The gemara asks on 10b Amar Mar bi'Shegah Ma'aseh l'Yado Peshita d'Iy b'Meizid Bar Galus Hu and the gemara answers that even if he is a Meizid he will still go to galus because like we learnt before Echad Shogeg v'Echad Meizid Makdimim l'Arei Miklat and therefore the goel hadom will think that maybe the Rotzeiach went to galus when he killed b'Meizid and he will try to kill him and that's why the gemara says you need to have 2 talmidei chachomim in order that they should tell the goel hadom not to kill the Rotzeiach since he was a Shogeg.
My question is that we are saying that since a Rotzeiach goes to galus whether he is a shogeg or a Meizid so therefore the goel hadom will think that he went there b'Meizid and will try to kill him and that's why u need the talmidei chachomim to tell the goel hadom that he was a Shogeg. So my problem is that how could the goel hadom kill the Rotzeiach if he has a Safek whether the Rotzeiach killed b'Shogeg or b'Meizid but you can't kill someone if you have a Safek???
Benzi, London
Benzi,
The Sheluchei Beis Din that accompany the Rotze'ach to Galus must notify the Goel ha'Dam that the Rotze'ach is Shogeg not only because the Goel ha'Dam may think he is Mezid. The Torah is concerned that the Goel ha'Dam may even attempt to kill him if he is Shogeg since Beis Din cannot punish a Goel ha'Dam who kills a Rotze'ach b'Shogeg outside of the Ir Miklat (Rashi 10b, DH b'Goel ha'Dam ha'Kasuv Medaber; Rambam, Hilchos Rotze'ach 5:9-10). The Minchas Chinuch writes that even though he is Patur, it is Asur for him to kill the Rotze'ach b'Shogeg who is being returned to the Ir Miklat.
The Torah is concerned "Ki Yeicham Levavo" (Devarim 19:6) and his emotions may lead him to avenge the death of his relative. Fully aware that they lack any means of deterring the Goel ha'Dam by a threat of retribution from Beis Din, the Sheluchim plead with the Goel ha'Dam not to kill the Rotze'ach by appealing to him to have compassion on the Rotze'ach who killed his relative unintentionally.
Avraham Phillips