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MAKOS 11
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SUMMARY

1. The term "Dibur" implies a strong statement. It is used in Sefer Yehoshua only with regard to the cities of refuge, which were proscribed by the Torah.
 
2. We are told (in Yehoshua 24:26) "Yehoshua wrote these words in the Sefer Toras Elokim." There is a disagreement between the Tana'im whether this is a reference to the last eight verses in the Torah, or to the section of Yehoshua which discusses the cities of refuge.
 
3. There is a disagreement between Rebbi Yehudah and Rebbi Meir whether a Sefer Torah may be sewn with linen threads.
 
4. A murderer stays in the city of refuge until the death of the Kohen Gadol. There is a disagreement among the Tana'im whether murderers are free to leave if the Mashu'ach Milchamah dies.
 
5. The mothers of the Kohanim Gedolim provided the murderers with food, so that the murderers would not pray for their son, the Kohen Gadol, to die.
 
6. A curse from a Chacham is fulfilled even if it was conditional (and the condition was not fulfilled).
 
7. An excommunication must be annulled even if was conditional (and the condition was not fulfilled).
 
8. If the Kohen Gadol dies after the final verdict of Beis Din is passed, the murderer does not go into Galus.
 
9. If the Kohen Gadol dies and a new Kohen Gadol is appointed before the final verdict of Beis Din is passed, the murderer is freed from Galus only upon the death of the second Kohen Gadol.
 
10. If a murderer was sentenced when there was no Kohen Gadol, or if the Kohen Gadol was killed, or if he killed someone else b'Shogeg, he can never leave the city of refuge.
 
11. If the Kohen Gadol turns out to be the son of a Gerushah or a Chalutzah, there is a disagreement if the murderer is free to leave the city of refuge.

A BIT MORE

1. Rebbi Yehudah and the Rabanan disagree about why the term "Dibur" is used. According to one view, it is used because Yehoshua delayed designating the cities of refuge. According to the other view, it is used because the designating of cities of refuge is a Mitzvah from the Torah.
 
2. The Parshah of the cities of refuge was written in Sefer Yehoshua and not in the Torah. Nevertheless, since it is also mentioned in the Torah, it is referred to as "Sefer Toras Elokim."
 
3. One Tana maintains that the requirement to sew a Sefer Torah with sinew threads, and not linen threads, is derived from the law of Tefilin, and thus a Sefer Torah sewn with linen threads is Pasul. The other Tana maintains that it is a Halachah l'Moshe mi'Sinai that says that Tefilin sewn with linen threads are Pasul. This Halachah l'Moshe mi'Sinai applies only to Tefilin not to a Sefer Torah.
 
4. The Tana Kama maintains that the death of either the Kohen Gadol who was anointed with the Shemen ha'Mishchah, or the Kohen Gadol who wears the eight Begadim, or a former Kohen Gadol, frees the murderers from the cities of refuge. Rebbi Yehudah adds that the death of the Mashu'ach Milchamah also enables them to leave.
 
5. A curse with no basis is not fulfilled. However, there is concern that the prayer of the murderers that the Kohen Gadol die might be fulfilled, because the Kohen Gadol should have prayed for his generation (that there be no murders) and he failed to do so.
 
6. Even if the condition was not fulfilled, the curse takes affect.
 
7. Even if the condition was not fulfilled, the excommunication takes effect.
 
8. The death of the Kohen Gadol atones for his sin, even if he does not go into Galus.
 
9. Although the second Kohen Gadol was not yet appointed at the time of the murder, nevertheless since he was appointed prior to the final verdict he should have prayed that the verdict would end with an acquittal, and he failed to do so.
 
10. A murderer may not leave the city of refuge even to testify about a Mitzvah, or for a monetary or capital case. Even if the murderer is a head of the army, like Yo'av Ben Tzeruyah, and is needed by Klal Yisrael, he may not leave.
 
11. Rebbi Eliezer maintains that if a Kohen found out that he is the son of a Gerushah or the son of a Chalutzah, all of the Avodah that he had performed on the Mizbe'ach is Pasul. According to Rebbi Eliezer, certainly the death of the Kohen Gadol who is the son of a Gerushah or Chalutzah does not allow the murderer to go free. However, Rebbi Yehoshua says that the Avodah he performed on the Mizbe'ach is valid, and consequently the murderer goes free upon his death.

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