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MAKOS 7
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SUMMARY

1. If witnesses are relatives of the guarantor, their testimony is not valid.
 
2. A person ran away from Beis Din after the final verdict, and later he was brought back to Beis Din. The verdict is carried out without delay.
 
3. Batei Dinim shall be established both in Eretz Yisrael and in Chutz la'Aretz.
 
4. A Sanhedrin which puts someone to death once in seven years is regarded as "brutal," according to the Tana Kama.
 
5. Rebbi Tarfon and Rebbi Akiva said that if they had been in the Sanhedrin, they would never have put someone to death.
 
6. A person who murders someone b'Shogeg with a downward motion is Chayav Galus. If he was performing an upward motion, he is exempt.
 
7. A murderer is exempt from Galus if he was under the impression that the Torah permits murder. He is also exempt from Galus if he intended to kill an animal and killed a Jew instead.
 
8. If someone intends to throw an object in one direction but the object flew off in a different direction, killing a person, he is exempt from Galus.
 
9. If the rung of a ladder is displaced by someone who is climbing up the ladder and he falls and kills someone, he is Chayav Galus.
 
10. If the metal part of an axe flies off its handle in the process of chopping wood, or a piece of wood flies out from a tree that is being chopped and it kills someone, Rebbi and the Chachamim disagree about whether or not the chopper is Chayav Galus.

A BIT MORE

1. Although the witnesses are not related to the borrower and lender, if the borrower does not repay the loan, the lender will collect from the guarantor. Therefore, he is disqualified from testifying.
 
2. However, if he ran away from Chutz la'Aretz to Eretz Yisrael and he was brought to the Beis Din in Eretz Yisrael, his case is revisited, because perhaps the merit of Eretz Yisrael will enable them to find grounds for leniency.
 
3. Batei Dinim shall be established in every region and in every city in Eretz Yisrael. In Chutz la'Aretz, they shall be established in every region, but not in every city.
 
4. Rebbi Elazar ben Azaryah says it is regarded as a brutal Sanhedrin even if someone is put to death only once every seventy years.
 
5. Even if witnesses would have testified that a person committed murder, Rebbi Tarfon and Rebbi Akiva would not have executed the defendant, because of the possibility that the murder victim was a Tereifah. Even if the body of the victim was inspected and found not to be a Tereifah, perhaps there was a hole in his body in the place where he was stabbed.
 
6. Consequently, if a person was descending a ladder and fell down and killed someone, he is Chayav Galus. If he was climbing up when he fell and killed someone, he is exempt.
 
7. Abaye maintains that one who believes that murder is permitted is regarded as an Ones. Rava says that he is close to being a Mezid.
 
8. Similarly, if one intended to throw the object two cubits and it flew four cubits and killed someone, he is exempt from Galus.
 
9. Although the rung of the ladder was displaced in the process of his climbing up the ladder, he is regarded as though he killed on the way down, and he is Chayav Galus.
 
10. Rebbi maintains he is Chayav Galus if a piece of wood flies off from the tree, but not if the metal part of the axe flies off its handle. The Chachamim maintain the opposite.

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