is this considered Aliyah (because he was
ascending), or Yeridah (when he steps on a rung, it
sags a bit)?
(b) Answer (R. Yochanan): This is Yeridah for the sake of
Aliyah (the Beraisa says, he goes to Galus for this).
(c) Question (Mishnah): The general rule is: anything done
Derech Yeridah, he goes to Galus; anything not Derech
Yeridah, he does not go to Galus.
1. Question: What does the latter clause come to
(d) Answer (and Answer #2 to Question 1): Likewise, the
latter clause includes someone chopping (Aliyah for the
sake of Yeridah, he does not goes to Galus).
2. Answer #1: It includes R. Avahu's case!
3. Counter-question: What does 'Anything done Derech
Yeridah' come to include?
4. Answer: You must say, it includes someone chopping
meat (Yeridah for the sake of Aliyah, as we will
(e) A butcher was chopping meat, and he killed:
1. (Beraisa #1): If this was while he was swinging in
front (of himself), he is liable (goes to Galus), in
back he is exempt;
(f) Suggestion: Tana'im argue about R. Avahu's case.
2. (Beraisa #2): In front, he is exempt, in back he is
3. (Beraisa #3): Whether in front or in back, he is
4. (Beraisa #4): Whether in front or in back, he is
5. Version #1 (Rashi) Resolution: Wherever it says that
he is liable, the case is, he was swinging down;
wherever it says that he is exempt, he was swinging
up. (E.g. Beraisa #1 obligates in front - he was
swinging down; it exempts in back - he was swinging
up (even though this was for the sake of Yeridah, to
chop down strongly in front).)
6. Version #2 (Rambam): If he killed while swinging
back, he is exempt; if he killed while swinging
forward, he goes to Galus. (E.g. Beraisa #1
obligates in front - the end of a forward swing; it
exempts in back - the end of a backward swing.)
1. (Beraisa #1): A man was ascending a ladder, the rung
fell - he is liable.
(g) Rejection #1: No, both consider it Aliyah (Tosfos - both
discuss a strong rung that does not sag, it is pure
2. (Beraisa #2): He is exempt.
3. Suggestion: The first Tana considers this Yeridah,
the second Tana considers it Aliyah!
1. Beraisa #1 obligates for damages (if the victim did
not die), Beraisa #2 exempts from Galus.
(h) Version #1 (our text) Rejection #2: Both Beraisos discuss
Galus - Beraisa #1 is when the rung was wormy (therefore,
it sags down we he steps on it, this is considered
Yeridah), Beraisa #2 is when the rung was strong.
(i) Version #2 (Rambam's text) Rejection #2: Both Beraisos
discuss damages - Beraisa #1 is when the rung was weak or
not taut, Beraisa #2 is when it was strong, it fell
because it became wormy (this is Ones).
(j) Rejection #3: In both Beraisos it was not wormy - Beraisa
#1 is when the rung was loose (it sags), Beraisa #2 is
when it was taut.
(a) (Mishnah - Rebbi): (Reuven was chopping;) if the blade
slipped off the wood, and killed, Reuven does not go to
1. Chachamim say, he goes to Galus;
(b) Rebbi says, if a piece of the wood he was chopping flew
off and killed, he goes to Galus;
1. Chachamim say, he does not go to Galus.
(c) (Gemara - Beraisa - Rebbi (to Chachamim)): It does not
say 'V'Nashal ha'Barzel *me'Etzo* (*its* wood, i.e. the
handle)', rather, "Min ha'Etz" (the wood, i.e. what he
1. Also - it says 'Ha'Etz" twice - just as the first
time it refers to the wood he was chopping, also the
(d) (R. Chiya bar Aba): Both learn from the verse "'V'Nashal
ha'Barzel Min ha'Etz" - Rebbi holds, Yesh Em l'Masores
(we expound the way a verse is written. Rashi - V'Nashal
is written without an Aleph, so) we can read "V'Nishal"
(the ax *caused* (a piece of) wood to come off);
1. Chachamim hold, Yesh Em l'Mikra (we expound the way
we read (pronounce) a verse -) we read it "V'Nashal"
(the wood itself came off).
(e) Question: But Rebbi (normally) holds Yesh Em l'Mikra!
1. (Rav Yitzchak bar Yosef): The following Tana'im all
hold Yesh Em l'Masores: Rebbi, R. Yehudah ben
Ro'atz, Beis Shamai, R. Shimon and R. Akiva.
(f) Answer: That is why Rebbi also learned from the Gezerah