More Discussions for this daf
1. v'Nashal or v'Nishal? 2. Galus 3. Euthanasia
4. Hillel and Shammai 5. Abaye's question 6. Next of Kin for Go'el ha'Dam
7. Derech Yeridah 8. Shogeg 9. Yesh Eim la'Mikra
10. bi'Shegagah Prat l'Meizid 11. Killer courts 12. Edim Zomemim Unaware of Consequences of Their Edus
13. Disqualifying Eidim of Treifah 14. Once in 7, once in 70... 15. Tereifah by human beings
16. Mezid 17. Who does not go to the Ir Miklat 18. pelach
19. Machlokes of R'Yochanan and R'Abahu 20. Machlokes Rebbi Avahu & Rav Yochanan 21. "Tree" in the Pasuk
22. Cities of refuge - Roller on roof
 DAF DISCUSSIONS - MAKOS 7
1. yaakov gross asks:

gemara says mazid is pshita hes a bar ketala. so rava says omer muter ..abbaya says omer muter is ones? so what is abaya excluding from the posek at the end of the day

yaakov gross, lawrence ny

2. The Kollel replies:

Shalom Rav,

I must admit that your question initially had me stumped, which explains my delay in answering. Meanwhile, I discovered an answer in the Otzar Meforshei ha'Talmud, which cites Tosfos on Daf 9a (DH v'Rav Chisda). Tosfos explains there that even the opinion that holds that "Omer Mutar" is Ones will agree that when the Beraisa says "'bi'Shegagah' -- Prat l'Meizid," it refers to "Omer Mutar," which it calls "Meizid" because the murderer did, in fact, kill with intent.

As for Abaye's objection, it is not a Halachic one, but rather one based on the fact that the Tana classifies "Omer Mutar" as "Meizid" (notwithstanding the reason we just gave to justify it). By calling it Meizid, he maintains, it would permit the Go'el ha'Dam to kill the Rotze'ach. But, considering that he is actually an Ones, this is not the case. In fact, this is the point over which Abaye and Rava argue.

Kol Tuv,

Eliezer Chrysler