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 10
1) SELECTION OF THE AREI MIKLAT
(a) Question: Why were there three in Ever ha'Yarden (for
only two and a half Shevatim), and three in Eretz Yisrael
(proper, for nine and a half Shevatim)?
2) THE VALUE OF TORAH
(b) Answer (Abaye): There were many murderers in Gil'ad -
"Gil'ad Kiryas Po'alei Aven Akubah mi'Dam".
1. (R. Elazar): "Akubah mi'Dam" - they sat in ambush to
(c) Question: They must be evenly spaced - why was the (north
to south) distance from the extremes (north and south) to
an Ir Miklat a quarter of the length of Eretz Yisrael,
whereas, in the interior, it was at most half of this?
(d) Answer (Abaye): There were also many murderers in Shechem
(in the middle of Eretz Yisrael) - "Chever Kohanim Derech
1. (R. Elazar): "Chever Kohanim" - they used to gang up
to kill, as Kohanim gang up to collect Terumah from
(e) Question: There were more than six cities - "Va'Aleihem
Titnu Arba'im u'Shtayim Ir"!
(f) Answer (Abaye): The six are Kolet whether or not the
murderer intended to take refuge there, the others are
Kolet only if he intended.
(g) Question: Chevron was not an Ir Miklat - "Va'Yitnu
l'Kalev Es Chevron..."
(h) Answer (Abaye): Kalev received the surrounding villages -
"V'Es Sede ha'Ir v'Es Chatzereha Nosnu l'Kalev".
(i) Question: Kadesh was not an Ir Miklat - "V'Arei
1. (Beraisa): We do not select small towns to be Arei
Miklat (for food is scarce), nor great cities (lest
the Go'el ha'Dam will come there often, and plot to
kill the murderer), rather, intermediate cities.
(j) Answer (Rav Yosef): There were two cities called Kedesh.
1. (Rav Ashi): This is like Salikum, a middle-size city
called by the name of the great city it is a suburb
(k) (Beraisa): Arei Miklat are not small towns, nor great
cities, rather, intermediate cities;
1. We only establish them in places of water;
(l) R. Nechemyah says, we do not sell weapons or traps in the
i. If there is no water, we dig channels so water
will flow to them from rivers.
2. We only establish them where there are markets, and
many people nearby (lest Go'elei ha'Dam take up arms
and overcome the residents);
3. If the people nearby dwindled, we bring more; if
residents of the city dwindled, we bring Kohanim,
Leviyim and Yisraelim (so that murderers will not
comprise the majority. Ritva - we do not bring other
lineages, who lack the proper Midos, lest they give
the murderer to the Go'el ha'Dam; also, we want
people fit to serve on a Sanhedrin, in case there
will be a need. Si'ach Yitzchak - the Beraisa
teaches that even though the cities belong to
Leviyim, Yisraelim may settle there.)
(m) Chachamim permit this (the Go'el ha'Dam is afraid to
overtly kill him, for if so, he is Chayav Misah).
(n) All agree that we do not set traps there; also, we do not
twine ropes (this is done over a large area, encompassing
many people), lest the Go'el ha'Dam will come there
(o) (R. Yitzchak): We learn from "...Va'Chai" - we must
ensure that he will live.
(a) (Beraisa): "Va'Chai" - if a Talmid goes to Galus, his
Rebbi also goes, so he will have true life.
3) THE TRIP TO THE IR MIKLAT
1. (R. Zeira): This teaches that a Rebbi should be
careful not to teach an improper Talmid (the Rebbi
goes to Galus as punishment for teaching him).
(b) (R. Yochanan): If a Rebbi goes to Galus, his academy also
(c) Question: But R. Yochanan taught, Torah is Kolet - "Es
Betzer ba'Midbar...V'Zos ha'Torah".
(d) Answer #1: It is only Kolet when one is learning.
(e) Answer #2: It is Kolet (protects) from the angel of
death, but not from the Go'el ha'Dam.
1. Rav Chisda was learning, the angel of death could
not approach him, for he did not cease speaking
Torah. He sat on a tree, the angel of death split
the tree, Rav Chisda stopped learning for a moment,
(f) (R. Tanchum bar Chanilai): The first Ir Miklat mentioned
was in Reuven's portion - he merited this because he was
the first to speak to save Yosef, "Va'Yishma Reuven
(g) (R. Simlai): "Shalosh Arim...Mizrechah Shamesh" - Hash-m
told Moshe to (separate the cities, and thereby) make the
sun shine for murderers; alternatively, He told him, 'By
separating the cities, you made the sun shine for
(h) (R. Simai): "Ohev Kesef Lo Yisba Kesef" - this is Moshe,
who knew that the cities he separated would not Kolet
until the ones in Eretz Yisrael were separated, in any
case he seized the opportunity to do the Mitzvah;
(i) "U'Mi Ohev be'Hamon Lo Sevu'ah" - who is qualified to
teach Torah to many? Someone who has all the grain (he
knows Tanach, Mishnah, Halachos and Agados).
1. (R. Elazar): "Mi Yemalel Gevuros Hash-m Yashmi'a Kol
Tehilaso" - who is qualified to recount Hash-m's
mighty acts? Someone who can make known all His
praise (knows all His Torah).
(j) (Rav Ashi): "U'Mi Ohev be'Hamon..." - whoever loves
learning with many, he will have grain (Torah).
1. (R. Yosi b'Rebbi Chanina): "Cherev El ha'Badim..." -
Chachamim who learn Bad b'Vad (individually) are
worthy of the sword;
(k) (Ravina): "U'Mi Ohev..." - whoever loves teaching many,
he will have Torah.
i. Further, they become foolish - it says
"V'No'alu", like "Asher No'alnu";
ii. Further, they sin - we learn from "Va'Asher
Chatanu", or from "No'alu Sarei Tzo'an".
1. (Rebbi): I learned much from my Rebbi'im, even more
from my colleagues, and the most from my Talmidim.
(l) (R. Yehoshua ben Levi): "Samachti b'Omrim Li Beis Hash-m
Nelech" - David said to Hash-m, 'I heard people saying,
'When will David die, and Shlomo will build the Beis
ha'Mikdash and we will go there for the festivals!', and
i. Hash-m: "Tov Yom ba'Chatzerecha me'Alef" - I
prefer one day that you engage in Torah to 1000
Korbanos that Shlomo will bring.
(a) (Mishnah): We space the cities evenly...
(b) (Beraisa - R. Eliezer ben Yakov): We write 'Miklat' on
every crossroads, so a murderer will know which way to
(c) (Rav Kahana): He learns from "Tachin Lecha ha'Derech" -
prepare the way.
4) A CITY WITHOUT ZEKENIM
(d) Rav Chama bar Chanina would began expounding the Parshah
of murderers: "Tov v'Yashar Hash-m Al Ken Yoreh Chata'im
ba'Darech" - He shows sinners the path, all the more so
(e) Reish Lakish would begin "Veha'Elokim Inah l'Yado",
"Ka'asher Yomar Meshal ha'Kadmoni me'Rsha'im Yetzei
Resha" - the verse discusses two men, both killed without
witnesses, one b'Shogeg, the other b'Mezid;
1. Hash-m arranges that they come to the same inn, the
Shogeg murderer walks down a ladder and falls on the
Mezid, killing him, as he deserved;
(f) (Rabah bar bar Huna): Hash-m leads a person in the way he
wants to go - we learn this from Torah, Nevi'im and
i. (Witnesses saw this time, so) the Shogeg
murderer goes to Galus, as he deserves.
1. Torah - at first, Hash-m told Bil'am "Lo Selech
Imahem"; after he persisted, Hash-m told him "Kum
(g) (Rav Huna): If the Go'el ha'Dam killed the murderer on
his way to Galus, he is exempt;
2. Nevi'im - "Ani Hash-m...Madrichecha b'Derech
3. Kesuvim - "Im la'Letzim Hu Yalitz vela'Anavim Yiten
1. He understands that "V'Lo Ein Mishpat Maves"
discusses the Go'el ha'Dam.
(h) Question (Beraisa): "V'Lo Ein Mishpat Maves" - the
1. Suggestion: Perhaps it refers to the Go'el ha'Dam!
(i) Answer: Rav Huna holds like the following Tana
2. Rejection: The verse continues "Ki Lo Sonei Lo
Mitmol Shilshom", it discusses the murderer.
1. (Beraisa): "V'Lo Ein Mishpat Maves" - the Go'el
(j) (Mishnah): 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;
i. Suggestion: Perhaps it refers to the murderer!
ii. Rejection: "Ki Lo Sonei Lo..." already teaches
that the murderer should not be killed - "V'Lo
Ein Mishpat Maves" must teach about the Go'el
1. Suggestion: The Chachamim warn the Go'el ha'Dam, if
he kills the murderer, he will be killed.
(k) Question (Beraisa): 'Do not treat him like a murderer, it
2. Rejection: No, they merely try to dissuade him from
i. (Beraisa): They say appropriate words, 'Do not
treat him like a murderer, it happened
ii. R. Meir says "Zeh Davar ha'Rotze'ach" - the
murderer speaks for himself.
iii. Chachamim: Words are accepted better through
1. This is obvious, if he was Mezid he does not go to
(l) Answer: Indeed, even b'Mezid he (at first) goes to Galus!
1. (Beraisa - R. Yosi b'Rebbi Yehudah): At first, he
goes to an Ir Miklat, whether he was Shogeg or
Mezid; Beis Din send for him, and pass sentence:
(m) (R. Elazar): If a city is mostly murderers, it is not
Kolet - "V'Diber b'Oznei Ziknei ha'Ir ha'Hi Es Devarav" -
his words (I murdered) cannot be the same as (the
majority of) their words.
i. If the verdict is that he is Chayav Misah, they
kill him - "V'Shalchu Ziknei Iro...v'Nasnu Oso
b'Yad Go'el ha'Dam va'Mes";
2. Rebbi says, the murderers run to Arei Miklat on
their own - the Mezid murderers do not realize that
Klitah is only for Shogeg.
ii. If he is exempt, they discharge him -
"V'Hitzilu ha'Edah...mi'Yad Go'el ha'Dam";
iii. If he is Chayav Galus, they return him to his
Ir Miklat - "V'Heshivo Oso ha'Edah El Ir
(a) (R. Elazar): If a city lacks Zekenim, it is not Kolet,
for we cannot fulfill "V'Diber b'Oznei Ziknei ha'Ir".
(b) R. Ami and R. Asi argued about R. Elazar's law; one of
them learned like him;
1. The other says, it is Kolet - "V'Diber..." is only
(c) (R. Ami or R. Asi): If a city lacks Zekenim, a boy (of
the city) cannot become a Ben Sorer u'Moreh, we need
"Ziknei Iro" (to judge him);
(d) (The other of R. Ami and R. Asi): A boy can become a Ben
Sorer u'Moreh - "Ziknei Iro" is only l'Chatchilah.
(e) (R. Ami or R. Asi): If a city lacks Zekenim, it does not
bring Eglah Arufah (behead a calf if a murdered corpse is
found and it is the closest city), we need "Ziknei ha'Ir
(f) (The other of R. Ami and R. Asi): It brings Eglah Arufah
- "Ziknei ha'Ir ha'Hi" is only l'Chatchilah.