More Discussions for this daf
1. Go'el ha'Dam in an Ir Miklat? 2. Go'el ha'Dam 3. Rambam, Hilchos Rotze'ach 7:10
4. Rav Yehudah and Ma'aseros 5. Having tree trouble 6. The Go'el ha'Dam and Eidim Zomemim
7. Rotze'ach In Mid-Air Over the Ir Miklat 8. Harag b'Osah ha'Ir 9. l'Heichan Golin l'Machaneh Leviah
10. Ben Levi 11. Ki b'Ir Miklato Yeshev 12. Tosfsos - Peirush of the R"M
13. The Trunk Inside and the Branches Outside
 DAF DISCUSSIONS - MAKOS 12
1. Avrahom asks:

A gut day to the Chavrei HaKollel Hakedosha!

So the trunk is in the Techum he's in the branches...

Rava Everyone agrees with trees it's his body..so at the base of the branches he's inside on the trunk Rabanan, Rav Yehudah Goel Hadam is restrained.

Guy feels wild goes on the branches hanging outside Rav Yehudah Rabanan- the Goel HaDam is good with an arrow or double barrel shot gone...no problem.

However this Goel HaDom has a real blood thirst for this guy playing like a pre-cheder boytchik running around "catch me if you can" camping around the edge of a techum so the Goel can see him...this Goel needs to use a knife or his hands....Or maybe he has bad vision or coordination, can he go up the Trunk to get to the branches.

By milklat Rav Yehudah sees it like segments, and the trunk is a means to an end so it's not a kullah to climb it because he'll be strangling him, or throwing him down to his demise outside the Techum.

The Rabanan apparently go after location and consider the act of climbing being for the purpose is utilizing the Trunk to kill him which is Asur.

(Unrelated could he climb a tree or watch tower in the Techum to get a view or possible arrow rifle shot on a Rotzeach BeShogeig that left)?

What about the reversed case?

If the branches are inside and the trunk outside...

The lashon is there is no Machlokes if he's perched on the trunk inside you can't kill him...if he's on branches beyond the Techum and he's a marksmen he can kill him according to all.

Can a trunk protect him outside when branches are hanging inside? He's on Branches inside, if he's a marksmen and can hit him from the trunk or even beyond it does the airspace save him?

Avrahom , United States

2. The Kollel replied:

Dear Avrahom,

Concerning "tree trouble"-- first remember that if the Shogeg killer is on the outside branches, the Go'el ha'Dam can kill him with an arrow only if the Go'el ha'Dam is also outside! Therefore, in your "unrelated" question he cannot shoot from inside the Techum (tree, tower) to the Shogeg killer (but if he wants to view him, why not).

If (in your last case) the branches are inside and the Shogeg is outside on the trunk, we always said the branches are the Ikar and so he is protected from getting killed. The Go'el ha'Dam can never shoot from inside and so he is protected l'Chumra.

All the best,

Reuven Weiner