POINT BY POINT SUMMARY
Prepared by Rabbi P. Feldman
of Kollel Iyun Hadaf, Yerushalayim
Rosh Kollel: Rabbi Mordecai Kornfeld
Ask A Question on the daf
Previous daf Makos 9
MAKOS 9 (7 Shevat) - dedicated by Danny & Ramona Schwartz, l'Iluy
Nishmat Yochanan Shabsai ben Yair, Z"L, whose Yahrzeit is 7
1) A GER TOSHAV REGARDING GALUS
(a) Version #1 (Mishnah): (Anyone can get Galus for killing a
Yisrael, a Yisrael can get Galus for killing anyone,)
except for a Ger Toshav...
(b) Inference: This implies that a Ger Toshav (does not get
or Mechayev Galus, regarding Galus he) is like a Nochri.
(c) Contradiction (end of the Mishnah): A Ger Toshav can get
Galus for killing a Ger Toshav.
(d) Answer (Rav Kahana): He does not get Galus for killing a
Yisrael, he gets Galus for killing a Ger Toshav.
(e) Version #2 - Contradiction: It says "Li'Vnei Yisrael
vela'Ger.." (Arei Miklat are also for Gerei Toshav);
1. It also says "Lachem" - not for Gerei Toshav!
(f) Answer (Rav Kahana): A Ger Toshav does not get Galus for
killing a Yisrael, he gets Galus for killing a Ger
(g) Contradiction (Beraisa): (Benei No'ach do not need
warning for their Mitzvos -) therefore, a Nochri or Ger
(Toshav) that killed is killed.
1. The Beraisa equates a Ger Toshav to a Nochri - just
as a Nochri is killed whether or not he killed
someone of his own status (another Nochri), also a
(h) Answer #1 (Rav Chisda): If a Ger Toshav killed Derech
Yeridah, for which a Yisrael goes to Galus, Galus also
suffices for him;
1. If he killed Derech Aliyah, for which Yisrael is
exempt, he is killed.
(i) Objection (Rava): A Kal va'Chomer refutes this!
1. A Yisrael he goes to Galus for Derech Yeridah, a Ger
Toshav is not killed for this - a Yisrael is exempt
for Derech Aliyah, all the more so a Ger Toshav is
not killed for this!
(j) Answer #2 (Rava): A Ger Toshav is killed for Omer Mutar.
(k) Question (Abaye): Omer Mutar is Ones!
(l) Answer (Rava): I say that it is close to Mezid.
1. (Rav Chisda holds like Abaye, therefore he did not
establish the Beraisa as Rava did.) Rav Chisda and
Rava argued similarly elsewhere.
(m) (Rava): If a Ger Toshav killed a person, thinking that he
was an animal, or killed a Ger Toshav, thinking that he
was a Nochri, he is Chayav (Misah) - Omer Mutar is close
(n) (Rav Chisda): He is exempt - Omer Mutar is Ones.
(o) Question (Rava): "Hincha Mes Al ha'Ishah" (even though
Avimelech did not know that Sarah was married).
1. Suggestion: He is Chayav Misas Beis Din!
(p) Answer (Rav Chisda): No, he is Chayav Misah bi'Dei
1. Support (for this answer): "Mi'Chato Li" (the sin
would be punishable only by Hash-m).
(q) Question (Abaye): "Ha'Goy Gam Tzadik Taharog" - (because
he was Shogeg, it is considered as if he did not sin, and
Hash-m did not refute him!)
2. Rejection: Yosef likewise told Potifar's wife
"V'Chatasi l'Eilokim", even though adultery
(b'Mezid) is punishable by Beis Din;
i. Also Avimelech's sin would have been punishable
by Beis Din even though he was Shogeg.
(r) Answer (Rava): Hash-m refuted him!
1. Question: "Hashev Eshes ha'Ish Ki Navi Hu" - if her
husband was not a Navi, would he be allowed to keep
2) EXEMPTIONS FROM GALUS
2. Answer (R. Shmuel bar Nachmani): "Hashev Eshes
ha'Ish" - in any case;
i. Regarding Avimelech's claim to be a Tzadik
(because Avraham said she was his sister), "Ki
Navi Hu" - Avraham learned from your people
that it would be unsafe to say that she is his
ii. When a traveler comes to a city, people should
ask him if he needs food or drink, not about
the status of the woman with him!
iii. This teaches that a Nochri is (responsible and
is) killed for not having learned.
(a) (Mishnah - R. Yehudah): A Suma (blind person) does not go
3) THE AREI MIKLAT
(b) R. Meir says, he goes to Galus
(c) A Sonei (If the murderer hated the victim) does not go to
(d) R. Yosi says, he is killed, because it is as if he was
(e) R. Shimon says, sometimes he is killed, sometimes not:
1. If we can say that he killed intentionally, he is
killed; if unintentionally, he goes to Galus.
(f) (Gemara - Beraisa - R. Yehudah): "B'Lo Re'os" - this
excludes a Suma;
(g) R. Meir says, "B'Lo Re'os" includes a Suma.
(h) Question: What is R. Yehudah's reason?
(i) Answer: "Va'Asher Yavo Es Re'ehu va'Ya'ar" includes a
Suma, so "B'Lo Re'os" excludes him.
1. R. Meir agrees, but he says that "Bi'Vli Da'as" also
excludes him - two exclusions, one after the other,
always come to include.
(j) (Mishnah - R. Yosi): A Sonei is killed...
2. R. Yehudah says, "Bi'Vli Da'as" excludes one who
(k) Question: He was not warned!
(l) Answer: He holds like R. Yosi b'Rebbi Yehudah, who says
that a Chaver need not be warned, for warning is only to
distinguish whether one is Shogeg or Mezid.
(m) (Mishnah - R. Shimon): Sometimes a Sonei goes to Galus...
(n) (Beraisa #1): When does R. Shimon say that a Sonei gets
1. If the rope broke, he goes to Galus; if it slipped,
he does not go to Galus.
(o) Contradiction (Beraisa #2 - R. Shimon): He does not go to
Galus unless the Ma'agilah slipped from his hands.
1. This Beraisos argue about the rope breaking (Beraisa
#1 is Mechayev Galus, Beraisa #2 exempts) and
slipping (Beraisa #1 exempts, Beraisa #2 is
(p) Answer - part 1: We can resolve breaking - Beraisa #1
discusses a Sonei, Beraisa #2 discusses a friend;
(q) Answer - part 2: We can resolve slipping - Beraisa #1 is
like Rebbi (who exempts when the axe-blade slipped off),
Beraisa #2 is like Chachamim (who Mechayev).
(a) (Mishnah): Galus is in one of the Arei Miklat - there
were three in Ever ha'Yarden, and three in Eretz Kena'an
- "Es Shelosh he'Arim Titnu me'Ever la'Yarden v'Es
1. Until those in Eretz Kena'an were chosen, those in
Ever ha'Yarden were not Kolet - "Shesh Arei Miklat
Tihyenah", if all six are not Kolet, none are.
(b) We space the cities evenly - "Tachin Lecha ha'Derech
v'Shilashta Es Gevul Artzecha".
(c) We send two Chachamim with a murderer on his way to the
Ir Miklat, they speak to the Go'el ha'Dam, lest he kill
him on the way;
(d) R. Meir says "Zeh Davar ha'Rotze'ach" - the murderer
speaks for himself.
(e) R. Yosi b'Rebbi Yehudah says, at first, whether he killed
b'Shogeg or b'Mezid, he goes to an Ir Miklat, Beis Din
sends for him to come to trial:
1. If the verdict is that he is Chayav Misah, they kill
him; if not, they exempt him;
(f) (Gemara - Beraisa): Moshe separated three cities in Ever
ha'Yarden, Yehoshua separated three opposite (i.e. due
west of) them in Eretz Kena'an, like two rows of vines in
2. If he is Chayav Galus, they return him to his Ir
Miklat - "V'Heshivo Oso ha'Edah El Ir Miklato..."
1. Chevron in Yehudah was opposite Betzer in Midbar,
Shechem in Har Efrayim was opposite Ramos in Gil'ad,
Kadesh in Har Nafoli was opposite Golan in Bashan.
2. "V'Shilashta" - they must be evenly spaced - the
following distances were the same:
i. From the south (of Eretz Yisrael) to Chevron,
from Chevron to Shechem, from Shechem to
Kadesh, from Kadesh to the north (of Eretz